How Do I Start a Family Court Case in Ontario Without a Lawyer?
You start a family court case by filing an application, which is Form 8, Form 8A or a joint application. Generally, you start the case in the municipality where you or your spouse lives, although the municipality where the children live may apply instead if parenting time or decision-making responsibility is involved.
Which court you use depends on where you live. The Family Court Branch of the Superior Court of Justice sits in 25 locations and can hear all family law issues. Outside those locations, you start in either the Superior Court of Justice or the Ontario Court of Justice, depending on your claims. Financial statements are Form 13 for support claims or Form 13.1 for property or debt claims.
The respondent has 30 days to serve and file an Answer on Form 10, or 60 days if they live outside Canada and the United States, and the applicant has 10 days to file a Reply on Form 10A. You generally must attend a Mandatory Information Program session before your first appearance or case conference, and no later than 45 days after the case starts, unless an exception applies. A lawyer can confirm which forms fit your situation.
Key takeaways
- You start with an application on Form 8, Form 8A or a joint application.
- The Family Court Branch sits in 25 locations, and elsewhere you start in the Superior Court of Justice or the Ontario Court of Justice, depending on your claims.
- Financial statements are Form 13 for support claims or Form 13.1 for property or debt claims.
- A Mandatory Information Program session is generally required no later than 45 days after the case starts, unless an exception applies.