Starting a family law court case can be a daunting process, but understanding the steps involved can make it more manageable. Here’s a detailed guide on how to initiate a family law case, including the necessary forms and procedures.
1. Starting Your Case in the Right Court
Before issuing your application, it’s crucial to ensure you’re starting your case in the appropriate court and municipality.
Residency Considerations
When initiating a family law case in Ontario, the location where the case should be started typically depends on where the parties involved reside.
However, in cases involving child decision making responsibility, parenting time, or contact, the appropriate municipality is where the child habitually resides, with some exceptions.
While cases concerning child protection or adoption applications must be filed in the municipality specified within the Child, Youth and Family Services Act.
Which Court should you go to?
- Superior Court of Justice: If your case involves divorce or property issues, you must start in the Superior Court of Justice.
- The Family Court branch of the Superior Court of Justice (Unified Family court): In areas where the Unified Family Court is present, the court hears all family law issues, such as divorce, property division, child and spousal support, parenting issues, and child protection applications.
- Ontario Court of Justice: If your matter only involves parenting claims or support, you can choose the Ontario Court of Justice where there is no Unified Family Court in your jurisdiction. Additionally, child protection, enforcement of child support and adoption matters can be heard.
2. The Application
Typically, the first step in a family law court case is to issue, serve, and file an application. This document informs the court and the other party about the issues you want the court to resolve, the orders you’re seeking, and the facts supporting your case. The person who initiates the application is the “applicant,” while the other party is the “respondent.”
3. Choosing the Right Application
Depending on your situation, you’ll need to choose the correct application form:
- Form 8A: Simple Application (Divorce Only): Use this if the only claim you’re making is for a divorce. No other claims can be included.
- Form 8A: Joint Application: If both parties agree on all claims, including divorce, parenting issues, and support, file a joint application.
- Form 8: General Application: If there is no agreement on some issues, you should file a general application.
4. Preparing Your Application
Prepare your application carefully, ensuring it is complete and includes all required information and documents based on your claims.
5. Issuing Your Application
Once your application is prepared, you must issue it by taking it to the court. This process officially starts your court case.
6. Serving Your Application – Special Service
After issuing your application, you must serve it to the respondent. Special service is required for this step, meaning the documents must be delivered directly to the respondent or their lawyer, following specific rules to ensure they receive it.
7. Filing Your Application
Finally, you must file your application with the court after serving it. This involves submitting the original documents along with proof of service to the court clerk.
8. What Happens if the Other Party Does Not Respond
If the respondent does not answer within the specified time, you may proceed to request an uncontested trial, where the court may grant the orders you’ve requested without the respondent’s participation.
Additional Resources
- Ministry of the Attorney General’s Guide to Process: This guide offers helpful information about filing an application.
- Community Legal Education Ontario (CLEO): CLEO provides useful information and a flowchart about the stages of a court case on their website at CLEO’s Family Court.
Understanding these steps can help demystify the process of starting a family law court case. It’s always advisable to seek legal advice to ensure that all procedures are correctly followed and your rights are protected.
For detailed information and specific forms, refer to the comprehensive guide provided by the Ministry of the Attorney General and Community Legal Education Ontario.
