1. Choose the right court

You start a family law court case by bringing an application. In your application, you list all the orders you're asking the judge to make. If you want to ask the judge for more than a restraining order, you should include those things in your application.

You can ask for orders dealing with a divorce, decision-making responsibility, parenting time, child support, spousal support, and dividing property. Decision-making responsibility and parenting time used to be called custody and access.

If you're starting a family law court case, you're called the applicant. Your partner is called the respondent. You're both known as the parties in your court case.

The family court process follows strict rules. There is a rule about what is needed at every step in a court case. These rules are called the Family Law Rules. Reading them can help you as you fill out court forms and go through the court process.

This family law court process flowchart explains each step in a family law court case.

Family court

There are 3 different courts that deal with family law issues in Ontario. They are the:

• Family Court branch of the Superior Court of Justice
• Superior Court of Justice
• Ontario Court of Justice

Any of these courts can give you a restraining order. But you have to start your case in a court that:

1. Deals with the family law issues you need to resolve. For example, the Ontario Court of Justice doesn't deal with divorces or dividing property.
2. Is in the municipality where you or your partner live. But, if your issues are about decision-making responsibility or parenting time, you usually go to the court in the municipality where your child lives.

If you're not sure which court to use, you can call the family courthouse in your municipality.  You can also call the Victim Support Line toll-free at 1-888-579-2888 or 416-314-2447.