Can You Appeal a Family Court Decision in Ontario?

Yes, you can appeal a family court decision in Ontario, but which court hears it, and how fast you must act, depend on the court that made the order and whether the order is final or temporary.

An appeal from an Ontario Court of Justice order generally goes to the Superior Court of Justice. You must serve a notice of appeal within 30 days after a final order and file it within 10 days after serving it, but within 7 days for a temporary Ontario Court of Justice order, or 30 days for temporary child protection orders. A final Family Court order made only under an Ontario Act goes to the Divisional Court, while other final Superior Court orders, such as Divorce Act orders, go to the Court of Appeal for Ontario. Temporary Superior Court orders go to the Divisional Court only with leave, and the leave motion is served within 15 days, or within 30 days with the notice of appeal in temporary child protection appeals.

Serving a notice of appeal does not stay a support order. A motion to change is different: it asks to change a final order, and the court must find a change in circumstances. Because the deadlines are strict, speak to a lawyer quickly.