Going to Court
The purpose of these services and processes is to resolve family cases in ways that minimize conflict, safeguard the children’s best interests, protect the legal rights of all family members, and resolve issues as early as possible.
Separation and Divorce: Child Parenting time, decision-making responsibility and Parenting Plans
When parents separate, they need to arrange how they will share the parenting of their children. If they cannot agree, they may have to go to court. The court must decide based on what is best for the child. In family law, this is called the “best interests” of the child.
In order to best serve the public, the Ontario Court of Justice developed a family scheduling policy for the Court. This policy provides guidelines and best practices for the judiciary when scheduling family matters.
- Initial Steps: File your forms at the Ontario Court of Justice or Superior Court of Justice and get a file number.
- Documentation: Required documents often include Form 35.1 for custody/access and financial disclosure for support issues.
- Case Conference: This is often the first appearance to meet with a judge to resolve issues without a trial.
- Virtual or In-Person: Check if your appearance is virtual (Zoom) or in-person at the courthouse.
- Duty Counsel: If you do not have a lawyer, Legal Aid Ontario provides Duty Counsel at many courts for financial assistance.
Steps to filing an application
Step 1: fill out your application and supporting documents
Step 2: get your application issued by the court
Step 3: serve all your documents
Step 4: File Proof of Service
All family cases in Ontario are required to follow the Family Law Rules. These are rules of procedure for family cases while a case is in Court. There are 43 rules in total and each rule addresses a specific issue. For example, rule 34 deals exclusively with adoption cases.
The following forms must also be used in Court. Each form has a number that corresponds with a Family Law Rule.
- Forms (Family Law Rules, O. Reg. 114/99)
Types of appearances before a judge.
In family law cases involving children, you may be required to go before a judge for a conference, motion or trial.
The Guide for Self-Represented Litigants in Family Court Trials and Definitions of Words Commonly Used in Family Law Cases.