Which Ontario Court Handles My Family Law Case: Superior Court or Family Court?

If you live near Peterborough, Lindsay or Barrie, your family case can be heard at the Family Court Branch of the Superior Court of Justice, also called the Unified Family Court, which sits in 25 locations including those three. All family law issues can be heard there.

Outside those locations, you start in either the Superior Court of Justice or the Ontario Court of Justice, depending on your claims. The Superior Court of Justice hears divorce, family property division, matrimonial home claims, trust and unjust enrichment claims, family arbitration appeals, parenting, and child and spousal support. The Ontario Court of Justice hears parenting, child and spousal support, support enforcement, adoption and child protection, but not divorce or property.

Which court is right depends on your claims, because divorce and property are not heard in the Ontario Court of Justice. Generally, you start in the municipality where you or your spouse lives, although the children's municipality may apply if parenting time or decision-making responsibility is involved. Courthouse addresses and local procedures change, so check current details and confirm with a lawyer if unsure.