Can Ontario family court filing fees be waived if a party can't afford them?
Yes. Ontario has a process that allows a person who genuinely can't afford family court filing fees to apply to have those fees waived, based on their financial circumstances, so that an inability to pay government fees doesn't itself become a barrier to starting or continuing a family court case. This generally involves completing a specific request and providing information about income and financial circumstances so the court can assess eligibility, rather than the waiver being automatic for anyone who asks.
A fee waiver, where granted, generally applies to the government filing fees themselves and doesn't cover a party's own legal fees or other costs of the case, which remain separate. Because eligibility and the specific process can depend on individual financial circumstances, anyone concerned about affording family court fees should ask court staff, including at a Family Law Information Centre, about the current fee waiver process rather than assuming fees are a fixed barrier or that they must pay them regardless of their situation. Getting this sorted out early avoids unnecessary delay in starting or continuing a case.
Key takeaways
- Ontario has a process to waive family court filing fees for those who genuinely can't afford them.
- Eligibility is based on financial circumstances and generally requires a specific request and information.
- A fee waiver applies to government filing fees, not a party's own legal fees.
- Ask court staff about the current fee waiver process rather than assuming fees are a fixed barrier.