How to Start a Family Court Case in Ontario: Application Steps

Starting a family court case for the first time can feel like a maze of forms and deadlines. Knowing the order of the steps makes it much easier to take them one at a time.

This article walks through the usual sequence in Ontario, from picking the right place and form to serving the other side and getting a court date. Details can vary by courthouse, so confirm local practice.

Step 1: choose the municipality and court

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, except as provided under s. 22 of the Children's Law Reform Act.

• Agreement: a case may be started in a municipality chosen by all parties, but only with the court's advance permission given in that municipality.
• Urgent danger: if a child may immediately be removed from Ontario, or a child's or party's health or safety is in immediate danger, a party may start a case and have a motion heard in any municipality, and it is then transferred unless the court orders otherwise.

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. It has 25 locations, and people living in one of those areas go to their local branch. Elsewhere, the Superior Court of Justice hears divorce, property, the family home, parenting and support, while the Ontario Court of Justice hears parenting, support, adoption and child protection but not divorce or property division.

Step 2: pick the form and gather documents

The general application is Form 8: Application (General). A divorce-only case with no property or support claims uses Form 8A: Application (Divorce). For a divorce, either spouse must have been habitually resident in the province for at least one year immediately before the proceeding starts.

With the application, you file a Continuing Record with a Table of Contents. Add Form 35.1 if you claim parenting orders, and financial disclosure if the case involves child support, spousal support or property.

A party making a claim for support, property or exclusive possession of the matrimonial home must serve and file a financial statement, Form 13 or 13.1. Form 13 (Support Claims) is used where support is claimed with no property claim and no claim for exclusive possession of the matrimonial home, while Form 13.1 (Property and Support Claims) is used whenever there is a property or exclusive-possession claim. 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, no financial statement is required.

Step 3: file and pay any fee

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.

Step 4: serve the other party

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. The respondent then generally has 30 calendar days to serve and file an answer if served in Canada or the United States, or 60 days if served elsewhere.

In Form 10: Answer, the respondent sets out their position on your claims and can make claims of their own. If a respondent does not serve and file an answer, they are not entitled to further notice of steps in the case (except service of the order under rule 25(13)) or to take part in it, and the court may deal with the case in their absence.

Step 5: court dates and what to do next

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 not where the applicant seeks a divorce or makes property claims. The Superior Court of Justice does not schedule a first appearance; the party must book a case conference instead. Each party must also attend the Mandatory Information Program no later than 45 days after the case is started, with some exceptions such as cases proceeding on consent or divorce-only claims.

In each case in which an answer is filed, a judge must conduct at least one conference, though a case conference is optional in child protection cases. A case conference can explore the chances of settling the case, identify the issues in dispute, ensure disclosure and set a timetable.

• Confirm which court and municipality apply to you.
• Choose Form 8 or Form 8A.
• Prepare the Continuing Record, Form 35.1 and financial disclosure if needed.
• Arrange special service by an adult who is not you.
• File Form 6B after service.
• Book or note your first court date and the information program.

Family Law Information Centres give free forms and general information but not legal advice. A lawyer can confirm the most suitable route for your facts.

Frequently asked questions