Appealing an Ontario Family Court Order: Deadlines and Court

If you think a judge got it wrong, an appeal may be on your mind. Appeals are strict about deadlines and about which court you go to, and getting either wrong can end your chance before it starts.

This article walks through the court routes and the time limits. The legal grounds you need for an appeal are a matter for a lawyer to assess on your particular decision, so it is worth getting advice quickly.

Which court hears the appeal

The answer depends on where the order was made and what kind of order it is.

Whether your case is in the Ontario Court of Justice, the Family Court or the regular Superior Court of Justice affects the route, so check the heading on your order.

The deadlines

For a final Ontario Court of Justice order, you must serve a notice of appeal (Form 38) within 30 days after the date of the order and file it within 10 days after serving it. For a Divorce Act order, no appeal lies more than 30 days after the day the order was made, though the appellate court may extend this on special grounds, before or after the time expires.

Temporary orders are different, and the limits are shorter:

• Temporary Ontario Court of Justice order: serve the notice of appeal within 7 days after the date of the order.
• Temporary Ontario Court of Justice order in a child protection case under the Child, Youth and Family Services Act, 2017: the limit is 30 days.
• Temporary or interlocutory Superior Court of Justice order: the notice of motion for leave must be served within 15 days after the order.
• Temporary child protection orders in the Superior Court of Justice: the leave motion is served within 30 days, together with the notice of appeal, and heard with the appeal.

Because the date runs from the order, not from when you received it or felt ready, write the date down as soon as you leave court.

Grounds and what an appeal is not

What an appeal can do for you depends on your situation, so it is worth confirming with a lawyer. The grounds that allow an appeal depend on the order and the court, and a lawyer can tell you whether yours has a realistic basis.

An appeal also does not pause everything. Serving a notice of appeal does not stay a support order or an order enforcing support, while other payment orders are stayed until the appeal is decided. You may need to keep paying or receiving support during the appeal.

Is a motion to change the better route?

If your complaint is that life has changed since the order, rather than that the judge made a mistake, a motion to change may fit. It applies to a final order, a support agreement filed under s. 35 of the Family Law Act, or a family arbitration award, and uses Form 15.

The court must find a change of the kind the law requires. Under the Divorce Act, that means a change in circumstances under the guidelines for child support, a change in a former spouse's condition, means, needs or other circumstances for spousal support, and a change in the child's circumstances for parenting. For parents who never married and have a provincial order, a parenting or contact order can be varied only on a material change affecting the child's best interests. If the parties agree, a consent motion to change is available.

What to do next

• Find the date of the order and mark every deadline above on a calendar.
• Identify the court that made the order and whether it is final or temporary.
• Get a copy of the order and any written reasons.
• Speak with a family lawyer right away about grounds, leave and extensions.
• Remember that serving a notice of appeal does not stay a support order or an order enforcing support, while other payment orders are stayed until the appeal is decided, so confirm with a lawyer what applies to your order before you change what you do.

Frequently asked questions