Family Court Fees in Ontario: Can They Be Waived?

Starting or answering a family case can feel expensive before you even reach a judge. If money is tight, one of the first questions is whether the court will charge you to file your papers, and whether that charge can be waived.

The answer depends on which court your case is in. This article explains where fees may apply, what is known about waivers, and where to get practical help.

Which court you are in matters

There is no fee to file documents at the Ontario Court of Justice. Filings in the Superior Court of Justice may require a fee, but a fee waiver may be available.

So the first step is to work out where your case belongs. Outside Family Court Branch locations, the Ontario Court of Justice hears parenting, child and spousal support, enforcement of support, adoption and child protection, but it does not hear divorce or property division. Divorce, division of family property and claims about the family home go to the Superior Court of Justice outside those locations.

The Family Court Branch of the Superior Court of Justice is the only court in Ontario that can hear all types of family law cases, and it has 25 locations. Because it is part of the Superior Court of Justice, fees and waivers there are a question to confirm with the court office.

What a fee waiver means in practice

There is no fee to file documents at the Ontario Court of Justice, but filings in the Superior Court of Justice may require a fee, and a fee waiver may be available. Whether you qualify depends on your income and circumstances, and the exact test, the form to use and the supporting documents are best confirmed with the court office or a Family Law Information Centre before you file.

Be careful not to assume a waiver will be granted. Plan for the possibility that you will be asked to show your financial situation, and keep your income records handy.

Where to get forms and help

Family Law Information Centres at family courts give free court forms and general information about procedure, especially to people without a lawyer. They also give information about mediation and referrals. Their staff give information, not legal advice.

Low-income people may get free legal advice at court from Legal Aid Ontario advice lawyers and duty counsel. The Law Society Referral Service can give you the name of a lawyer.

Other costs to expect

Filing fees are only one part of the cost. A case starts with an application, usually Form 8: Application (General), or Form 8A: Application (Divorce) for a divorce-only case. The application must be served by special service, carried out by someone other than the applicant who is at least 18.

If you are claiming support or property, you will also need financial disclosure. Gathering these documents takes time but usually costs little.

What to do next

• Decide which court your case belongs in, based on the claims you are making.
• Contact the court office or a Family Law Information Centre and ask whether a fee applies and whether a waiver is available.
• Collect proof of your income and expenses.
• Ask about free legal advice from duty counsel or a Legal Aid Ontario advice lawyer if you qualify.
• Speak with a lawyer if you are unsure which court or forms are right for you.

Frequently asked questions