How a Family Court Case Works in Ontario, Step by Step

If you are about to file for a family court case, or you have just been served, the process can feel like a maze of forms and unfamiliar names. It helps to see the whole path first: who starts the case, how the other person answers, what the conferences are for, and where a trial fits.

This article walks through the usual sequence in Ontario. Every case is different, and some steps change depending on the court, the region and the issues, so use this as a map and not as a prediction of your own case.

Step 1: Choosing where to start

The Family Law Rules say their main objective is to let the court deal with cases justly. As a general rule, a family case must be started in the municipality where a party lives. A case about decision-making responsibility, parenting time or contact must be started where the child habitually lives, with some exceptions.

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 cases, and it has 25 locations. Outside those locations, the Superior Court of Justice hears divorce, property, parenting and support matters, while the Ontario Court of Justice hears parenting, support, adoption and child protection but not divorce or property division.

Step 2: The application and service

A case starts when a person files an application. That person is the applicant, and the other party is the respondent. The general form is Form 8, while a divorce-only case with no property or support claims uses Form 8A.

• A Continuing Record with a Table of Contents is filed with the application.
• Form 35.1 is added if parenting orders are claimed.
• Financial disclosure is added if the case involves child support, spousal support or property.

The application must then 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). There is no fee to file documents at the Ontario Court of Justice, while Superior Court of Justice filings may require a fee, and a waiver may be available.

Step 3: The answer

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. In the answer, the respondent sets out their position and can make their own claims.

If no answer is filed, the respondent is not entitled to further notice of steps in the case (apart from service of the order) and cannot take part. The court may deal with the case without them, and a date may be set for an uncontested trial. That is why a served document should never be ignored.

Step 4: Early appearances, information and conferences

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, except where divorce or property claims are made. In the Superior Court of Justice, no first appearance is scheduled and the party must book a case conference.

Most parties must also attend the Mandatory Information Program within 45 days after the case is started, although there are exceptions, such as cases proceeding on consent or those where the only claims are for divorce.

Once an answer is filed, a judge must conduct at least one conference. The usual stages are a case conference, a settlement conference and a trial management conference, each with its own purpose. A judge at a conference can order disclosure, set timelines and make consent or unopposed orders.

Step 5: Temporary orders, settlement and trial

If you need a temporary order, you ask for it by motion on Form 14 and Form 14A. In general, no motion may be heard until a conference dealing with the main issues has been completed, but this does not apply where the court finds urgency or hardship, and certain motions are exempt.

Many cases settle along the way. If your case is a divorce proceeding, the Divorce Act says that, to the extent it is appropriate, the parties must try to resolve the matters through a family dispute resolution process outside court, such as negotiation, mediation or collaborative law. A legal adviser must encourage this unless the circumstances, such as family violence, make it clearly inappropriate. If the case does not settle at the settlement conference, witnesses are identified and a trial is scheduled. The trial management conference then checks who will testify and what evidence will be presented.

What to do next

• Confirm which court and municipality your case belongs in.
• Write down every date you are given, including your answer deadline.
• Gather income, expense and asset records early, since disclosure is required in support and property cases.
• Visit a Family Law Information Centre for forms and general procedure information; staff give information, not legal advice.
• Speak with a lawyer before you file or answer, particularly if there are children, property or safety concerns.

Frequently asked questions