Family Court Fees in Ontario: What Court Charges to File

Before you file anything in a family case, it helps to know what the court will charge. Fees depend on which court you are in and on the step you are taking, so a clear list can save you surprises.

This article walks through the filing fees set out by Ontario for family cases, the fees that are not charged, and what to do if the cost is a barrier. Fees change from time to time, so confirm the current amount with the court office before you file.

Which court you are in changes the fees

Family cases in Ontario can be in the Superior Court of Justice (including its Family Court branch) or the Ontario Court of Justice. If your case includes a divorce or property claims, it must be started in the Superior Court of Justice, because the Ontario Court of Justice does not hear divorce cases.

The Ontario Court of Justice charges no filing or listing fees in family proceedings. It charges only for copies and recordings. The Superior Court and Family Court branch do charge filing fees. Which court applies depends on the issues you are claiming, so the fee question usually follows from that choice.

Superior Court and Family Court branch fees

The $10 divorce fee is paid in addition to the other filing fee. If you are asking for a divorce, plan for both amounts.

What about motions and trial?

People often ask for a motion fee or a trial fee. Ontario's fee list shows no separate fee for bringing a motion, and no separate trial record fee. The listed fee that applies when a case is set for trial is the $445.00 charge to place the application on the hearing list.

That does not mean a case costs only the court fees. Lawyer fees and any process server you hire are separate, and copies are charged per page. Commissioners at family court offices will commission documents free. Those other costs are not court filing fees, and they depend on your situation.

When each fee comes up

Each fee goes with a step in the case. The application fee comes at the start, when the person beginning the case files. The answer fee comes when the other person responds, and an answer must be served and filed within 30 calendar days of getting the application if it was served in Canada or the United States, or 60 calendar days if served outside.

The hearing list fee comes later, when the case is being set for trial. If you are unsure whether a fee is due with a particular document, ask the court office before you file.

• Starting a case: application fee, plus the $10 divorce fee if divorce is claimed.
• Responding to a case: answer fee, higher if the answer includes a divorce request.
• Setting the case for trial: hearing list fee.
• Needing a witness at a hearing: summons fee.

Reducing the cost: fee waivers and the child support service

A court fee waiver applies to most fees in your court proceeding from that point forward and also exempts you from family appeal fees. You can qualify if your household income comes mainly from a benefit such as Ontario Works or ODSP, or if your gross annual household income is under $33,100 for 1 person, $49,600 for 2, $57,300 for 3, $68,700 for 4, or $80,200 for 5 or more. You must also have liquid assets under $2,800 and net worth under $11,100.

To apply, use form FW-A-3 if you think you meet the financial requirements, or FW-A 4 if you do not. You swear or affirm it, which is free at the court office, and submit it online, by mail or in person. Applying is free and a separate waiver is needed for each case. It does not cover fees already paid or costs ordered against you.

If you only need to set up or update child support, the Online Child Support Service costs a non-refundable $80 each time, and a fee waiver may be available for it.

What to do next

• Work out which court your issues belong in, since divorce and property claims must go to the Superior Court.
• List the fees for each step you expect, including the $10 divorce fee if it applies.
• Check whether your household income and assets fit the fee waiver limits before you pay.
• Confirm current amounts with the court office, because fees and thresholds change from time to time.
• If your case is complicated, speak with a lawyer about the costs beyond court fees.

Frequently asked questions