I have a family court date in the Superior Court of Justice. What should I do?
www.ontariocourts.ca/scj
The Superior Court of Justice (SCJ) deals with family matters:
- in person in court,
- remotely, either by video or phone,
- or a mix of in person and remote.
Family cases are heard as follows:
| Type of hearing: | Method of hearing: |
| First appearance court | Remote |
| Early or urgent conference | Remote |
| Urgent | Remote |
| Case conferences, settlement conferences, trial management conferences focused on settlement | In person |
| Procedural motions and motions on consent | In person |
| Trials | In person unless all agree to a remote trial and the court approves it |
(FRO) issues are heard in person.
Child protection issues are heard as follows:
| Type of hearing: | Method of hearing: |
| First hearing, if a child has been brought to a place of safety | Remote |
| Case conferences, settlement conferences, trial management conferences focused on settlement | In person |
| Trial scheduling conferences and other trial management conferences | Remote |
| Motions on consent and procedural motions | In writing |
| Trials | In person unless all agree to a remote trial and the court approves it |
These are general guidelines. Before deciding on how to hold a hearing, the court considers things like:
- the issues the hearing is about,
- how long the hearing is expected to take,
- whether the parties have lawyers, and
- whether the parties have what they need to take part in a remote or phone hearing, for example, an internet connection.
Check with your local court if you need more information.
The SCJ has a guide about how to behave in a remote hearing, and some tips for remote hearings. Luke's Place also has a guide for remote hearings. And here are some tips about how to behave in court for an in-person hearing.
Remote hearings
A remote hearing is held by video and is called a videoconference. They use a free software called Zoom that is available on a web browser or can be downloaded on your phone, tablet, or computer.
You should get the Zoom meeting details for a first appearance when your Application is . For other hearings, you should receive an email with instructions on how to join the remote hearing and the day and time of your hearing. If you don't have this information, contact your local court before your court date.
Some things to keep in mind for your remote hearing:
- Test your internet connection ahead of time.
- Try and use a device with a camera, such as a computer, tablet, or smart phone.
- Make sure your computer is charged and that you have a charger close by.
- Find a quiet space with good lighting and a suitable background.
- Use a headset, if possible.
- Log in to your hearing 15 minutes early.
- Your screen name should be your given name and last name.
- Raise your hand when you want to speak.
- Speak slowly and clearly.
- Mute your microphone when you're not speaking.
If you have problems during the hearing, for example, you can't hear the judge or the other , raise your hand to let the judge know. If you get disconnected, try to join again.
Phone hearings
You should receive instructions on how to join your phone hearing, and the day and time of your hearing. If you don't get this information before your court date, contact your local court.
Some things to keep in mind for your phone hearing:
- Call in to your hearing at least 10 minutes early.
- Find a quiet space.
- A landline is better than a cell phone. If you're using a cell phone, put it on silent mode until your hearing starts. This way your phone notification sounds don't disturb the hearing.
- Don't use speakerphone or put the call on hold, as the sounds may disturb the hearing.
- Before you speak, say your name for the record.
- Speak slowly and clearly.
If there's a problem with your phone connection or you can't hear the judge or the other party, let the judge know. If you get disconnected, try to call again.
In-person hearings
COVID-19 screening is no longer required to enter a courthouse. But you should still check to see if you have any COVID-19 symptoms. You can use the government's screening tool but you don't have to show the results when you get to court.
Contact your local court for more information.
Court lists
The court posts a list of cases they're hearing for the current day and next day on their website. After selecting your municipality, legal area, for example, family, civil, or criminal, and court location, you get a list. The list includes the:
- name of the party
- case number
- time
- room number
- reason for the court appearance, for example, motion, , or pre-trial
These lists are updated at least once daily at 8 a.m. This means your case might not be on the list if, for example, your case is to be heard by affidavit evidence only, or was added to the list after 8 a.m.
Court filings
You can your documents:
- Online using the the Justice Services Online website: Read the question How do I file court forms for my family law case online? for more information.
- By email: Check the court’s website for more information on how to your documents. Read the question How can I file forms and documents in my family law case?
- In person at your local court: If you can't file online or by email, contact your local court to find out the court hours for when you can file documents in person at court.
Legal help
Legal Aid Ontario
You can get summary legal advice and services over the phone from Legal Aid Ontario (LAO) at 1-800-668-8258 or, in Toronto, at 416-979-1446.
Mediation
Each family court location in Ontario offers subsidized mediation services. You can get up to 8 hours of for a fee that is based on each person's income and number of dependents. Fees start as low as $5 per hour. And if you have a court case, you can get up to 2 hours of mediation for free.
Contact service providers for an appointment or more information.
