Family Law Information Sessions and Mandatory Steps Before Court in Ontario

If you are heading into family court for the first time, it can be hard to tell what is required and what is optional. Many people expect to go straight to a judge, or assume they must try mediation first.

This article walks through the early steps Ontario expects, including the Mandatory Information Program, the forms and deadlines at the start of a case, and the conferences that follow. It also covers how to get ready. Your own situation may change the details, so a lawyer can confirm what applies to you.

Is anything required before a family court case starts?

Ontario's family court guide does not make mediation mandatory before a family court case. The required early step is the Mandatory Information Program, often shortened to MIP, where parties learn about dispute resolution options.

There is a related rule for divorce. Under the Divorce Act, parties to a proceeding must try to resolve matters through a family dispute resolution process, to the extent it is appropriate to do so. That kind of process happens outside court and includes negotiation, mediation and collaborative law.

It will not always be appropriate. Legal advisers must encourage clients to try family dispute resolution unless it would clearly not be appropriate, for example where there is family violence.

The Mandatory Information Program

Parties must attend a MIP session before their first appearance or case conference, and no later than 45 days after the case starts. The session is about learning your options, not about arguing your case.

You may not need to attend. The MIP is not required in these situations:

• You already attended a MIP 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 at family courts across Ontario can help with MIP rescheduling, and they give information on separation, divorce, alternative dispute resolution and court processes.

The steps once a case begins

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

Financial statements are Form 13 for support claims and 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 court guide gives no fixed timelines for these steps, so how long a case takes depends on the court location, its workload and the number of conferences needed.

Choosing where to start and trying other options

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 (Unified Family Court) sits in 25 locations and can hear all family law issues. Outside those locations, you start in either the Superior Court of Justice or the Ontario Court of Justice, depending on your claims.

Mediation can be used before, during or instead of a court case, and Ontario says it can be faster, cheaper and more private than court. It is voluntary, and the mediator is a neutral third party who does not take sides, make decisions or give legal advice. Closed mediation discussions and documents generally cannot be used in court, with limited exceptions such as child safety concerns.

If there is abuse or a power imbalance, mediators screen each person separately at intake to confirm an equal negotiating position, and the screening continues throughout. In collaborative family law, both parties and their lawyers agree not to go to court. If no agreement is reached, a party can still go to court but must hire a different lawyer.

What to do next

• Find out whether the MIP applies to you, and book a session in time if it does.
• Contact a Family Law Information Centre at your local family court for general information and help with mediation referrals.
• Gather income, debt, and property records so you can complete the right financial statement.
• Note the response deadlines on any papers you receive, and keep track of them.
• Think about whether mediation or another out-of-court process is suitable, especially if safety is a concern.
• Speak with a lawyer before filing or responding, so you understand which court and forms fit your claims.

If you are in danger, the Victim Support Line is 1-888-579-2888. Court locations, practice directions and contacts change, so check current details with the court before you go.

Frequently asked questions