What to Expect at a First Court Appearance in Ontario Family Court

Going to family court for the first time can feel overwhelming, especially when you are not sure what happens at each step. Knowing the general order of events makes the process easier to follow.

This article walks through the early stages of a family case in Ontario, including the information session, the case conference and what to prepare. Details vary by courthouse, so check local practices before you go.

Where your case starts

Generally, you start the case in the municipality where you or your spouse lives. If parenting time or decision-making responsibility is involved, the municipality where the children live may apply instead. The Family Court Branch of the Superior Court of Justice sits in 25 locations, including Barrie, Lindsay and Peterborough, and all family law issues can be heard there.

Outside those locations, you start in either the Superior Court of Justice or the Ontario Court of Justice, depending on the claims. The Ontario Court of Justice does not hear divorce or property claims.

The application and the response

A family case starts with an application (Form 8, 8A or a joint application). The respondent has 30 days to serve and file an Answer (Form 10), or 60 days if they live outside Canada and the United States. The applicant has 10 days to file a Reply (Form 10A).

Financial statements are Form 13 for support claims or Form 13.1 for property or debt claims. A first appearance before the clerk is required only at a Unified Family Court branch, where the clerk usually sets a case conference date.

The Mandatory Information Program

The required early step is the Mandatory Information Program, where parties learn about dispute resolution options. Parties must attend a session before their first appearance or case conference, and no later than 45 days after the case starts.

You do not need to attend if any of these apply:

• You already attended a session for this or another case.
• You agree on all matters.
• The case involves only divorce, costs, an existing agreement or order, or family arbitration.
• It is a motion to change a final order for child or spousal support only.

A judge can also excuse attendance if your circumstances are urgent or attending would cause you hardship. Family Law Information Centres can help with rescheduling a session.

The case conference and what follows

After the pleadings, a case moves through a case conference (8-page brief limit), a settlement conference (12-page brief limit), a trial management conference and then trial. The court guide gives no fixed timelines for these steps, so how long each takes depends on the court site, workload and the number of conferences.

Think of the early conferences as meetings to narrow the issues and explore settlement, not as the place where you tell your whole story. Keep any written brief within the page limits.

What to bring and what to do next

• Your court papers, including the application, Answer and any Reply.
• Your financial statement, Form 13 or Form 13.1, as it applies to your claims.
• Your Mandatory Information Program proof of attendance, if you attended.
• Any existing agreement or order, and records of income, debts and property.
• A short list of the issues you want to resolve and what you could agree on.
• Notes on any safety concerns, which you should raise with the court and a lawyer.

Check ontariocourts.ca for current local procedures and addresses, and consider speaking with a lawyer before the conference. Family Law Information Centres give information on separation, divorce and court processes.

Frequently asked questions