Attending Ontario Family Court by Zoom: Rules and Etiquette

If you have been told your family court hearing will be held by video, it can feel strange to deal with something this serious from your kitchen table. The good news is that the substance of the hearing does not change. The judge still decides the issues, and you are still expected to be ready.

This article explains how to get ready, how to behave on camera, and where to find help beforehand. How you join, and any special instructions, come from your court notice and the court office, because practice can differ by court and region.

Start with your court notice

The notice or email you received from the court is your best guide to how to join. It will usually tell you the date, the time and how to connect. If anything is unclear, contact the court office well before the hearing rather than on the morning of it.

Courts and regions can have their own practice directions, so a tip that worked for a friend in another city may not match your instructions. Follow what your own court tells you.

Prepare as if you were in the courtroom

How a video hearing affects your paperwork depends on your court and your situation, so it is worth confirming with the court office or a lawyer. For a motion, forms must be served at least 6 business days before the motion date and filed, with Form 6B, at least 4 business days before. Form 14C (Confirmation of Motion) must be filed by 2:00 p.m. three business days before, or the motion will be cancelled.

For a trial, each party files Form 17E (Trial Management Conference Brief) for the trial management conference. The applicant must serve the trial record at least 20 calendar days before the trial starts. Once a trial date is set, you are expected to go ahead, and adjournments are allowed only in exceptional circumstances.

It also helps to know the order of a trial. The applicant gives the opening statement and calls witnesses first, and the respondent cross-examines. The respondent then calls their witnesses, and closing statements come last. Knowing this makes it easier to know when to speak and when to stay quiet.

Etiquette on camera

Treat the hearing with the same respect you would show in a courtroom. Courts set their own expectations, but these habits are widely sensible:

• Join early and test your camera, microphone and internet connection.
• Choose a quiet, private, well-lit room, with children and pets looked after.
• Dress as you would for court and sit where your face is clearly visible.
• Mute yourself when you are not speaking and never talk over the judge or the other side.
• Keep your documents organized and easy to find, with a pen and paper nearby.
• Do not record the hearing unless the court has clearly allowed it.

Get help before the hearing day

Judges and court staff cannot give legal advice, so you need to look elsewhere for it. Legal Aid Ontario provides family duty counsel lawyers at courthouses, in person and virtually. They can review your forms and explain the law, but they cannot represent you in your court case. Duty counsel and advice counsel at family courthouses may give 20 minutes of free advice, whether or not you are eligible for legal aid.

Family Law Information Centres are free services across Ontario that give information on separation, divorce and related issues, including court processes. Their coordinators do not give legal advice. Availability of these services varies by courthouse, so check with the court office.

Free on-site mediation is available at family courts on the day a matter is scheduled for court. If you are a victim of domestic violence, a Family Court Support Worker may explain the process, help you prepare and help with safety planning. Safety planning matters for video hearings too, so raise any concern about the other party being nearby or able to hear you.

What to do next

• Reread your court notice and note the date, time and joining instructions.
• Confirm your deadlines for serving and filing documents.
• Contact duty counsel, a Family Law Information Centre or a lawyer if you need advice.
• Do a test run of your technology a day or two ahead.
• Have a backup plan, such as a phone number for the court office, if your connection fails.

Frequently asked questions