Family Court in Lindsay and Kawartha Lakes, Ontario: How Cases Start

If you live in Kawartha Lakes, you may be wondering where your family matter will actually be heard and what it takes to get a case going. Rural distances, work and childcare can make the answer feel important.

This article explains how family cases generally start in Lindsay, how the court is chosen, and what you can do if the courthouse is hard to reach. It is general information and does not replace advice on your situation.

Lindsay is a Family Court branch location

The Family Court branch of the Superior Court of Justice, also known as the Unified Family Court, sits in 25 locations in Ontario, including Lindsay. All family law issues can be heard there.

For you, that means divorce, property, parenting and support can generally be dealt with in the same court rather than being divided up. Peterborough is also a Family Court location, so you may hear it mentioned for nearby matters.

How the court location is chosen

Generally, you start the case in the municipality where you or your spouse lives. If parenting time or decision-making responsibility is involved, the municipality where the children live may apply instead.

Because the children's location can change the answer when parenting is involved, it helps to know where everyone lives before you file. If you and your spouse live in different areas, ask the court office or a lawyer which location applies.

Filing and the early steps

A family case starts with an application (Form 8, 8A or a joint application). The respondent has 30 days to serve and file an Answer (Form 10), or 60 days if they live outside Canada and the United States. The applicant has 10 days to file a Reply (Form 10A).

You will also complete a financial statement: Form 13 for support claims or Form 13.1 for property or debt claims. At a Unified Family Court branch such as Lindsay, a first appearance before the clerk is required, and the clerk usually sets a case conference date.

After the pleadings, a case moves through a case conference (8-page brief limit), a settlement conference (12-page brief limit), a trial management conference and then trial. The court guide gives no fixed timelines for these steps.

If the courthouse is far away

Distance is a real concern in Kawartha Lakes. Some things that may help:

• Family Law Information Centres give information on separation, divorce, alternative dispute resolution and court processes, and help with mediation referrals and rescheduling the Mandatory Information Program.
• Mediation can be used before, during or instead of a court case, and Ontario says it can be faster, cheaper and more private than court.
• You must attend a Mandatory Information Program session before your first appearance or case conference, and no later than 45 days after the case starts. A judge can excuse attendance if your circumstances are urgent or attending would cause you hardship.
• Off-site mediation fees follow a sliding scale based on income and dependants, and court-connected mediation is free on-site on your court day.

Mediation is voluntary, and the mediator does not take sides, make decisions or give legal advice. If there has been abuse or a power imbalance, mediators screen each person separately, and that screening continues throughout. The Victim Support Line is 1-888-579-2888.

What to do next

• Work out where you, your spouse and the children each live, since that affects where the case is started.
• Gather income, debt and asset records for your financial statement.
• Note the date on any documents you were served with, since the Answer deadline is generally 30 days.
• Contact the Family Law Information Centre for information and mediation referrals.
• Check ontariocourts.ca for current local practice directions and courthouse contacts, as they change.
• Talk to a lawyer about your own situation before filing.

Frequently asked questions