First Appearance in Ontario Family Court: What Happens and Who Gets One

You have filed a family application, or someone has served you with one, and you keep hearing about a "first appearance." It is the first time your case comes in front of the court, and it is mostly about housekeeping rather than deciding anything.

Whether you get one depends on the court and on what you are asking for. This article explains who gets a first appearance, what happens there, and what needs to be done before and after it.

Who gets a first appearance

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. The applicant is the person who starts the case, and the other party is the respondent.

There is an exception. This does not apply where the applicant seeks a divorce or makes property claims.

There is a second exception. The Superior Court of Justice does not schedule a first appearance when an application is issued, and the party must book a case conference instead. Which court hears your case depends on what you are claiming, so it is worth confirming this early.

What happens at the first appearance

At the first appearance in the Ontario Court of Justice, the parties meet a court clerk or a judge. Under rule 40(4), the clerk checks that documents have been served and filed, refers the parties to information and to alternatives such as mediation, and schedules a case conference.

In plain terms, this is a checkpoint. Nobody is deciding who is right. Whether the appearance is in person or virtual varies by Ontario Court of Justice region and can change through scheduling notices, so check your court's notice before the date.

What to do before the date

The applicant starts the case by filing an application. The general application is Form 8, and a divorce-only case with no property or support claims uses Form 8A. With it, the applicant files a Continuing Record with a Table of Contents.

• Form 35.1, sworn before a commissioner for taking affidavits, if you claim parenting orders.
• Financial disclosure if the case involves child support, spousal support or property.
• Special service of the application by someone other than the applicant who is at least 18, followed by Form 6B (Affidavit of Service) filed with the court that issued the application.
• Attendance at the Mandatory Information Program no later than 45 days after the case is started, for cases started after August 31, 2011.

The program has exceptions. It does not apply to parties in cases proceeding on consent, parties whose only claims are for a divorce, costs, or incorporating an agreement or prior order, parties who have already attended a program, and several other groups.

If you are the respondent

A respondent served with an application in Canada or the United States has 30 calendar days to serve and file an answer on Form 10. If you were served outside Canada and the United States, the time is 60 days.

In your answer you set out your position and can make your own claims. If you claim decision-making responsibility or parenting time, you also file Form 35.1, and if support or property is in issue, you also file financial disclosure.

If you do not serve and file an answer, you are not entitled to further notice of steps in the case, except service of the order, and you are not entitled to take part. The court may deal with the case in your absence, and a date may be set for an uncontested trial.

What comes next and what to do now

In each case in which an answer is filed, a judge must conduct at least one conference. A case conference explores the chances of settling, identifies the issues in dispute, ensures disclosure, and sets the next step and a timetable.

• Check which court your case is in and whether it has a first appearance date.
• Confirm the date, time and whether it is in person or virtual.
• Make sure the application, Continuing Record and any needed Form 35.1 and financial disclosure are filed.
• Confirm service was done properly and Form 6B is filed.
• Register for the Mandatory Information Program if it applies to you.
• Note your answer deadline if you are the respondent.
• Speak with a lawyer or a Family Law Information Centre if you are unsure what applies.

Family Law Information Centres give free court forms and general information about procedure, though staff give information, not legal advice. A lawyer can confirm which steps apply to your situation.

Frequently asked questions