Family Law in Barrie: Simcoe County Court Steps and Filing

If you are separating in Barrie or elsewhere in Simcoe County, you probably want a clear picture of which court to use, how to get a case started, and what the process looks like once it is under way.

This article covers the general structure of Ontario's family courts, how to decide where to file, and several rules about parenting and support that often come up later, such as relocation and changing an order. It is general information, and a lawyer can confirm how it applies to you.

Which court to use in Barrie

Barrie is one of the 25 locations with a Family Court Branch of the Superior Court of Justice, and residents of those locations go to their local Family Court Branch. It is the only court in Ontario that can hear all types of family law cases.

If your only issue is, for example, child support, more than one court may be able to hear it. If you also need a divorce or a property decision, the Superior Court of Justice is the one that can deal with it. A lawyer can help you choose the best fit for your mix of issues.

How and where a case starts

A family case usually starts in the municipality where you or your spouse lives. For parenting time or decision-making matters, it may instead start where the children live. This comes from Rule 5 of the Family Law Rules.

For a divorce, an Ontario court can hear it if either spouse has been habitually resident in the province for at least one year before the proceeding starts. Breakdown of the marriage is established when the spouses have lived separate and apart for at least one year immediately before the divorce is decided.

Parents applying about parenting time or decision-making use Form 8, Form 35.1 and, if relevant, Form 35.1A. For anything beyond that, the forms depend on what you are asking for, so confirm them with the court office or a lawyer. If you are unsure where to start, call the family court office in your area.

Parenting plans, relocation and dispute resolution

Under the Divorce Act, parenting time may be allocated by schedule and decision-making responsibility may be allocated in whole or in part. The court must include a parenting plan submitted by the parties in the order unless it is not in the child's best interests. An informal plan can be difficult to enforce.

Moves matter in a region where families may live in different towns. A person with parenting time or decision-making responsibility who intends to relocate must give notice at least 60 days before the expected date of the move. Plans that cover moves and travel should address this up front.

The Divorce Act also asks parties to try, to the extent appropriate, to resolve matters through a family dispute resolution process. One route is collaborative family law, where both parties and their lawyers agree not to go to court. If no agreement is reached you can still go to court, but you will need to hire a different lawyer.

Child support, extra expenses and changing an order

Beyond the basic table amount, a court may order certain extra expenses to be covered, in whole or in part. These include child care costs, the child's share of medical and dental insurance premiums, extraordinary school or extracurricular expenses, and post-secondary education. The court considers whether the expense is necessary for the child's best interests and reasonable in relation to the family's means and pre-separation spending pattern. These expenses are generally shared in proportion to income.

In some cases a court may award an amount different from the table amount if a spouse or child would otherwise suffer undue hardship. Examples include unusually high debts reasonably incurred to support the family before separation, and unusually high expenses of exercising parenting time. Even then, the request must be denied if the claiming spouse's household would have a higher standard of living than the other's after the table amount is set.

A court may vary, rescind or suspend an order, retroactively or prospectively. Before varying child support, it must be satisfied that a change of circumstances as provided for in the guidelines has occurred. Where the amount includes a table determination, that means any change that would result in a different child support order.

What to do next

• List the issues you need decided: divorce, parenting, support, property or the family home.
• Note the date you separated and how long each of you has lived in Ontario.
• Gather income, debt and expense records, including child-related costs such as child care and activities.
• Write down the current parenting schedule, and think about whether a written parenting plan would help.
• Call the family court office in your area to confirm where and how to file.
• Speak with a lawyer about your options, including mediation, and about deadlines such as the equalization limit of six years from separation or two years from the final divorce, whichever is first.

Frequently asked questions