- The Family Court Branch is the only court in Ontario that can hear every type of family case, and it has 25 locations.
- Outside those locations, divorce and property claims go to the Superior Court of Justice, and the Ontario Court of Justice does not hear them.
- As a general rule a case starts in the municipality where a party lives, but cases about children follow where the child habitually lives.
Before you can start a family case in Ontario, you have to decide which court to use and which city or town to file in. Choosing wrongly can cost you time, and the answer depends on what you are asking for.
This guide walks through which court hears which claims, the rules about where to file, what the choice means for fees and your first court date, and where to get free help. Your facts matter, so a lawyer can confirm the right place for your situation.
Which court hears which claims
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 confirm that your municipality is served.
If you live outside a Family Court Branch location, the choice is between two courts, and it turns on your claims.
| Court | What it hears outside Family Court Branch locations |
|---|---|
| Superior Court of Justice | Divorce, division of family property, claims about the family home, trust and unjust enrichment claims, appeals from family arbitrations, parenting, child support and spousal support |
| Ontario Court of Justice | Parenting, child and spousal support, enforcement of support under agreements or orders, adoption and child protection. It does not hear divorce or property division |
In practice, if you need a divorce or want to claim property, you need the Superior Court of Justice or the Family Court Branch.
Which municipality to start in
Rule 5 of the Family Law Rules sets out where a case must be started. As a general rule, a family case must be started in the municipality where a party lives. 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.
- Municipality chosen by agreement: a case may be started in a municipality chosen by all parties, but only with the court's advance permission given in that municipality.
- Urgent danger: if there is immediate danger that a child may be removed from Ontario, or immediate danger to a child's or party's health or safety, a party may start a case and have a motion heard in any municipality. The case is then transferred to the proper municipality immediately after the motion unless the court orders otherwise.
- 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 start in the municipality set by s. 203(1) of that Act.
The one-year rule for divorce
Divorce is a federal matter under the 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.
This is separate from the municipality rule. You must meet the residency test to ask for a divorce, and you must also file in the right municipality. If you are unsure whether you meet the one-year test, for example after a recent move, speak with a lawyer before filing.
Fees and your first court date
The court you use affects cost and scheduling. 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. Ask the court office what applies to your filing.
| Court | First step after issuing |
|---|---|
| Ontario Court of Justice or 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 |
| Superior Court of Justice | No first appearance is scheduled. The party must book a case conference instead |
At a first appearance in the Ontario Court of Justice, the clerk checks that documents have been served and filed, refers the parties to information and alternatives such as mediation, and schedules a case conference. Whether appearances are in person or virtual varies by region, so check your court's current notices.
Where to get help and what to do next
You do not have to work this out alone. Family Law Information Centres at family courts give free court forms and general information about procedure, especially to people without a lawyer. They also provide information about mediation and referrals, but their staff give information, not legal advice. Low-income people may get free legal advice at court from Legal Aid Ontario advice lawyers and duty counsel.
- List every claim you want to make: divorce, parenting, support, property, or the family home.
- Note where each party lives and where any child habitually lives.
- Check whether your area has a Family Court Branch.
- Confirm you meet the one-year residency test if you want a divorce.
- Ask the court office about fees and fee waivers if you are filing in the Superior Court of Justice.
- Talk to a lawyer if there is urgency, a move, or a disagreement about where the child lives.
Frequently asked questions
Can I get a divorce in the Ontario Court of Justice?
No. Outside Family Court Branch locations, the Ontario Court of Justice does not hear divorce or property division. Divorce is heard by the Superior Court of Justice or the Family Court Branch.
Where do I file if my child lives in a different city than I do?
A case about decision-making responsibility, parenting time or contact must generally be started where the child habitually resides, subject to s. 22 of the Children's Law Reform Act. If there is immediate danger, a party may start the case and have a motion heard in any municipality. A lawyer can help if the child's residence is disputed.
Does it cost money to file a family case?
There is no fee to file documents at the Ontario Court of Justice. The Superior Court of Justice may require a fee, and a fee waiver may be available. Confirm the current amount with the court office.
Do I get a court date when I file?
At the Ontario Court of Justice or Family Court Branch, the clerk usually gives a first appearance date, except where you seek a divorce or make property claims. In the Superior Court of Justice you must book a case conference yourself.
Sources
- Ontario.ca – Guide to procedures in family court: Steps to filing an application — ontario.ca
- Ontario Court of Justice – Going to Court (family) — ontariocourts.ca
- Family Law Rules, O. Reg. 114/99, r. 5(1) — Ontario e-Laws
- Ontario.ca – Guide to procedures in family court: Choosing the appropriate municipality and court — ontario.ca
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 3(1) — Justice Laws (federal)
- Ontario.ca – Guide to procedures in family court — ontario.ca
- Superior Court of Justice – Finding legal help — ontariocourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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