Introduction

This guide provides information for Ontarians who may need to go to court to resolve their family law issues. There are many rules and procedures you must follow, whether you are a self-represented litigant or represented by a lawyer. This guide will help you take the necessary steps at each stage in your family law case, but it is not legal advice. It is recommended that all parties seek legal advice, where possible, to best help you and your family through this process.

In Ontario, there are a number of reasons why you might have to go to family court, such as:

  • separation
  • divorce
  • decisions about children, including the time they spend with each parent
  • dividing family property between you and your spouse
  • determining who will live in the family home
  • financial support for you, your partner, or your children after your relationship ends
  • adoption
  • child protection (matters involving the Children’s Aid Society)

Unless your issues are urgent, it’s a good idea to do some research on the options available to resolve your family issues.

Overview of the family court process

Rules and laws in family cases

The law that applies to families is included in the:

Certain case law from all levels of court in Canada is available online.

Every person using a family court must follow the Family Law Rules throughout their case. There is a rule for every step in a case. For example, Rule 8 tells you how to start a case. Rule 10 explains how to answer a case that has been started against you.

In addition to the rules, there are Practice Directions issued by the courts that you must follow if your case is in the Superior Court of Justice or the Family Court Branch of the Superior Court of Justice. This includes a Provincial Practice Direction (that applies to all court locations) and Regional Practice Directions (that only apply to courts in specific regions of Ontario).

Roles in court

A judge:

  • makes decisions in cases based on the evidence and the law, these decisions are called court orders
  • must be neutral and impartial
  • cannot give legal advice or assistance to the parties in a case

You may not:

  • contact the judge by phone, email or mail
  • discuss your case with the judge outside of your scheduled court appearances

The person starting a family case is called the applicant. The other person responding to the application is called the respondent. If you and your spouse jointly apply for a divorce, then you are both called applicants.

Helpful resources

Family Law Information Centres

You may choose to visit a Family Law Information Centre (FLIC) at any point in your case. FLICs are available in all family courts to assist people who are involved in the family law process, particularly those who are not represented by a lawyer. FLICs provide people with free user-friendly information about family law and family court processes. Court staff can provide appropriate court forms and general information about court procedures.

At designated times, Information and Referral Coordinators are available to

  • help you understand your needs in the case
  • make referrals to appropriate services
  • provide information about family mediation and other ways to resolve issues without going to court

A lawyer from Legal Aid Ontario – either Duty Counsel or an Advice lawyer, depending on the services required - is also available at certain times during your court case. If you meet the eligibility requirements established by Legal Aid Ontario, Duty Counsel or an Advice Lawyer may be able to give you legal advice free of charge. Before visiting a FLIC, you should contact the court office for information about the availability of duty counsel and Advice Lawyers.

Family Law Rules

The Family Law Rules set out the procedures for each step of your family case.

Family Court Forms

The court forms you will need in your family case (and other important resources) are available at any family court office or online.

Guided Pathways to Family Court Forms

If you need help completing your family court forms, you can use the Guided Pathways to Family Court Forms, a free online tool developed by Community Legal Education Ontario (CLEO) and the Ministry of the Attorney General. The tool asks you questions and inserts your answers into the required court forms. When you’re finished, you can save or print your completed forms.

You can also find more information about family law on CLEO’s Steps to Justice website

Family Claims Online

You can use the Ministry of the Attorney General’s Family Claims Online filing service to file certain court documents online, at any time, without having to visit a courthouse.

Before you submit documents online, make sure you qualify and have all the required documents.

Online Child Support Service

The Ministry of the Attorney General’s Online Child Support Service allows separated parents with non-complex child support cases to establish and update child support payments through an online portal, without going to court.

Ontario Court of Justice and Superior Court of Justice Resources

Learn more about family guides and other resources available at the Ontario Court of Justice.

Learn more about family guides and other resources available at the Superior Court of Justice.