The Two Courts at a Glance

Ontario generally has two courts that hear family law matters — the Superior Court of Justice and the Ontario Court of Justice — and their authority is not identical. Some locations also have a specialized Family Court branch of the Superior Court of Justice that combines jurisdiction over all family matters in one place. This page builds on the broader orientation in Family Court in Ontario: A Getting-Started Guide by going further into the practical question most people actually face: given my situation and my location, which court do I use?

In very general terms:

  • Superior Court of Justice: the only court that can grant a divorce or decide property claims, including the matrimonial home. It can also decide parenting and support.
  • Ontario Court of Justice: cannot grant a divorce or decide property claims, but can generally decide parenting time, decision-making responsibility, and support, and is the general venue for child protection matters.
  • Family Court branch: available only at certain courthouse locations; where it exists, it generally handles all of the above together, so the choice between the other two courts does not arise.

The rest of this page walks through each of these in more practical detail, and offers general "if you need X, you generally go to Y" guidance for common situations. Because court structure and local practice can change, treat this as a starting point for your own confirmation, not a final answer.

The Superior Court of Justice: What It Handles

The Superior Court of Justice has exclusive jurisdiction over divorce in Ontario. Divorce is governed by the federal Divorce Act, and only the Superior Court of Justice, including its Family Court branch where one is available, can grant a divorce order. The Ontario Court of Justice has no authority to grant a divorce under any circumstances.

The Superior Court of Justice also generally has exclusive jurisdiction over property claims arising from a family relationship, including claims under Ontario's Family Law Act for equalization of net family property and claims involving the matrimonial home. The Ontario Court of Justice does not have jurisdiction over these property matters, so a couple with a property dispute generally needs the Superior Court of Justice regardless of whether they are also seeking a divorce.

Beyond divorce and property, the Superior Court of Justice can also decide parenting time, decision-making responsibility, and child and spousal support. In practice, this means the Superior Court of Justice can generally handle an entire family law case in one place when a divorce or property claim is involved.

The Ontario Court of Justice: What It Handles

The Ontario Court of Justice cannot grant a divorce and does not have jurisdiction over property claims, including the matrimonial home. These limits apply regardless of the parties' circumstances or preferences.

Where a couple is not seeking a divorce — for example, because they were never married to each other, or are married but are not applying to divorce — the Ontario Court of Justice can generally decide parenting time, decision-making responsibility, and child or spousal support. In many locations without a Family Court branch, this gives parents in that situation a genuine choice between the Ontario Court of Justice and the Superior Court of Justice for these issues, discussed further below.

The Ontario Court of Justice is also the general venue for child protection matters, covered in more detail in Child Protection Matters below.

Family Court Branches: When the Choice Doesn't Arise

A number of Ontario courthouse locations have a specialized Family Court branch of the Superior Court of Justice, sometimes referred to informally as a unified family court. Where this branch is available, it generally has jurisdiction over the full range of family law matters together — divorce, property and the matrimonial home, parenting, child and spousal support, and child protection — rather than splitting these issues between two separate courts.

In practical terms, this means that if you live in an area served by a Family Court branch, the question of "which court" generally does not arise the way it does elsewhere: the branch is generally your one point of entry for all of these issues. Family Court branches exist at a defined but limited set of Ontario courthouse locations, and not every community is served by one. Where no branch is available, the general split described above between the Superior Court of Justice and the Ontario Court of Justice continues to apply.

Because the list of locations with a Family Court branch is set administratively and can change, confirm your own courthouse's status directly rather than assuming — see How to Confirm Your Local Options below.

If You Need a Divorce

If part of what you need is a divorce, the starting point is generally straightforward: you must go to the Superior Court of Justice, or its Family Court branch where one is available for your area. There is no way around this — the Ontario Court of Justice simply does not have the authority to grant a divorce, however cooperative you and your spouse are.

From there, other issues in your situation — parenting, support, or property — can generally be addressed in the same Superior Court of Justice case alongside the divorce, rather than in a separate proceeding, since that court can decide all of them. For a full walkthrough of the divorce process itself, see Divorce in Ontario: A Complete Guide.

If You Don't Need a Divorce

If you are not seeking a divorce — because you were never married to the other parent, or you are married but not applying to divorce — your situation generally works differently.

Where a Family Court branch serves your area, it is generally the single option for parenting, support, and any related issues. Where no Family Court branch is available, you may generally have a choice between the Superior Court of Justice and the Ontario Court of Justice for parenting time, decision-making responsibility, and support, since both courts can generally decide these issues in that situation. Neither court can decide a property claim outside a Family Court branch's combined jurisdiction — if a property issue arises later, such as after an unmarried relationship involving jointly owned property, that portion would generally need to go to the Superior Court of Justice.

