Archives: Family Flowcharts

Ontario has 3 different courts that deal with family law issues. These are the:

Family Court Branch of the Superior Court of Justice
Superior Court of Justice
Ontario Court of Justice

It’s important that you go to the right court. Rule 5: Where a case starts and is to be heard tells you where you should start your family law case.

If your partner started a court case against you and you have to respond to court papers that you got from them, you’re called the respondent. Your partner is called the applicant. You’re both known as the parties in your family court case.
The family court process follows strict rules. There is a rule about what’s needed at every step in a court case.

If you’re starting a court case, you’re called the applicant. Your partner is called the respondent. You’re both known as the parties in your family court case.
The family court process follows strict rules. There is a rule about what’s needed at every step in a court case. These rules are called the Family Law Rules.

Once you’ve gone through the family court process, you will have an order, usually written out in an endorsement that decides the issues in your case.
You or your partner should now get a formal signed order from the court. You must fill out Form 25: Order listing all the orders in the endorsement.

Being well prepared before your trial will make the trial go more smoothly. The Ontario Court of Justice has a helpful resource for people who are representing themselves in their trial called “Representing Yourself at Your Family Law Trial – A Guide”. And the Superior Court of Justice has a guide called “A Guide to Process for Family Cases at the Superior Court of Justice”

Being well prepared before your trial will make the trial go more smoothly. The Ontario Court of Justice has a helpful resource for people who are representing themselves in their trial called “Representing Yourself at Your Family Law Trial; A Guide”. And the Superior Court of Justice has a guide called “A Guide to Process for Family Cases at the Superior Court of Justice”

If your partner disagrees with some or all of your claims, or what you’re asking for, you don’t need to respond to their Form 10: Answer.
You continue to follow the steps in your court case and go on to your Mandatory Information Program (MIP) session. The Step Go to your Mandatory Information Program gives you more information about the MIP.

Your partner has 30 days to fill out, serve, and file their documents in response to your documents.
But, if they need more time, they can bring a regular motion asking the court for more time to file their response. The Step Bring a regular motion gives you more information about how they can do this.

Not everyone can resolve their legal issues on their own. If you and your partner can’t agree on some or all of the issues:

You must consider using an alternative dispute resolution (ADR) or family dispute resolution process to resolve your issues out of court if it’s suitable. The Step Get help from a family law professional explains this option in more detail and lists some of the reasons why you may or may not want to use it.

If you and your partner mostly agree on what you want to happen when you separate, you may not have to go to court. Going through the family court process can take a lot of time and cost a lot of money. It can also be a very emotional and stressful experience for you and your children.