How to Start a Family Court Case With Form 8 in Ontario

If you have decided to go to court over a separation, parenting, support or property, the Application is the document that begins the case. Getting it right the first time avoids delays at the clerk's counter.

This article explains which form to use, what to attach, how the court issues it, and what you need to do afterwards. Check the current forms and instructions with the court before you file.

Choose the right court first

If the orders you want include divorce or property issues, you must start your case in the Superior Court of Justice, including the Family Court branch. The Ontario Court of Justice does not hear divorce cases. The Family Court branch is the only Ontario court that can hear all types of family law cases, and it sits in 25 locations, including St. Catharines and Welland.

You usually start in the municipality where you or your spouse lives. If parenting time or decision-making is at issue, you can also start where the children live.

Form 8 or Form 8A?

If you are asking for only a divorce and nothing else, Form 8A is the shorter route. If you are also asking for parenting orders, support or property division, you use the general Form 8.

Attachments that depend on your claims

What goes with your Form 8 depends on what you ask the court for.

• The original marriage certificate, if you are claiming a divorce.
• A signed Form 35.1, if you are claiming parenting time or decision-making responsibility.
• Financial disclosure documents, if the case involves child support, spousal support or property.
• Any prior court orders or Notices of Calculation or Recalculation.

Form 35.1 must be signed before a commissioner for taking affidavits. Commissioners at family court offices will commission documents free, and lawyers, paralegals and notaries can also commission.

Filing and getting the application issued

A court clerk issues the application by signing and dating the original, applying the court seal and giving a court file number. Write the file number in the top right corner of every page of every copy.

In the Superior Court, filing an application costs $214.00, and a divorce claim also requires a separate $10 fee. If cost is a concern, a fee waiver may be available if you meet the financial limits.

The Superior Court does not schedule a first appearance when the application is issued. The applicant is responsible for scheduling the first court appearance, usually a case conference. In St. Catharines, family scheduling covers short motions, long motions, family conferences, DRO conferences and trials, and the family scheduling line is 905-988-2834.

After issuing: serve the other side

An Application (Form 8 or 8A) must be served immediately on every other party. When serving, include the other forms, the respondent's Mandatory Information Program notice if received, and blank response forms such as Form 10 and the financial statement.

You cannot personally serve an Application. An adult friend or family member, or a professional process server, must do it. Our companion article on serving documents covers methods and proof of service.

What to do next

• Confirm that the Superior Court is the right court for the orders you want.
• Choose Form 8 or Form 8A.
• Gather your attachments: marriage certificate, signed Form 35.1, financial disclosure and prior orders, as they apply.
• Have Form 35.1 commissioned before you go to the court office.
• Prepare copies, and write the file number on every page of every copy after issuing.
• Arrange for an adult who is not you to serve the application.
• Contact the court to schedule the first appearance.

If you want advice on what to claim, or you have safety concerns, speak with a lawyer. Family Law Information Centres at courthouses give free information about court processes but do not give legal advice.

Frequently asked questions