Family Court in Peterborough: Where to File and What to Expect in Ontario

If you live in or near Peterborough and your relationship has ended, you may wonder which court to go to and what happens once you file. The answer is simpler here than in many parts of Ontario, because Peterborough has a Family Court branch.

This article explains how the court is organized, how a case starts, and the early steps. Courthouse addresses and local practices change, so check ontariocourts.ca and ontario.ca/locations/courts for current details before you go.

Which court hears family cases in Peterborough

The Family Court Branch of the Superior Court of Justice (Unified Family Court) sits in 25 locations, including Peterborough, Lindsay and Barrie. All family law issues can be heard there. That includes divorce, property division, parenting, and child and spousal support.

If you were in a place without a Family Court branch, you would start in either the Superior Court of Justice or the Ontario Court of Justice, depending on the claims. The Ontario Court of Justice does not hear divorce or property. In Peterborough, one court can deal with all of it.

Where to file

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. If you live in Peterborough, or your children do, this is often the natural place to start, but the right location depends on your facts and is worth confirming.

How a case starts and the first steps

A family case starts with an application, which is Form 8, Form 8A or a joint application. The other person is the respondent. They have 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).

Financial statements are Form 13 for support claims and Form 13.1 for property or debt claims. A first appearance before the clerk is required only at a Unified Family Court branch, where the clerk usually sets a case conference date. Because Peterborough is a Unified Family Court location, expect this step.

• Application filed and served on the other person.
• Answer due within 30 days, or 60 days if they live outside Canada and the United States.
• Reply, if needed, within 10 days.
• First appearance before the clerk, who usually sets a case conference date.

The Mandatory Information Program and mediation

Ontario's family court guide does not make mediation mandatory before a family court case. The required early step is the Mandatory Information Program (MIP), where parties learn about dispute resolution options. You must attend a MIP session before your first appearance or case conference, and no later than 45 days after the case starts.

You may not need to attend if you already attended a MIP for this or another case, you agree on all matters, the case involves only divorce, costs, an existing agreement or order, or family arbitration, or it is a motion to change a final order for child or spousal support only. A judge can also excuse attendance if your circumstances are urgent or attending would cause you hardship.

If you want to try mediation, court-connected mediation is free on-site on your court day. Off-site mediation fees use a sliding scale based on income and dependants; for example, someone earning under $60,000 may pay $5 to $105 per hour. These fees can change. Family Law Information Centres can help with mediation referrals and MIP rescheduling.

What comes after, and what to do next

After the pleadings, a case moves through a case conference, with an 8-page brief limit, then a settlement conference, with a 12-page brief limit, then a trial management conference and then trial. The court guide gives no fixed timelines for these steps. How long your case takes depends on the court site, its workload and the number of conferences, so plan for it to take time.

• Confirm which municipality applies to you and your children.
• Check the current Peterborough courthouse address, hours and any local practice directions on ontariocourts.ca.
• Book your MIP session early so you meet the 45-day deadline.
• Gather income records and a list of property and debts for your financial statement.
• If safety is a concern, call the Victim Support Line at 1-888-579-2888.
• Speak with a lawyer before filing, especially if children, property or support are in dispute.

Frequently asked questions