Parenting Case Conference in Ontario: What to Expect at the First Step

Getting a court date for a parenting dispute can feel intimidating. Many parents picture a courtroom trial with witnesses, but a case conference is usually the first time you speak to a judge about the issues.

This article explains what a case conference is for, what forms and deadlines apply, and how to prepare. Practice varies between the Ontario Court of Justice and the Superior Court, including Family Court branches, so check your court's local instructions.

Where the case conference fits

Before a case conference, both parties generally must attend the Mandatory Information Program as the first step in a family court case, whoever started it. You must attend a session before your first appearance or case conference, no later than 45 days after the case is started. Sessions may be online or at the courthouse, and last one hour without children and two hours with children. A judge can make an order against a party who does not attend.

There are exceptions, including cases where both parties agree to the order requested, cases about only divorce, costs, or an order based on an existing agreement or order, and where the person has already completed the program. How these are applied may differ by courthouse, so confirm with your court.

The case conference is usually the first time you speak to a judge about the issues. If issues remain unresolved, a judge may later schedule a settlement conference, and a trial management conference follows when the parties likely cannot resolve their issues.

What the case conference is for

The purposes include discussing the chances of settling, identifying which issues can and cannot be resolved, and setting a date for next steps. You must attend every conference, and your lawyer must attend with you if you have one.

At the conference the judge may give suggestions, ask the parties to talk outside the room, or make orders such as an order based on an agreement, an order to exchange documents, or an order for next steps. The judge may refer the parties to mediation only if both agree.

The judge is not deciding the whole case at this stage. Any final decision on parenting will focus on the child's best interests, with primary consideration to the child's physical, emotional and psychological safety, security and well-being. Think of the conference as a chance to narrow the issues and move forward.

Forms and deadlines

The forms you prepare for a conference include Form 17A (Case Conference Brief), Form 17 (Conference Notice) and Form 17F (Confirmation of Conference). For settlement conferences, Form 17C (Settlement Conference Brief) includes time needed for trial and your offer to settle. If property claims are involved, Forms 13B and 13C are also needed.

The Form 17A brief is not included in the Continuing Record unless the judge orders otherwise. Conference discussions and settlement offers generally cannot be used as evidence later. That makes the conference a safer place to explore compromise, though you should still be honest and careful about what you say.

Other things that may come up

• Mediation: Ontario family justice services include free on-site courthouse mediation on the day of court.
• Dispute Resolution Officer program: early case conferences with experienced family lawyers, in 13 locations.
• Combined conferences: after the parties tried government-funded or otherwise qualified family mediation, or a legal aid settlement conference, a judge may order a combined case conference and settlement conference, with conditions including screening for power imbalances and domestic violence and a Form 17G certificate from each party.
• Children's voice: the Office of the Children's Lawyer may assign a lawyer for the child (usually older children and youth) or a clinician who reports to the court (generally for children under ten), but it does not decide best interests; the court does.
• Urgent matters: an emergency or urgent motion may not need a case conference first.

If you want the Office of the Children's Lawyer involved, you can ask the judge for an order at the next appearance or bring a Rule 14 motion, or the judge can request it. Intake forms are due within 14 days of the order, and the OCL may decline, for example if an assessment was completed in the past year.

How to prepare and what to do next

Preparation is mostly about clarity. The judge wants to know what you agree on, what you do not, and what you are asking for. Children's views carry weight depending on age and maturity, but Justice Canada advises against asking children to choose a parent, so focus the discussion on what matters to the child.

• Confirm the date, time and whether your conference is online or in person with the court.
• Complete the Mandatory Information Program if you have not already, within 45 days after the case is started.
• Prepare and serve your conference forms by the deadlines.
• File Form 17F by 2:00 p.m. three business days before.
• Update any financial statement more than 30 calendar days old.
• Write a short list of issues: what is agreed, what is not, and what you propose.
• Think about a realistic offer and a plan for parenting time you could accept.
• Get advice from a lawyer. Unbundled services and Legal Aid Ontario may help with cost.

Frequently asked questions