What Is "Family Court" in Ontario?
"Family court" is a general term for the parts of Ontario's court system that decide family law disputes — parenting, support, property, and divorce. Depending on your issue and location, your case may go through one of two courts, or a specialized branch that combines both.
For many people, "going to family court" means the point where an issue could not be resolved through negotiation or mediation, and a court's involvement is needed. That does not mean every case is contested all the way to trial — most cases settle at some point before then, often with the court's own process helping the parties reach an agreement.
This guide is a general orientation to that system: how it is organized, the rules that apply, the free help available at the courthouse, and the general stages a case moves through.
Two Courts, Different Jurisdiction: Superior Court of Justice vs. Ontario Court of Justice
Ontario has two courts that hear family matters, and their authority is not identical — starting in the wrong one can cost time.
The Superior Court of Justice
Only the Superior Court of Justice can grant a divorce or make orders about the equalization of family property or the matrimonial home, under the federal Divorce Act or Ontario's Family Law Act. It can also decide parenting and support issues.
The Ontario Court of Justice
The Ontario Court of Justice handles child protection matters and can also hear many parenting and support disputes. It cannot grant a divorce or divide property or the matrimonial home — those issues are outside its jurisdiction, regardless of how the parties want to proceed.
This matters most for married couples needing a divorce or property resolved: without a combined Family Court branch (below), parenting or support may need the Ontario Court of Justice while a divorce or property claim proceeds separately in the Superior Court. See choosing the correct court.
Family Court Branches: Where Everything Is Handled Together
To reduce that two-court split, a number of courthouse locations have a specialized Family Court branch of the Superior Court of Justice. Where it exists, it can generally decide the full range of family issues together — divorce, property, parenting, support, and child protection — rather than splitting them between two courts.
Not every courthouse has one. Where a branch isn't available, the two-court split continues to apply, and different issues in the same family may need separate courts. Confirm with the courthouse serving your area, or a Family Law Information Centre, whether a branch applies to you before starting a case.
The Family Law Rules: How Family Court Procedure Works
Family cases don't follow the same procedural rules as most other civil lawsuits. They generally follow a separate regulation, the Family Law Rules, made under Ontario's Courts of Justice Act, which applies in the Family Court branch, the Superior Court of Justice, and the Ontario Court of Justice.
The Family Law Rules set out the forms used to start and respond to a case, how documents must be served, the financial disclosure generally required in support and property cases, and how conferences, motions, and trials proceed.
Because the rules can be technical, many self-represented people find it useful to speak with an advice lawyer at a Family Law Information Centre before filing anything.
Family Law Information Centres: Free Help at the Courthouse
Many Ontario courthouses have a Family Law Information Centre, or FLIC — a walk-in service offering free general information about separation, divorce, and the court process.
Services commonly available at a FLIC include:
- General information about the process, forms, and which court may apply
- Referrals to mediation, legal clinics, Legal Aid Ontario, and other resources
- Blank court forms and general written information
- A brief, free consultation with an on-site advice lawyer, generally limited in length
A FLIC does not represent you and does not advise on how your specific case should be argued. Hours and services vary by location, so confirm details with the courthouse serving your area before visiting.
Starting a Family Court Case
A case generally begins when the applicant files an application with the appropriate court, setting out what is being asked — parenting, support, or property division, for example — and the general basis for it.
Confirm which court has jurisdiction (see Two Courts, Different Jurisdiction above) and the right courthouse location before filing; filing in the wrong place can cause delay. This page is a general overview only — for a fuller walkthrough, see starting a family court case.
Responding to a Family Court Application
Once a case starts, the applicant generally serves the respondent, giving formal notice and a set period to respond. A respondent who disputes any part of the application, or wants something different, generally files a response setting out their own position.
If no response is filed in time, the case may proceed without further input from the respondent, though the procedure depends on the type of case. Responding promptly and completely is one of the more consequential early decisions in a case. See responding to a family court application.
