Family Law in Peterborough: Which Court Hears Your Case

Separation brings a pile of questions at once: who decides where the children live, what happens to the house, and whether anyone has to pay support. If you live in or near Peterborough, one of the first practical questions is simply which court handles your case.

This article explains in general terms how Ontario's family courts are organized, what Peterborough residents can expect, and what to think about before you file anything. It is general information, not advice on your situation, and a lawyer can confirm how it applies to you.

The family court that serves Peterborough

The Family Court Branch of the Superior Court of Justice sits in 25 locations in Ontario, and Peterborough is one of them. 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.

That matters because Ontario has two levels of court that deal with family issues, and they do not hear the same things. The table below shows the difference.

Where your 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.

If you and your spouse now live in different places, or the children live somewhere else, the right starting point is not always obvious. If you are unsure, the Ontario government suggests calling the family court office in your area. Local addresses, hours and filing counters are best confirmed on the Ontario courts website or by phone rather than from memory.

Married or common-law: which rules apply

The federal Divorce Act applies to married spouses only. A divorce is granted on breakdown of the marriage, which is established when the spouses have lived separate and apart for at least one year immediately before the divorce is decided. A court in Ontario can hear a divorce if either spouse has been habitually resident in the province for at least one year before the proceeding starts.

Property rules also differ. Married spouses must generally split property acquired during the marriage equally when it ends, and the family home is shared at full value even if it was owned before the marriage, gifted or inherited. Common-law couples are not legally required to split property acquired while they lived together, although a partner who contributed to property the other owns may have a right to part of it.

• Married: divorce, equalization of property and the Divorce Act rules on parenting and support can all be in play.
• Common-law: no automatic property split, but a contribution claim may be possible, and a court application may be needed.
• Both: parenting and child support questions still need to be sorted out, usually under the Ontario family statutes and the Guidelines.

Parenting, support and property: what to think about early

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

The Divorce Act also asks parties to try, to the extent appropriate, to resolve matters through a family dispute resolution process. Mediation or negotiation can happen before or alongside a court case.

On child support, the court can order extra amounts for certain special or extraordinary expenses, such as child care costs, health-related costs over insurance by at least $100 annually, and post-secondary education. These are generally shared in proportion to each spouse's income, after deducting any contribution from the child.

Property claims have a time limit. To have a court decide an equalization payment, you must apply within six years from the day of separation or two years from the day the divorce is final, whichever comes first.

What to do next

• Write down your date of separation and where you and your spouse each live now.
• Confirm whether you were married or common-law, since that changes the law that applies.
• Gather income records, bank and debt statements, and details of property and the family home.
• Note where the children live and the schedule they follow now.
• Call the family court office in your area if you are unsure where to start.
• Consider mediation or another dispute resolution route, and speak with a lawyer about deadlines such as the equalization limit.

Frequently asked questions