I have a family court date in the Ontario Court of Justice. What should I do?
Check here for updates from the Ontario Court of Justice:
www.ontariocourts.ca/ocj/.
The OCJ also has a guide with more information about how family cases are being heard: https://www.ontariocourts.ca/ocj/notices/scheduling-of-family-matters/.
The Ontario Court of Justice (OCJ) deals with family matters:
- in person in court,
- virtually, either by video or phone,
- or a mix of in person and remote.
Starting October 10, family cases are heard as follows:
| Type of hearing: | Method of hearing: |
| First appearance or first court date | Virtual in the North East and North West, unless the judge says something else.
In person in Toronto, Central West, and West, unless the judge says something else. |
| First | Virtual, unless the judge says something else |
| Continuing case conference | Virtual, unless the judge says something else |
| Settlement conference | In person, unless the judge says something else |
| Trial management conference | Virtual, unless the judge says something else |
| Combined conferences | In person, unless the judge says something else |
| Motion | Virtual, unless the judge says something else |
| Trial audit or assignment court | Virtual, unless the judge says something else |
| Trials | In person, but witnesses may be able to take part virtually, unless the judge says something else |
(FRO) issues are heard as follows:
| Type of hearing: | Method of hearing: |
| FRO – first appearances | In person, unless the judge says something else |
| FRO To Be Spoken To (TBST) appearances | Virtual, unless the judge says something else |
| FRO default hearing for temporary or final orders that deal with jail time | In person, unless the judge says something else |
| FRO for a Warrant of Committal | In person, unless the judge says something else |
| FRO refraining order | Virtual, unless the judge says something else |
Child protection issues are heard as follows:
| Type of hearing: | Method of hearing: |
| First appearance if a child has been brought to a place of safety | In person, unless the judge says something else |
| First appearance if a child has not been brought to a place of safety and a status review application | In person, unless the judge says something else |
| Case conference | Virtual, unless the judge says something else |
| Settlement conference | In person, unless the judge says something else |
| Trial management conference | Virtual, unless the judge says something else |
| Combined conference | In person, unless the judge says something else |
| Motion | In person, unless the judge says something else |
| Trial audit or assignment court | Virtual, unless the judge says something else |
| Trial | In person but witnesses may be allowed to take part virtually, unless the judge says something else |
If you're not sure how your issue will be heard, contact your local court.
The OCJ has a guide on how to prepare for court. It has specific information on each type of hearing – in person, phone, and virtual. And here are some tips on how to behave in court for an in-person your hearing.
Virtual hearings
A virtual 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, case conference, 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 Justice Services Online website: Read the question How do I file court forms for my family law case online? for more information.
- By email to your local court: The list of email addresses for each court can be found at www.ontariocourts.ca/ocj/covid-19/courthouse-email-addresses/. 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.