Where an actual choice exists, general practical considerations sometimes discussed include which court is more familiar with a family's existing situation (for example, if a related matter is already before one of the courts), local scheduling and wait times, and whether you expect to need a divorce or property resolution later, which could mean eventually consolidating matters in the Superior Court of Justice. These are general considerations only, and a family law professional can help weigh them for your specific circumstances.

Child Protection Matters

Child protection cases — generally brought by a children's aid society, and separate from the private disputes between parents discussed above — are generally handled by the Ontario Court of Justice. Where a Family Court branch is available in your area, it can generally hear these cases as well, alongside other family matters affecting the same family.

Child protection proceedings raise distinct legal issues and timelines from the parenting, support, divorce, and property matters covered elsewhere on this page, and are not covered in detail here. If you are involved in, or concerned about, a child protection matter, consider seeking advice from a qualified professional promptly, given the serious and time-sensitive nature of these cases.

How to Confirm Your Local Options

Because jurisdiction depends partly on your specific location, confirm your own options before filing anything, rather than relying only on general guidance like this page.

  1. Identify the courthouse that serves your address

    Family law jurisdiction in Ontario is generally organized by geographic region, so start with the courthouse assigned to where you or the other party live.

  2. Ask whether that location has a Family Court branch

    Court staff, a Family Law Information Centre, or the court's own directory can generally confirm this.

  3. Confirm which issues you need resolved

    Whether a divorce or property claim is involved generally determines whether the Superior Court of Justice is required.

  4. Speak with a Family Law Information Centre or a professional if you're unsure

    Especially where more than one court might apply, or your situation involves both parenting/support and a possible later property or divorce claim.

For a broader look at how a family court case generally proceeds once you've identified the right court, see Starting a Family Court Case.

Frequently Asked Questions

Which court do I go to for a divorce in Ontario?

Only the Superior Court of Justice, including its Family Court branch where one is available, can grant a divorce in Ontario. The Ontario Court of Justice does not have jurisdiction over divorce, no matter where you live or how straightforward your situation is. See If You Need a Divorce above.

Can the Ontario Court of Justice handle my parenting or child support case?

Generally, yes, if you are not seeking a divorce — for example, if you were never married to the other parent, or are married but not divorcing. The Ontario Court of Justice can generally decide parenting time, decision-making responsibility, and child or spousal support in these situations, but it cannot grant a divorce or divide property. See The Ontario Court of Justice: What It Handles.

What is the main difference between the Superior Court of Justice and the Ontario Court of Justice?

The Superior Court of Justice has exclusive jurisdiction over divorce and property claims, including the matrimonial home, and can also decide parenting and support. The Ontario Court of Justice cannot hear divorce or property claims, but can generally decide parenting and support matters and is the general venue for child protection cases. See The Two Courts at a Glance.

What is a Family Court branch, and how do I know if my area has one?

A Family Court branch is a specialized branch of the Superior Court of Justice, available at a limited number of Ontario courthouse locations, that generally handles all family law matters together, including divorce, property, parenting, support, and child protection. Where it is not available, the usual split between the two courts applies. Confirm your local courthouse's status with the court directly or a Family Law Information Centre before filing. See Family Court Branches above.

If I'm not getting divorced, can I choose which court to use?

Where no Family Court branch is available, parents who are not seeking a divorce generally have a choice between the Superior Court of Justice and the Ontario Court of Justice for parenting and support matters. Where a Family Court branch is available, it is generally the only option, so the choice does not arise. See If You Don't Need a Divorce.

Does the Ontario Court of Justice ever handle property or the matrimonial home?

No. Property claims, including anything involving the matrimonial home, fall outside the Ontario Court of Justice's jurisdiction regardless of the parties' marital status. Only the Superior Court of Justice, including a Family Court branch where available, can decide these claims.

Which court handles child protection cases in Ontario?

Child protection cases, generally brought by a children's aid society, are generally handled by the Ontario Court of Justice. Where a Family Court branch is available, it can generally hear these cases as well, alongside other family matters. See Child Protection Matters above.

What happens if I start my case in the wrong court?

Procedures generally exist to address this, but starting in the wrong court can still cause delay and added cost. It is generally worth confirming which court has jurisdiction over your specific issues, and which courthouse serves your area, before filing anything. See How to Confirm Your Local Options.