Settlement Conference in a Parenting Case in Ontario

If your parenting case has not settled after a case conference, a judge may schedule a settlement conference. It can feel like a mini-hearing, but it is really a structured chance to narrow the issues, test proposals and avoid a trial.

This article explains what the judge does, the forms and deadlines involved, what to have ready, and how offers to settle fit in. Forms and practice vary between the Ontario Court of Justice and the Superior Court, so check the local requirements for your courthouse.

What a settlement conference is for

A judge may schedule a settlement conference after one or more case conferences if issues are still unresolved. The purposes include discussing settlement offers, resolving or narrowing the issues, and identifying the witnesses and evidence that would be needed for trial.

If the parties likely cannot resolve their issues, a trial management conference follows.

The case conference comes earlier. It is usually the first time you speak to a judge about the issues, and you must attend every conference, and your lawyer must attend with you.

What the judge does and does not do

At a 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 setting next steps. The judge can refer you to mediation only if both parties agree.

The judge's suggestions are not a final decision. Any order about a child still turns on the child's best interests, with primary consideration to the child's physical, emotional and psychological safety, security and well-being.

Conference discussions and settlement offers generally cannot be used as evidence later. This lets you explore options more openly, though it is wise to speak with a lawyer about how this applies to your situation.

Forms and deadlines

The key brief is Form 17C, the Settlement Conference Brief, which includes the time needed for trial and your offer to settle. Other forms in the process are Form 17 (Conference Notice) and Form 17F (Confirmation of Conference). If property claims are involved, Forms 13B and 13C are also needed.

Missing these deadlines can cause problems at the conference, so count business days carefully and confirm the dates with the court or a lawyer.

How proposals are made

Your offer to settle is written into the Form 17C brief. A useful offer is specific: a parenting time schedule, how day-to-day and major decisions are handled, and how exchanges and communication work. The law allows parenting time to be set by a schedule, and a parent has exclusive authority over day-to-day decisions during their parenting time.

The law says a child should have as much time with each parent as is consistent with the child's best interests. The factors the court considers include the child's needs and stability, and the child's relationships with each parent.

• Practical schedules, including transportation, and shared time that works best when parents live close together.
• Holidays, vacations, travel outside the province or country, passports and travel consent letters.
• Topics from a standard parenting plan checklist such as communication, school choice, health care, religion and culture, relocation, new partners and how to resolve disputes.
• Any family violence and its impact, which the court must consider.

What happens if you reach agreement

If you agree, parents can ask the court to include the agreement in a consent order, which is simpler when both parties agree. When a parenting plan is submitted, the court must include it in the parenting order unless it is not in the child's best interests, in which case it may modify the plan first.

If only some issues settle, the judge can make an order on the agreed parts and set next steps for the rest. Where parents have tried qualified family mediation or a legal aid settlement conference, a judge may order a combined case conference and settlement conference, with conditions such as screening for power imbalances and domestic violence, financial disclosure, no temporary motions pending or planned, and a Form 17G certificate from each party.

What to do next

• Check the date and calculate your filing deadlines in business days.
• Complete Form 17C with a clear offer and your estimate of trial time.
• Update any financial statement older than 30 calendar days.
• Write out your proposed schedule, holidays, travel and decision-making terms.
• Think about what matters to the children rather than asking them to choose a parent.
• Consider talking to a lawyer before the conference, even for a limited-scope session.

Unbundled (limited-scope) services and Legal Aid Ontario may help if cost is a concern.

Frequently asked questions