Case Conferences and Settlement Conferences
Most cases move through one or more conferences with a judge before any contested issue is decided — a central feature of the rules' emphasis on resolving issues without trial.
Case Conferences
A case conference is generally first, giving the parties and judge a chance to identify the issues genuinely in dispute and plan next steps. It is not a trial, and no final decision is usually made. See case conferences.
Settlement Conferences
A settlement conference generally comes later, once disclosure is more fully exchanged, and focuses on trying to settle the outstanding issues before the parties commit to a trial. See settlement conferences.
Financial Disclosure in Family Court
Where support or property is disputed, the Family Law Rules generally require each party to provide thorough financial disclosure — documents about income, expenses, assets, and debts — so decisions rest on verified information rather than unsupported claims.
Disclosure is often the most time-consuming part of a case, and incomplete or delayed disclosure is a common source of conflict and motions. See financial disclosure in family court.
Motions: Getting a Decision on an Urgent or Specific Issue
A motion asks a judge to decide a specific issue before the whole case is resolved — a temporary parenting schedule, temporary support, or compelling disclosure — generally used when something cannot reasonably wait until the case ends.
Motions still follow the Family Law Rules for notice, evidence (typically by affidavit), and usually a chance for the other party to respond. Urgent circumstances may allow more limited procedures, but the moving party generally must still explain the urgency. See motions in family court.
Mediation and Settling Without a Trial
Most family court cases don't end in trial — many resolve earlier through negotiation, mediation, or the conference process above.
Mediation itself is not generally mandatory to start a case, but many court locations require or encourage parties in a contested matter to attend an early information session on separation and alternatives to litigation, and Ontario lawyers must discuss these alternatives with clients first. Requirements vary by location — confirm with the court or a Family Law Information Centre.
Settling by agreement generally gives the parties more control than leaving the outcome to a judge, and is often faster and less expensive. A settlement can become a separation agreement or a consent order.
Trial: When a Case Doesn't Settle
If issues cannot be resolved through negotiation, mediation, or conferences, a case generally proceeds toward trial, where a judge hears evidence from both sides and makes a final decision on the outstanding issues.
Trials are the last stage, used in a minority of cases, and require significant preparation, often including a pre-trial conference. Because of the cost and uncertainty involved, many cases that reach this stage still settle shortly before trial. See family court trials.
Court Orders, Costs, and Appeals
Whether a case resolves by agreement or at trial, the outcome is generally reflected in a court order — a parenting schedule, support amount, or property division, for example. See court orders, including how one can later be changed or enforced.
Cases can also involve costs — an amount one party may be ordered to pay toward the other's legal expenses, based on factors such as conduct and outcome. See costs in family court.
A party who disagrees with a final order may, in some circumstances, appeal it, though appeals involve strict time limits and a different legal test. See appeals in family court.
A General Step-by-Step Pathway Through a Family Court Case
Every case is different, and not every case includes every step below in this order. This is a general outline only, showing the rough shape of a contested case from start to finish.
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Identify the issues and the correct court
Work out which issues need to be resolved and which court, or Family Court branch, has jurisdiction over them.
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Consider information and dispute-resolution options first
Many start with a Family Law Information Centre, mediation, or a lawyer consultation before filing.
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Prepare and file the application
Setting out what is being asked of the court, following the Family Law Rules' requirements for forms and content.
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Serve the other party
Giving formal notice of the case in the way the Family Law Rules require.
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Receive and review the response
Or confirm that none was filed within the required time.
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Exchange financial disclosure, where relevant
Required in most cases involving support or property claims.
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Attend a case conference
To identify the issues genuinely in dispute and plan next steps.
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Bring or respond to any necessary motions
For urgent or specific issues that cannot wait until the case is fully resolved.
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Attend a settlement conference
To make a focused attempt at resolving the outstanding issues before trial.
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Prepare for and, if necessary, proceed to trial
Used in a minority of cases that remain unresolved after the earlier stages.
