Family Law
With Care & Clarity.

Not every family law issue needs to begin with immediate litigation. In some cases, early negotiation can save legal fees, court filing costs, and significant time for everyone involved. Where a fair resolution can be reached without starting or escalating court proceedings, that may be the most practical path.

If you are starting the case, you are the Applicant and the other party is the Respondent. A key first step is making sure you know which court is hearing your case, as the Ontario Court of Justice and the Superior Court of Justice do not hear every family law issue in the same way. You begin by completing and filing the required family court forms, including a Form 8 Application where applicable, setting out the issues you want the court to decide, such as parenting time, decision-making responsibility, child support, or spousal support, together with the relevant background facts. If parenting or decision-making is in issue, a Form 35.1 affidavit may also be required. Where support is claimed, financial disclosure may also be required, including a Financial Statement and supporting income documents. The Respondent must respond using the proper answering materials where required. You should also prepare copies of your documents and ensure a continuing record is created and maintained where required.

If support is being claimed, additional financial disclosure may be required. The Ontario Court of Justice page explains that a Financial Statement may be required depending on the type of support claim, and that supporting documents can include proof of current income and Canada Revenue Agency Notices of Assessment. The page also explains that certain identifying and account information must be blacked out before filing, while the originals must still be kept in case the court asks to see them.

Once your forms are completed, they must be issued by the court. Court staff will sign, date, and place the official seal on the documents, assign a file number, and give you a date for your First Appearance. At that stage, you will also receive the Mandatory Information Program forms. If your application or answer includes claims about decision-making responsibility, parenting time, or support, an automatic order is also issued. You keep a copy for yourself and must serve a copy on the other party.

An automatic order is issued when claims are first made about decision-making responsibility, parenting time, or support. After filing, court staff will give you a copy of the order. You keep one copy and serve another on the other party. Both parties must also attend the Mandatory Information Program before going to court. This is a free program that provides practical information about the family court process. Separate notices are provided, and each party attends a different session.

Your completed documents must be filed with the court. Filing may be done electronically through the appropriate online portal or in person at the courthouse, and you can contact the courthouse about other available filing options. Documents should be filed through one mode only, not multiple methods at the same time. Before filing, you are responsible for making sure the documents comply with the Family Law Rules, any statutory requirements, practice directions, notices, or court orders. The most current court forms should be used. If needed, form-completion tools and public legal information resources are also available to help users prepare their materials before filing.

You must serve your documents on the other party in accordance with Rule 6 of the Family Law Rules. Different forms require different methods of service, so it is important to confirm the correct method before serving anything. Documents must also be served within the applicable timelines. After service is completed, an Affidavit of Service (Form 6B) must be filed with the court to confirm that service was properly carried out. This requirement applies where service must be proven to the court, and both parties may need to file affidavits of service depending on the documents being served.

Case Center is a cloud-based document sharing and e-hearing platform used for family matters in both the Ontario Court of Justice and the Superior Court of Justice. It does not replace filing your documents with the court office. If documents were filed through the Ontario Courts Public Portal in the Toronto region, parties generally should not upload documents directly to Case Center unless a Judge has directed otherwise, because court staff are responsible for posting filed documents there. If documents were filed through Family Submissions Online, by email, or in person, filed documents must generally be uploaded into Case Center. Unless the court directs otherwise, parties are required to upload filed court documents to Case Center at least 5 days before the hearing, or at the same time as any filing deadline that is less than 5 days.