2. Get your forms issued by the court

Once you fill out your forms, you must have your Application issued by the court. This means the court clerk signs, dates, and stamps them and gives you a court date.

Choose the right court

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

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

It's important that you go to the right court. See Which court do I start my family law case at? to choose the right court.

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. Decision-making responsibility and parenting time used to be called custody and access.

If you're not sure which court to go to, call the family courthouse in your municipality to ask.

Give your forms to the court

You can now submit most family law forms and supporting documents online. See How do I file court forms for my family law case online? If you're not allowed to, or don't want to file your documents online, then you have to file them in person at the courthouse.

You will get:

• A court file number. This number must be written in the box at the top right-hand corner of each page of your forms.
• The first court date for your case if your case is at the:
  • Ontario Court of Justice, or
  • Family Court Branch of the Superior Court of Justice. But if you're asking for a divorce or to divide property, then there is no first court date.
• 2 notices to go to a Mandatory Information Program, one for you and one for your partner.
• Blank forms you have to give your partner for them to fill out.

Automatic orders

Starting February 1, 2022, when you start or respond to a court case that deals with decision-making responsibility, parenting time, support, property division, or the matrimonial home, you will get 2 copies of Form 8.0.1: Automatic Order.

This order tells you what you must do next. For example, it says that you must:

• Serve your partner with your documents and a copy of the Automatic Order. See What does serving your documents mean in a family court case?.
• Attend a Mandatory Information Program (MIP) session within 45 days, if you have not already done so. See What is the Mandatory Information Program in my family court case?
• Serve and file a financial statement with supporting documents, if there are support issues. See What is a financial statement? What documents do I have to give my partner?

If you don't do these things before your case conference, the judge might say you “have not complied”. This means you did not follow the order. You may have to pay your partner's legal costs.

Pay court fees

The cost to file court forms online is the same as the cost to file them in person at a courthouse.

The Ontario Court of Justice has no court fees. But, if your case is at the Superior Court of Justice or the Family Branch of the Superior Court of Justice you have to pay court fees. These include:

• $214 to file an Application
• $214 to file an Application that includes a divorce
• $171 to file an Answer
• $214 to file an Answer that includes a divorce

If you can't afford to pay the court fees, you can ask the court for a “fee waiver”. This means you don't have to pay most court fees.

Guided Pathway for requesting a court fee waiver

CLEO

Use our Guided Pathways to fill out the form to ask for a court fee waiver.

The Ontario government's A Guide to Fee Waiver Requests tells you which court fees can be waived and how to ask for a fee waiver.