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FAMILY LAW


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The information provided below is not legal advice, and it may not apply in every situation.
What are the Family Law Court Proceedings in Ontario?
In Ontario, there are three different levels of courts which deal with family law matters:
Once it is determined what matters require to be settled by a judge – you can then select the appropriate court. There are procedures you will be required to follow:
 
  • An Application is issued at a court – as it is the most important step we strongly recommend that you contact a lawyer who is qualified to handle such matters.
 
  • The Application is served on the other party – you can do this yourself or hire a process server.
 
  • The other party will have an opportunity to file an Answer and a Financial Statement within 30 days of being served with the Application (if they reside in Canada).
 
  • A First Appearance or a Case Conference (depends on which court is selected) is then scheduled.
 
  • While the First Appearance is done before a clerk of the court and it is an informal attendance to ensure all necessary documents have been filed, the Case Conference takes place before a judge and is designed to explore the possibilities of a settlement (resolution) to the case.
 
  • Another Case Conference may be scheduled at the judge’s discretion or a Settlement or a Trial Management Conference. These conferences take place before the judge with the purpose of encouraging a settlement between all parties. During such conferences, the judge can make temporary orders. If settlement cannot be reached – the case is set down (date scheduled) for a Trial.
 
  • Trial is the final step, however, most family law cases resolve before reaching this point. All parties present their evidence, witnesses speak in front of a judge, and then the judge makes his decision.
 
 
Family Court proceedings are heard at all Superior Court locations throughout the province. However, family law consists of statutes from both the federal and provincial jurisdictions. In 17 court locations in Ontario, the split jurisdiction has been unified so that the Family Court Branch of the Superior Court of Justice hears all family matters. In the remaining 33 locations, family law represents a significant portion of the overall workload of the Superior Court, but does not include proceedings that are governed by provincial statute such as child protection proceedings.
At sites where there is no Family Court branch of the Superior Court of Justice, family law matters governed by provincial law are heard by the Ontario Court of Justice. Under section 21.2(3) of the Courts of Justice Act, every judge of the Superior Court of Justice is also a judge of the Family Court.
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As of July 1, 2004 all family proceedings in Ontario are governed by the same Family Law Rules.
 
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