This chart explains the steps for starting a family law court case. If you are starting the case, you are called ‘the applicant’. The other party- the person you are taking to court- is called ‘the respondent’. To learn more about the steps, get legal advice from a family law lawyer, such as: Duty counsel; Legal Aid Ontario; or a Family Law Information Centre. Download forms at: ontariocourtforms.on.ca/en/family-law-rules-forms/ . You can also get forms from your local courthouse. Note: This chart does not deal with matters that involve Children’s Aid Societies.

1COMPLETE INITIAL FAMILY COURT DOCUMENTS

1. Complete Form 8: Application (General)
2. Complete financial statement forms for support payments.
3. For decision-making responsibility, parenting time, or access to a child who is not yours (e.g., grandchild), complete Form 35.1: Affidavit (decision-making responsibility, parenting time, contact).

2FILE COURT DOCUMENTS/COURT ISSUES APPLICATION

File the documents at the courthouse or online.

• You will be given a court file number. You will need to put this number on future documents.
• The court clerk will give you:
  • 2 notices to go to a Mandatory Information Program. One is for you and one is for the respondent.
  • Blank forms to give to the respondent.
  • 2 copies of Form 8.0.1: Automatic Order. One copy is for you and one is for the respondent. You must both follow instructions.

follow the instructions in this order before the case conference.

3SERVE DOCUMENTS TO RESPONDENT(S)

1. Serve the documents using Special Service or Regular Service.
2. Special Service must be done the first time you serve respondent.
3. You can hire a process server, that you pay for.

4COMPLETE & FILE AN AFFIDAVIT OF SERVICE (FORM 6B)

File at the courthouse or online.

5RESPONDENT RESPONDS TO THE DOCUMENTS

The respondent has 30 days to complete, serve, and file their documents.

6FIRST COURT DATE

The court will make sure all documents are completed and scheduled a case conference.

7-1PREPARE FOR CASE CONFERENCE

• Talk to the respondent about: sharing financial information, timelines, and if you can agree on issues. A lawyer can help you.


• Complete form 17A. This is a case conference brief. Serve to respondent at least 6 days before court.


• The court may ask for updated financial statements.


• Complete and file form 6B.

7-2CASE CONFERENCE

• The goal is to get you and the respondent to agree on issues.


• If there is agreement, you can get a consent order.


• TYou can have multiple case conferences.


• If there is no agreement, the court will schedule a settlement conference.

8-1PREPARE FOR SETTLEMENT CONFERENCE

• Complete, serve, and file Form 17C. This is a settlement conference brief.


• If there are property issues, complete, serve and file Form 13B & 13C.


• Complete and file Form 6B.

8-2SETTLEMENT CONFERENCE

• Goal is to resolve issues, hear the judge’s opinions, and next steps.


• You can have multiple settlement conferences.


• If there is no agreement, the court will schedule a trial management conference.

9PREPARE FOR TRIAL MANAGEMENT CONFERENCE

• Complete, file, and serve a Trial Scheduling Endorsement, an Offer to Settle, and a draft opening statement.


• This needs to be completed at least 6 days before the court date.


• Complete and file a Form 6B.

10TRIAL MANAGEMENT CONFERENCE

• This is the last chance to resolve issues before trial.


• Timelines, witnesses, and evidence will be set for trial.

11PREPARE FOR TRIAL

• Prepare trial record. Complete, serve and file at least 20 days before trial.


• Complete and file a Form 6B.

12TRIAL

• Bring 3 copies of the Trial Record. One is for you, one is for the respondent, and one is for the judge.


• What happens at trial:


• 1. Opening statements for applicant and respondent.
  2. The applicants’ evidence is presented.
  3. The respondents’ evidence is presented.
  4. The applicant can respond to the respondents’ evidence.
  5. Closing statements for both parties.
  6. The judge makes a decision about the case.

MOTION

A motion is a formal request asking the judge to make a decision or take a specific action in the case. It is like asking the judge for permission to do something during a legal proceeding.

To change a final court order, you can bring a “Motion to Change”.

There are other types of motions that you can bring forward, such as an urgent motion.

BRINGING A MOTION