Family Lawyers in St. Catharines: Where Cases Are Heard

If you live in St. Catharines and your relationship has ended, one of the first questions is practical: which court will deal with this, and where do you actually go? The answer depends on what you are asking for, such as a divorce, parenting arrangements, support or property.

This article explains how the court system is organized for family cases, what the St. Catharines courthouse handles, and where a lawyer can help along the way. It is general information, not legal advice, and a lawyer can confirm how it applies to your situation.

Which court hears which family issue

Ontario has two main courts for family matters, and they do not hear the same things. The Superior Court of Justice hears divorce, division of family property, family home claims, trust and unjust enrichment claims, and appeals from family arbitrations, as well as parenting, child support and spousal support. The Ontario Court of Justice hears parenting, child and spousal support, enforcement of support, adoption and child protection, but not divorce or property claims.

If your orders include divorce or property issues, you must start in the Superior Court of Justice. The Family Court branch of the Superior Court is the only Ontario court that can hear all types of family law cases, and it sits in 25 locations, including St. Catharines and Welland.

The St. Catharines courthouse

The St. Catharines Superior Court of Justice courthouse is at 59 Church Street, St. Catharines, Ontario L2R 7N8. Its family scheduling covers short motions, long motions, family conferences, DRO conferences and trials, and the family scheduling line is 905-988-2834.

The Dispute Resolution Officer (DRO) program operates at the St. Catharines and Welland Superior Court locations. Family court support workers for abused women are also listed at both locations. If safety is a concern, ask about these supports early.

Which municipality you file in matters too. You usually start a family case where you or your spouse lives, and if parenting time or decision-making is at issue you can also start where the children live. If you and your spouse live in different parts of Niagara, a lawyer can help you think through the options.

How a case moves through the court

A general application is Form 8, filed with a Continuing Record that includes a table of contents. A divorce-only application uses Form 8A, the Continuing Record and the original marriage certificate. Depending on your claims, you may also need a signed Form 35.1 for parenting time or decision-making, and financial disclosure documents if the case involves child support, spousal support or property.

A court clerk issues the application by signing and dating the original, applying the court seal and giving a court file number. The Superior Court does not schedule a first appearance when the application is issued, so the applicant is responsible for scheduling it, usually a case conference.

The application must then be served immediately on every other party. You cannot serve it personally; an adult friend or family member, or a professional process server, must do it. The person who served completes Form 6B, an Affidavit of Service, and swears or affirms it before a commissioner for taking affidavits.

Where a lawyer fits in

You do not have to hand over every task. The Law Society's Limited Scope Services Project lists family lawyers who offer unbundled services, such as attending certain court events, coaching or drafting. That can be useful if you want to run most of the case yourself but have help with the hardest steps.

Courthouse supports can also help. Family Law Information Centres give free information on separation, divorce, family justice services and court processes, but their coordinators do not give legal advice. Legal Aid Ontario duty counsel give family law advice and review court forms, but they cannot represent you in court.

• A lawyer can advise on which court and which forms fit your claims.
• A lawyer can review documents before you swear or file them.
• A lawyer can represent you at conferences, motions and trial, depending on what you agree on.
• If you work with a lawyer under a limited arrangement, confirm in writing which tasks are included.

What to do next

• Write down what you need decided: divorce, parenting, support, property or a mix.
• Note where you, your spouse and the children live.
• Gather your marriage certificate, financial documents and any earlier court orders.
• Call the family scheduling line at 905-988-2834 for scheduling questions.
• Visit a Family Law Information Centre for general information.
• Book an initial meeting with a lawyer to confirm the court and the steps for your case.

Frequently asked questions