Form 25: Release from Custody

When Form 25 is used

The court uses Form 25 when a person is released from custody in a qualifying family case, including a subpoenaed witness arrested under Rule 119, certain support-enforcement arrests under Rule 141, failure-to-attend arrests under Rule 149 and extraordinary-remedy proceedings under Rule 151. The exact legal route matters: it is not a substitute for a bail form in a criminal case.

What the release form records

The official Form 25 provides space for the party names, court registry, case references and information about the person being released. Depending on the circumstances, the person may sign a promise to attend court at the listed date, time and location, or record payment required by an relevant Family Maintenance Enforcement Act order. The court completes its part of the form.

What to check if you receive Form 25

1. Read the actual release document and identify the registry, case number and your full name.
2. Check the exact court date, time, address and any other terms against what the judge ordered.
3. Provide accurate contact information and sign if required by the court process. Keep a copy.
4. Arrange transportation, interpretation or accessibility support for the required appearance well in advance.
5. If something is unclear, contact the registry or obtain legal advice immediately; do not guess that a missed appearance will be excused.

Special rule for subpoenaed witnesses

Rule 119 provides for a witness arrested under a Form 24 warrant to be brought before a judge as soon as possible. If the evidence is still needed, the judge may release that witness on Form 25 with a specified appearance, or direct detention in the circumstances authorized by the rule. An ordinary party cannot promise or guarantee release.

Other family-enforcement situations

Rule 141 addresses certain support-enforcement arrests, Rule 149 certain failures to attend court, and Rule 151 proceedings related to a possible imprisonment order under section 231(2) of the Family Law Act. Do not apply the Rule 119 witness process to an enforcement debtor. The proper conditions and steps depend on the rule invoked and any court order.

Worked example

Common mistakes

Release from custody is not dismissal of the underlying family proceeding. A promise to attend may have serious consequences if ignored, including another warrant in circumstances specified by the rules. This guide cannot tell a person when they personally will be released; that depends on the rule and the court’s decision.