Filing a Family Court Application in Ontario: Form 8 Guide

If you are starting a family court case without a lawyer, the first step is the application. It sets out what you are asking the court to decide, so it is worth getting right before you file.

This guide walks through choosing the form, choosing the court, what to attach, serving the other side and what typically happens next. Court practice varies by location, so check with your courthouse for local details.

Which form to use

A family case starts when a person files an application form. Rule 8 of the Family Law Rules governs how to start a case. The person who starts it is the applicant and the other party is the respondent.

The general family application is Form 8: Application (General). A divorce-only case with no property or support claims uses Form 8A: Application (Divorce). For a joint divorce, both spouses sign and date Form 8A and bring four copies to the courthouse.

Where to file

As a general rule, a family case must be started in the municipality where a party resides. There are exceptions:

• Cases about decision-making responsibility, parenting time or contact must be started where the child habitually resides, except as provided under s. 22 of the Children's Law Reform Act.
• A case may be started in a municipality chosen by all parties, but only with the court's advance permission given in that municipality.
• If there is immediate danger of a child being removed from Ontario, or to a child's or party's health or safety, a party may start a case and have a motion heard in any municipality, and it is then transferred unless the court orders otherwise.
• Child protection and adoption cases start in the municipalities set by the Child, Youth and Family Services Act, 2017.

The court matters too. The Family Court Branch of the Superior Court of Justice is the only court in Ontario that can hear all types of family law cases, with 25 locations. Outside those locations, the Superior Court of Justice hears divorce, property, family home, parenting and support claims, while the Ontario Court of Justice hears parenting, support, enforcement, adoption and child protection but not divorce or property division. For a divorce, either spouse must have been habitually resident in the province for at least one year immediately before the proceeding starts.

What to file with the application

With the application, you file a Continuing Record with a Table of Contents. Depending on your claims, you add more:

There is an exception: if the only support claim is child support in the table amount under the Child Support Guidelines, and there is no property or exclusive-possession claim, you are not required to file a financial statement. Where one is needed, it is a party making a claim for support, property or exclusive possession who must serve and file it.

On filing fees, there is no fee to file documents at the Ontario Court of Justice. Filings in the Superior Court of Justice may require a fee, but a fee waiver may be available. Confirm the current amount with the court office.

Serving the other side and what happens next

The application must be served by special service, carried out by someone other than you who is at least 18. After service, you file Form 6B (Affidavit of Service) with the court that issued the application.

At the Ontario Court of Justice or the Family Court Branch, the clerk usually gives the applicant a first appearance date when the application is issued, but this does not apply where the applicant seeks a divorce or makes property claims. The Superior Court of Justice does not schedule a first appearance when an application is issued, so you must book a case conference instead.

Each party must attend the Mandatory Information Program no later than 45 days after the case is started, in cases started after August 31, 2011. It does not apply to several groups, including parties in cases proceeding on consent and parties whose only claims are for a divorce, costs, or incorporating an agreement or prior order.

A respondent served in Canada or the United States has 30 calendar days to serve and file an answer on Form 10. If served outside Canada or the United States, they have 60 days. If they do not answer, they are not entitled to take part in the case or to further notice of steps in it, except service of the order under rule 25(13). The court may deal with the case in their absence, and a date may be set for an uncontested trial.

What to do next

• Decide whether you need Form 8 or Form 8A.
• Confirm the right municipality and court for your claims.
• Complete the Continuing Record and any Form 35.1 or financial disclosure.
• Arrange for someone else aged 18 or over to serve the application.
• File Form 6B after service.
• Diarize the 45-day Mandatory Information Program deadline if it applies.

Family Law Information Centres give free court forms and general procedural information, but not legal advice. Low-income people may get free legal advice at court from Legal Aid Ontario advice lawyers and duty counsel. A lawyer can help you check your claims before you file.

Frequently asked questions