Starting Your Journey in Family Court
If you’re heading to family court in Ontario for the first time, it’s normal to feel uncertain or overwhelmed. Whether your matter involves divorce, parenting time, support, or property division, understanding the court process is a critical first step.
This beginner’s guide will walk you through how Ontario’s family court system works, what documents you’ll need, and where to find trusted legal support.
What Does Family Court in Ontario Handle?
Ontario’s family courts deal with a wide range of legal issues, including:
- Divorce and separation
- Decision-making responsibility and parenting time
- Child and spousal support
- Division of property
- Adoption and child protection
There are three types of courts that may hear your family law case in Ontario:
- Family Court Branch of the Superior Court of Justice – Handles all family matters
- Ontario Court of Justice – Handles parenting and support, but not divorce or property
- Superior Court of Justice – Handles divorce, property, and other family law matters
For a detailed comparison of these courts, see our blog on which Ontario family court you should attend.
How Do Family Court Cases Begin?
A family court case starts when one party files an application, typically Form 8, stating what orders they’re seeking (such as support or parenting time). The other party must respond with Form 10 (Answer).
If your case involves support or property, both parties will likely need to complete a financial statement.
Key Stages in a Family Court Case
1. Filing the Application
Submit the appropriate forms to the correct court. Be sure to understand which court has jurisdiction over your issue.
2. Serving the Other Party
Once filed, court documents must be served on the other party, and an affidavit of service must be filed with the court. Learn more in this overview of service rules.
3. Case Conference
This is usually the first court appearance. A judge will help:
- Identify and narrow the issues
- Explore early resolution
- Set the roadmap for your case
More about case conferences and how to prepare.
4. Motions for Temporary Relief
When urgent issues arise—such as parenting time or support—either party may file a motion for a temporary court order. Read how temporary orders work in family law.
5. Settlement Conferences
These hearings encourage resolution before trial. Parties can discuss offers, narrow disputes, and avoid unnecessary litigation. Here are some tips on how to settle your case early.
6. Trial (If Needed)
If no agreement is reached, the case proceeds to trial. A judge will make final decisions on unresolved issues. Learn about what to expect at trial.
Do You Need a Lawyer for Family Court?
While you can represent yourself, a family lawyer can offer crucial guidance—especially in contested cases involving children or finances.
Legal representation can help you:
- Understand your legal rights
- Complete court forms accurately
- Present your case effectively at hearings
If affordability is a concern, consider unbundled legal services, where you only pay for the legal help you need.
How Long Does a Family Court Case Take in Ontario?
- Uncontested cases: Often resolved within a few months
- Contested or complex cases: Can take a year or more
- Delays may result from incomplete paperwork, court backlogs, or multiple issues
For tips on avoiding delays, see how to keep your family case moving efficiently.
Tips for Navigating Family Court Successfully
- Stay organized: Keep track of documents, forms, and court dates
- Meet all deadlines: Avoid unnecessary adjournments
- Complete forms truthfully and fully
- Be respectful in all communications, especially about parenting
- Explore alternative dispute resolution (ADR) options like mediation or collaborative law
Final Thoughts
Although the family court process in Ontario can seem intimidating, understanding each step can help you feel more confident and in control. Whether you choose to self-represent or hire a lawyer, being well-prepared is key to reaching a fair outcome.
✅ Upcoming Webinar: Introduction to Family Court Procedures
Date: July 15 at 5PM ET
🎓 Join our free session to gain expert insight into how the family court system works.
👉 Register here
