Get your Application issued
You must have your completed Form 8: Application by the court. Get your Application issued below explains how to do this.
Once your Application is issued, you get:
- A court number. This number must be written in the box at the top right hand corner of each page of your forms.
- The first court date for your case if your case is at the:
- Ontario Court of Justice
- Family Court Branch of the Superior Court of Justice, unless you're also asking for a or to divide property. If you are, there is no first court date.
There is no first court date if your case is at the Superior Court of Justice.
- 2 notices to go to a (MIP), one for you and one for your partner. You both have to go to a Mandatory Information Program, but you go to separate sessions. The Step Go to a Mandatory Information Session explains what happens at a MIP session.
- Blank forms you have to give your partner for them to fill out:
- 2 copies of Form 8.0.1: Automatic Order. This order tells you what you must do next. For example, it says that you must:
- Serve your partner with your documents and a copy of the Automatic Order.
- Attend a Mandatory Information Program (MIP) session within 45 days, if you have not already done so.
- Serve and file a with supporting documents, if there are support issues.
If you don't do these things before your , the judge might say you “have not complied”. This means you did not follow the order. You may have to pay your partner's legal costs.
After the issues your documents, you need to make at least 2 copies of all your documents. One copy is for you and the other copy is for your partner.
Make sure you keep a copy of every document you and your partner fill out. This allows you to keep track of your case yourself. You won't have to go to the court to ask the court clerk to get your file if you need to check something.
Court fees
The Ontario Court of Justice has no court fees. But, if your case is at the Superior Court of Justice or the Family Branch of the Superior Court of Justice you have to pay court fees. These include:
- $202 to file an Application
- $212 to file an Application that includes a divorce
If you can't afford to pay the court fees, you can ask the court for a “fee waiver”. If you get a waiver, it means you don't have to pay most court fees. The Ontario government's A Guide to Fee Waiver Requests tells you which court fees can be waived and how to ask for a fee waiver.
How to:
Get your Application issued
Rule 1.1 tells you how to file and issue your family law court forms and documents online. You can file your documents online or in person at the court. Depending on your family law issue and the court, you might also be able to file by email. Check the Family Law Rules and the court's orders, Notices and Practice Directions. Or call the court for more information.
Submit your Application online
You can now get your Application issued online for a family court case in the Ontario Court of Justice or the Superior Court of Justice.
To get your Application issued online, your court forms and supporting documents must be filled out, signed, and dated. Some forms and documents may need to be sworn or affirmed. If they do, it means you must swear or affirm that the information in your form is true before you sign it. You do this in front of a notary public or commissioner for taking affidavits. This person also signs and dates the form.
Your forms and documents must then be scanned and saved as PDF documents.
If your documents are not in English or French, you need a certified translation. This must also be scanned and saved as a PDF. You can find a translator through the Association of Translators and Interpreters of Ontario.
To file your court forms and supporting documents online, go to ontario.ca/familyclaims. You will need a ONe-key ID. To create this key you need an email address and have to set up a username and password.
Make sure you have everything ready before you start filing online. Once you've started, your session ends if you're inactive for 15 minutes. Your information won't be saved. You will need to start over again.
After you submit your Application and documents online, you cannot view them online later. So it's important to keep a copy of everything for your records.
You must also pay your court fees online. If you can't afford to pay the court fees, you can ask for a fee waiver certificate online so you don't have to pay most court fees.
See the question ‘How do I file court forms for my family law case online on Steps to Justice for more information.
Court response
After you submit your Application online, you get an email to confirm that your Application has been submitted, but not yet issued by the court. Don't delete the email. You should also print a copy or take a screenshot for your records.
Within 5 business days you find out if your Application has been accepted or rejected. If your Application is:
- accepted, you get an email confirming your Application has been issued
- rejected, you get an email saying your Application hasn't been issued, the reasons why it was rejected, and that any fees you paid will be refunded
If your Application is rejected, you can either:
- correct or fix all the things that led to your Application being rejected and then resubmit online, or
- get your Application issued in-person or, if allowed by the court, by email
If you don't hear from the court within 5 days, check with them to make sure your documents were submitted successfully.
If you have any questions about your specific case, call the family court in your municipality.
Submit your Application in person
If you're not allowed to, or don't want to submit your Application online, you can get them issued in person at the courthouse. To submit in person, take 3 copies of your court forms and documents to court.
If you're not which court to go to, you can call the family court in your municipality to ask.
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