The Family Court Process in Ontario: A Step-by-Step Overview

Which Court Handles Family Law Matters in Ontario?

Family law matters in Ontario are heard primarily in the Superior Court of Justice. The Ontario Court of Justice also has jurisdiction over some family law matters, particularly child protection and certain parenting and support issues. The Unified Family Court — available in some jurisdictions — hears all family law matters in one location.

Step 1: Filing an Application

The process begins when one party (the applicant) files an Application with the court. This document sets out the relief being sought — for example, a divorce, an order for child support, or parenting arrangements. The application must be filed with the court and served on the other party (the respondent).

Step 2: Filing an Answer

The respondent has the opportunity to file an Answer, either agreeing with some or all of the applicant’s claims, disagreeing, or making their own claims (a Reply). This response must be filed within a set deadline after service of the application.

Step 3: Financial Disclosure

Both parties are required to file a Financial Statement with the court, providing detailed information about their income, expenses, assets, and debts. This financial disclosure is foundational to the resolution of support and property issues. Supporting documents such as tax returns and bank statements must also be exchanged.

Step 4: Case Conference

The first mandatory court appearance is usually a Case Conference, presided over by a judge. The purpose is to identify and narrow the issues in dispute, explore settlement options, and establish a timetable for the proceedings. Neither party can bring a motion before a case conference has been held, except in urgent situations.

Step 5: Motions

After the case conference, either party may bring a motion seeking temporary orders. For example, a motion may ask for a temporary parenting schedule, a temporary support order, or an order for disclosure. Motions are heard by a judge and can be contested by the other party. They are often necessary to address urgent or ongoing issues while the case proceeds.

Step 6: Settlement Conference

A Settlement Conference is a more focused attempt at resolving the outstanding issues before trial. The judge may provide an assessment of the likely outcome at trial, which can encourage settlement. Many cases resolve at or after this stage.

Step 7: Trial Management Conference

If the matter is still unresolved, a Trial Management Conference is held to prepare for trial. This conference organizes the evidence to be presented, sets the trial schedule, and makes any final efforts at resolution.

Step 8: Trial

At trial, both parties present their evidence and arguments before a judge. Witnesses may be called and cross-examined. The judge then makes a binding decision on all outstanding issues. Family law trials can be lengthy and expensive.

After the Decision: Appeals and Enforcement

A court order is legally binding. If a party does not comply with the order — for example, failing to pay support — enforcement mechanisms are available, including the Family Responsibility Office. In some cases, court orders can be appealed to a higher court, though there are strict timelines and grounds for doing so.