Archives: Family Flowcharts

If you and your partner can’t agree on what should happen, you must think about using alternative dispute resolution (ADR) or a family dispute resolution process to resolve your issues out of court if it’s suitable for you. ADR might not be right for you if:

one person is afraid of another person because there is a history of family violence
there are serious mental health or drug abuse issues

But sometimes,

You have a lot to do to prepare for your trial.
Until now, you and your partner put all the documents you wanted the judge to look at in the continuing record. You can’t use the continuing record for your trial. Instead, Rule 23: Evidence and Trial says you must use a Trial Record.

Case conferences are held either in a courtroom or a conference room at the court. If you and your partner don’t have lawyers, it’s likely to be in a courtroom.
Usually there is a board near the entrance to the court or outside each courtroom that lists the cases being heard in court that day with their room number.

The first time you and your partner speak with a judge about your case is at a case conference. At a case conference, you and your partner (and your lawyers if you have them) meet with a judge to discuss and try and agree on your issues.
The goal of a case conference is to get you and your partner to agree on some or all of your issues without going to a motion or a trial.

You have a first court date 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 divorce or to divide property

Cases at the Superior Court of Justice don’t have a first court date.
Your first court date is the date written on your partner’s Application.

Usually, you have to go to a Mandatory Information Program (MIP) session before your court case can continue. You have to go within 45 days from when your partner started your case.
Your partner also has to go to a MIP session but each of you goes to a separate one.

To respond to your partner’s claims, or what they’re asking for, you have to fill out Form 10: Answer. The form should be in the documents your partner served. If it isn’t, you can find it and any other family law court form, from the courthouse or online.

If your partner started a court case against you and you have to respond to court documents that you got from them, you’re called the respondent. Your partner started the case and is called the applicant. You’re both known as the parties in your family court case.
Your partner must follow Rule 6: Service of documents when they give you a copy of their documents to let you know they have started a case against you.

If you and your partner haven’t sorted out the issues after one or more case conferences, the judge may schedule a settlement conference.
The goal of a settlement conference is to help you and your partner settle the issues you still don’t agree on. Every conference is a chance for you to come closer to agreeing on your issues with your partner.

You can bring a motion on consent at any time, even before a case conference.
If you and your partner agree on what you’re asking for in the motion, you have to first make a written agreement. This written document is called a consent or minutes of settlement. In it, you list the orders you agree on.