The Mandatory Information Program in an Ontario Divorce

If you have started or been served with a contested family case, you will probably hear about the Mandatory Information Program, often called the MIP. It can feel like one more hurdle at a stressful time, and people often wonder whether they really have to attend.

This article explains in plain terms what the MIP is, who has to go, the situations where you do not, and what to do if the date does not work for you.

What the MIP is

The Mandatory Information Program is the first step in a family court case. It is an information session.

It is offered at family court locations or online through providers. Which option is available to you can depend on where your case is.

Who has to attend

Both parties must attend, whoever started the case. That means the person who filed the application and the person who responded are both expected to complete it.

There are exceptions. You do not have to attend if any of the following applies:

• Both parties consent to the order sought.
• The only claims are for divorce, costs, or an order based on an existing agreement or order.
• You have already attended.

If your case is a simple divorce with no other claims, the MIP is generally not required. If you are also claiming things like parenting time, support or property, the exception for divorce-only claims will not apply. Check your own situation with a lawyer or the court if you are unsure.

Where the MIP fits in a contested case

A contested case is one where the spouses do not agree on some or all issues. After an application is filed and served, the respondent's answer deadline is 30 days after service, or 60 days if the respondent is outside Canada and the United States. The MIP is the first step in the process, so you should deal with it early rather than leaving it until later.

Registering, rescheduling and related help

The details of how to register, how much a session costs and any deadline to complete it can depend on the court location and the provider. Rather than rely on what a friend or a website tells you, follow the instructions you received with your court documents or ask the court staff at your location.

If the date you were given does not work, Family Law Information Centres can help reschedule the MIP. Do this as early as you can instead of simply missing the session.

Courthouses also offer free mediation on the court date for parenting, support and property issues. Low-cost off-site mediation is available on a sliding scale based on income and number of dependents. These services are separate from the MIP but may be useful in a contested case.

What to do next

• Read the papers you received and note the MIP instructions and any dates.
• Find out whether your case is at a court location that offers the session in person or online.
• Check whether an exception applies to you, such as divorce-only claims.
• If the date is a problem, contact a Family Law Information Centre about rescheduling.
• Mark your answer deadline if you were served: 30 days after service in most cases.
• If you are low-income, ask about fee waivers for court filing fees, which require a sworn or affirmed form.

If your case is urgent or involves safety concerns, speak to a lawyer promptly rather than waiting for the MIP.

Frequently asked questions