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Receive the final order
Reflecting either a settlement or the judge's decision after trial.
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Follow, and if needed, later change or enforce the order
Orders can sometimes be changed if circumstances change materially, or enforced if not followed.
Frequently Asked Questions
Which court do I go to for my family law issue in Ontario?
It depends on your issue and location. Only the Superior Court of Justice can handle divorce, property, and the matrimonial home. The Ontario Court of Justice handles child protection and many parenting and support issues, but not divorce or property. Where a Family Court branch exists, it can generally handle all of these together. See Two Courts, Different Jurisdiction above.
Do I need a lawyer for family court in Ontario?
There is no general requirement to have a lawyer, and many people represent themselves, particularly in simpler matters. A lawyer or paralegal (where permitted) is often more valuable in contested cases or where significant issues, such as parenting or property, are at stake.
How long does a family court case take in Ontario?
It varies enormously. A straightforward, uncontested matter can resolve in months, while a contested case involving multiple conferences, motions, or a trial can take a year or longer. Court location, workload, and how cooperative the parties are all affect timing.
What is a case conference in family court?
A case conference is an early, informal meeting with a judge to identify the issues in dispute, explore whether they can be resolved, and plan next steps if not. It is not a trial, and no final decision on the merits is usually made.
What is the difference between a case conference and a settlement conference?
A case conference generally comes first and focuses on identifying issues and planning next steps. A settlement conference comes later, once disclosure has generally been exchanged, and focuses on trying to settle the outstanding issues before a case proceeds toward trial.
Can I represent myself in Ontario family court?
Yes. Self-represented parties are common in Ontario family court. Courts provide some general guidance for self-represented litigants, and Family Law Information Centres offer free general information, but neither can advise on how your specific case should be argued.
What if I cannot afford a family lawyer?
Options some people explore include Legal Aid Ontario, limited-scope ("unbundled") legal services, community legal clinics, and representing yourself with help from a Family Law Information Centre. Eligibility varies, so confirm current options with the relevant organization.
What happens if the other party does not respond to my application?
If the other party is properly served and does not respond in time, the case may proceed without their further participation, and the court may eventually grant relief based on the applicant's evidence alone. The specific procedure depends on the type of case.
Is family court open to the public in Ontario?
Family court proceedings are generally open to the public, consistent with the open-court principle, though certain materials and some especially sensitive hearings involving children may be treated differently, and publication bans can apply in some cases.
What are the Family Law Rules?
The Family Law Rules are a regulation made under Ontario's Courts of Justice Act setting out the procedure for family cases, separately from the general Rules of Civil Procedure. They cover forms, service, disclosure, conferences, motions, and trials.
What is a Family Law Information Centre?
A Family Law Information Centre, or FLIC, is a service at many Ontario courthouses offering free general information about separation, divorce, and the court process, plus referrals to mediation, legal aid, and other resources. It does not advise on how a specific case should be handled.
Do I have to try mediation before going to family court in Ontario?
Mediation is not generally mandatory, but many court locations require or encourage parties in a contested matter to attend an early information session on dispute-resolution options, and lawyers must discuss alternatives with clients first. Requirements vary by location.
What is a motion in family court?
A motion asks a judge to decide a specific issue before the case is fully resolved, such as a temporary parenting arrangement, temporary support, or a procedural matter. It is generally decided more quickly than a trial but still follows the Family Law Rules for notice and evidence.
What happens if my family court case does not settle?
If a case cannot be resolved through negotiation, mediation, or conferences, it generally proceeds toward trial, where a judge hears evidence from both sides and makes a final decision. Trials are the last stage of the process and are used far less often than settlement.
What is financial disclosure and why does family court require it?
Financial disclosure is the exchange of documents about each party's income, expenses, assets, and debts. Family court generally requires thorough disclosure in cases involving support or property, so decisions rest on accurate information rather than guesswork.