Ontario Court System for Family Law Matters: Step-by-Step

Family Court Process in Ontario: A Step-by-Step Guide

Especially if you are unfamiliar with the legal system, the family court process in Ontario can be daunting. If you have a Family Law matter to resolve – whether it involves parenting time, spousal support, or property division – it’s important to understand the key steps.

Starting the Family Court Process in Ontario: First Steps

If you’re initiating a family law case, here is a breakdown of the process you need to follow:

Starting Your Application

Every family court process in Ontario begins with an Application. To start, you must complete and file specific forms found on the Ontario court’s website under Family Law Rules Forms.

1. Choose the Right Court: Family law cases are generally heard in either the Ontario Court of Justice or the Superior Court of Justice. Your choice depends on the issues involved, so it’s wise to seek advice from an experienced family lawyer.
2. Complete the Application Form: As the Applicant, you’ll need to fill out Form 8: Application (General), which specifies the relief you’re seeking (e.g., parenting time or financial support).
3. Include Supporting Documents: You may also need to file:
   • Financial Statements (Form 13 or Form 13.1 for property matters)
   • Form 13A Certificate of Financial Disclosure
   • An Affidavit explaining your situation, if applicable.

Filing Your Application

Once you’ve completed the necessary forms, the next step is to file them with the court.

• File at the Right Location: Applications should be submitted to the courthouse closest to where you and your spouse last lived together. If children are involved, file in the courthouse nearest their current residence.
• Pay the Filing Fee: A court filing fee applies, though you may qualify for a fee waiver if financial hardship can be demonstrated.

Serving the Other Party

After filing, you must serve your Application and supporting documents on your spouse, who will then be referred to as the “Respondent.”

• Personal Service: Documents must be served personally, meaning they are handed directly to the Respondent. However, you cannot serve the documents yourself; this task must be done by a friend, family member, or professional process server.
• Proof of Service: The individual who serves the documents must complete Form 6B: Affidavit of Service, which you’ll then file with the court as proof.

Responding to the Application

The Respondent has 30 days to file a formal response. (This timeline is extended if they live outside Canada.)

• File and Serve a Response: The Respondent must submit Form 10: Answer, outlining their position on the issues raised. This must be served on you personally, following the same rules as above.
• Include Supporting Documents: Like the Applicant, the Respondent must file financial statements and other evidence where required.

Related: Why Hiring a Family Lawyer in Toronto is Essential

Mandatory Case Conference in the Ontario Family Court Process

Once both parties have filed their documents, the case proceeds to a mandatory Case Conference before a judge. This is a key step in the family court process in Ontario, as it helps clarify issues and explore settlement opportunities.

Purpose of the Case Conference

The Case Conference allows you and your spouse to:

• Clarify the legal issues in dispute and plan the next steps.
• Explore settlement possibilities, including temporary agreements while working toward a resolution.
• Ensure both parties have exchanged necessary financial and other documentation.

Preparing for the Case Conference

Before the Case Conference, you must complete the following steps:

1. File a Case Conference Brief: You must serve the Respondent with Form 17A: Case Conference Brief. If your matter involves financial or property disputes, you must also submit updated copies of Form 13/13.1: Financial Statement and Form 13A Certificate of Financial Disclosure.
2. Exchange Financial Disclosure: Financial information must be shared between both parties before the Case Conference date.
3. Confirm the Case Conference Date: At least three days before the scheduled date, file Form 17F: Confirmation of Conference to confirm the Case Conference will proceed.

Temporary Motions (If Needed)

After your case is filed, the family court process in Ontario is officially underway. However, there may be urgent situations requiring a Motion for temporary relief. These Motions are used to address pressing issues before your case is resolved, such as:

• Securing a short-term order for parenting time or child access
• Requesting exclusive possession of the matrimonial home

To initiate a Motion, you must provide proper notice to your spouse. The judge will review the filed materials, hear oral submissions, and issue a temporary order based on the circumstances.

Settlement Conferences

Every family law case in Ontario must include a mandatory Case Conference. If this initial step doesn’t lead to a resolution, the next phase is the Settlement Conference.

The Settlement Conference is another opportunity to resolve your issues without going to trial. During this step:

• You and your spouse may negotiate an agreement.
• The judge might provide non-binding recommendations to help you reach a settlement.

Settlement Conferences are a critical part of the family court process in Ontario, offering a chance to avoid the costs and stress of a trial.

Trial Management Conference

If settlement efforts fail, your case will proceed to trial. Before that happens, you must participate in a Trial Management Conference. This step helps organize and streamline the trial process by addressing key elements:

1. Organizing Trial Proceedings: Both parties must assemble documents, identify witnesses, and finalize their legal arguments.
2. Planning Trial Logistics: This involves determining the trial sequence, estimating time for witnesses, and finalizing the trial’s duration.
3. Addressing Expert Evidence: If expert testimony or reports are needed, timelines for submission will be established.
4. Setting the Trial Date: If not already scheduled, the trial date will be confirmed during this conference.

Trial

If no resolution is reached, your case will proceed to a trial before a Family Law judge. During the trial, each party will:

• Present their evidence, including expert reports or assessments
• Question witnesses
• Make legal arguments

The judge will evaluate the evidence and arguments presented, then issue a binding decision based on the law as applied to the facts of the case.

Conclusion

The family court process in Ontario involves many steps, each with specific procedural requirements. While the process can be emotionally taxing, understanding these steps can alleviate some uncertainty.

Whether you plan to represent yourself or work with a lawyer, seeking advice from an experienced Family Lawyer is always a wise choice. They can help ensure you understand your rights and obligations. Contact our office today for personalized guidance.