Can I Represent Myself in Ontario Family Court Without a Lawyer?
Yes, you can go to Ontario family court without a lawyer, and many free services exist to help you. Family Law Information Centres are free across Ontario and give information on separation, divorce and related issues, but their coordinators do not give legal advice. Judges and court staff also cannot give legal advice.
Legal Aid Ontario provides family duty counsel at courthouses, in person and virtually, who can review your forms and explain the law but cannot represent you in your case. Duty counsel and advice counsel may give 20 minutes of free advice, whether or not you are eligible for legal aid. If you qualify financially, Legal Aid Ontario may give you a certificate to pay for your own lawyer.
Representing yourself means meeting the same deadlines as everyone else. A respondent must serve and file an Answer within 30 days after being served, or 60 days if the application was served outside Canada or the United States, and unless the court orders otherwise, a respondent who does not answer is not entitled to take part in the case. Once a trial date is set, adjournments are allowed only in exceptional circumstances. Availability of these services varies by courthouse, so check with the court office. A lawyer can confirm what applies to you.
Key takeaways
- Duty counsel can review your forms and explain the law, but they cannot represent you in your court case.
- Duty counsel and advice counsel may give 20 minutes of free advice whether or not you are eligible for legal aid.
- The Law Society Referral Service gives you the name of a lawyer in your community, along with a consultation of up to 30 minutes at no cost.
- If you qualify financially, the Family Justice Centre offers free supervised drafting help from law students, and if you do not have a lawyer, the Urgent/Emergency Family Law Referral line gives free telephone advice.