- Which documents you file depends on the claims you make, such as parenting, support, property or divorce.
- Whether a given document can go through an online portal, by email or in person can depend on the court and location, so confirm with the court office before you file.
- There is no fee to file at the Ontario Court of Justice, while Superior Court of Justice filings may require a fee that may be waived.
If you are starting or answering a family case in Ontario, one of the first questions is how to get your paperwork to the court. Many people expect a single online system that accepts everything. In practice, the method you can use can depend on the court, the type of document and the location.
This article explains which documents commonly have to be filed, who files them and when, and what to confirm with the court before you submit anything. It does not replace advice about your own case.
Check the filing method first
The Family Law Rules say the primary objective is to enable the court to deal with cases justly. Part of that is getting the right documents to the right court office on time. Whether you can file through an online portal, by email or in person can vary by court and location, and court notices can change.
Before you file, ask the court office for the current method for the specific document you have. Family Law Information Centres at family courts give free court forms and general information about procedure, especially to people without a lawyer, but their staff give information, not legal advice.
Documents that start a case
A family case starts when a person files an application. Rule 8 governs how to start a case, and the person who starts it is the applicant. The other party is the respondent.
- Form 8: Application (General) is the general family application.
- Form 8A: Application (Divorce) is used for a divorce-only case with no property or support claims.
- For a joint divorce, both spouses sign and date Form 8A and bring four copies to the courthouse.
- A Continuing Record with a Table of Contents is filed with the application.
- Form 35.1, an affidavit about decision-making responsibility, parenting time and contact, is added if you claim parenting orders. It is sworn before a commissioner for taking affidavits.
- Financial disclosure is added if the case involves child support, spousal support or property.
Documents after the case starts
The application must be served by special service, carried out by someone other than the applicant who is at least 18. After service, the applicant files Form 6B (Affidavit of Service) with the court that issued the application.
A respondent served in Canada or the United States has 30 calendar days to serve and file an answer on Form 10. If the respondent was served outside Canada or the United States, the time is 60 days. A respondent who claims decision-making responsibility or parenting time also files Form 35.1, and if support or property is in issue they also file financial disclosure.
A party who claims support, property or exclusive possession of the matrimonial home must serve and file a financial statement. Form 13 is used where support is claimed with no property or exclusive-possession claim, and Form 13.1 is used whenever there is a property or exclusive-possession claim. If the only support claim is child support at the table amount and there is no property or exclusive-possession claim, no financial statement is required.
Where and what it costs
As a general rule, a family case must be started in the municipality where a party resides. A case about decision-making responsibility, parenting time or contact must be started where the child habitually resides, subject to section 22 of the Children's Law Reform Act.
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. Ask the court office what applies to your filing.
What to do next
- List which claims you are making, since that decides which forms and disclosure you need.
- Confirm the correct court and municipality for your case.
- Ask the court office how that document may be filed: portal, email or in person.
- Check any deadline that applies to you, such as the time to file an answer.
- Keep proof of service and filing for your records.
- If you are unsure, speak with a lawyer, a duty counsel lawyer or a Family Law Information Centre.
Frequently asked questions
Can I file every family court document online in Ontario?
It depends on the court, the document and the location, and practices can change. Confirm with the court office before you file so you do not miss a deadline.
Do I pay to file family court documents?
There is no fee to file documents at the Ontario Court of Justice. Superior Court of Justice filings may require a fee, but a fee waiver may be available.
Who serves the application?
Special service must be carried out by someone other than the applicant who is at least 18. The applicant then files Form 6B (Affidavit of Service).
How long does the other party have to answer?
A respondent served in Canada or the United States has 30 calendar days to serve and file an answer. If served outside those countries, the time is 60 days.
Sources
- Family Law Rules, O. Reg. 114/99 (e-Laws) — Ontario e-Laws
- Ontario.ca – Guide to procedures in family court — ontario.ca
- Ontario.ca – Guide to procedures in family court: Steps to filing an application — ontario.ca
- Ontario.ca – Guide to procedures in family court: Steps to answering an application — ontario.ca
- Ontario.ca – Guide to procedures in family court: Financial disclosure — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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