Which Family Court Do You Start Your Case In? Ontario Court of Justice vs Superior Court

Before you file a family case in Ontario, you have two decisions to make: which court, and which municipality. Getting either one wrong can cost you time, so it is worth sorting out before you fill in any forms.

This article walks through the three kinds of family court, the rules about where a case must be started, and how your choice affects filing fees and what happens right after you file. It is general information, not legal advice.

If your situation is unusual, a lawyer can confirm where your case belongs.

The three places a family case can be heard

The Family Court Branch of the Superior Court of Justice is the only court in Ontario that can hear all types of family law cases. It has 25 locations, and people living in one of those areas go to their local branch. The list of locations can change, so check whether your municipality is served.

Outside those locations, two other courts share the work. What each one can hear is different, so the table below compares them.

The Superior Court of Justice also hears claims about the family home, trust and unjust enrichment claims, and appeals from family arbitrations. The Ontario Court of Justice also hears enforcement of support under agreements or orders.

Where in Ontario to start: the rule 5 location rules

As a general rule, a family case must be started in the municipality where a party resides. There are several exceptions.

• Cases about children: a case about decision-making responsibility, parenting time or contact must be started in the municipality where the child habitually resides, except as provided under s. 22 of the Children's Law Reform Act.
• Agreement of the parties: a case may be started in a municipality chosen by all parties, but only with the court's advance permission given in that municipality.
• Child protection and adoption: child protection cases start in the municipality set by s. 91(2) of the Child, Youth and Family Services Act, 2017, and adoption applications in the municipality set by s. 203(1) of that Act.

Notice that the parties cannot simply agree between themselves to use a different city. The court's permission has to come first.

Urgent situations and divorce residency

If there is immediate danger that a child may be removed from Ontario, or immediate danger to a child's or a party's health or safety, a party may start a case and have a motion heard in any municipality. Unless the court orders otherwise, the case is then transferred to the proper municipality immediately after the motion.

Divorce has its own residency requirement. Under the federal Divorce Act, a court in a province can hear a divorce proceeding if either spouse has been habitually resident in that province for at least one year immediately before the proceeding starts. If you have recently moved, this timing matters, and a lawyer can help you confirm where you stand.

How your court choice affects fees and first steps

There is no fee to file documents at the Ontario Court of Justice. Filings in the Superior Court of Justice may require a fee, but a fee waiver may be available. Check the current amount with the court office before you file.

What happens right after filing also differs:

• At the Ontario Court of Justice or the Family Court Branch, the clerk usually gives the applicant a first appearance date when the application is issued. This does not apply where the applicant seeks a divorce or makes property claims.
• In Superior Court of Justice cases outside the Family Court Branch, no first appearance is scheduled when the application is issued. The party must book a case conference instead.

Whether appearances are in person or virtual varies by region and can change, so confirm with your courthouse.

What to do next

• List every claim you plan to make: divorce, property, parenting, support, or others.
• Work out where you and the other party live, and where any child habitually resides.
• Check whether your municipality has a Family Court Branch.
• If divorce is involved, confirm that one year of habitual residence in Ontario is met.
• Ask a Family Law Information Centre for forms and procedural information.
• Speak with a lawyer if you are unsure which court fits, or if the situation is urgent.

Family Law Information Centres at family courts give free court forms and general information about procedure, but their staff give information, not legal advice.

Frequently asked questions