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Family Court Ontario: Frequently Asked Questions

If you are starting or responding to a family court case in Ontario, understanding the court process can help reduce stress and avoid costly mistakes. The following FAQ explains the family court process step-by-step in plain language and is designed to help individuals dealing with parenting, child support, spousal support, and other family law issues. [ontariocourts.ca]

 

Starting a Family Court Case

 

How do I start a family law case in Ontario?

 

Most family law cases begin by completing and filing the appropriate court forms. You may start a case involving:

  • Parenting time

  • Decision-making responsibility

  • Child support

  • Spousal support

  • Other family law claims

 

Once the forms are completed, they must be filed with the court and formally served on the other party. [ontariocourts.ca]

 

What happens after I complete my court forms?

 

After your forms are prepared, you must have them issued by the court. Court staff will:

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  • Review the documents

  • Sign, date, and seal them

  • Assign a court file number

  • Schedule your First Appearance date

  • Provide Mandatory Information Program materials

 

Your case officially begins once the documents have been issued. [ontariocourts.ca]

 

Can I file family court documents online?

 

Yes. Ontario offers electronic filing options.

 

Depending on your location, documents may be filed through:

​

  • The Ontario Courts Public Portal (Toronto region)

  • Family Submissions Online (Justice Services Online)

  • In person at the courthouse

 

Electronic filing has become the most common way to submit family court documents in Ontario. [ontariocourts.ca]

 

Do I need a lawyer to start a family court case?

 

No. You may represent yourself in family court. However, family law proceedings often involve strict deadlines, financial disclosure requirements, and procedural rules. Many individuals choose to obtain legal advice before filing documents or attending court.

 

Serving Court Documents

 

What does "serving" documents mean?

 

Serving documents means formally providing copies of court documents to the other party so they know about the case and have an opportunity to respond.

 

Proper service is required in almost every family court proceeding. [ontariocourts.ca]

 

How do I serve family court documents?

 

Service must comply with Rule 6 of the Family Law Rules. Different documents require different methods of service, including:

​

  • Special service

  • Regular service

  • Email service (where permitted)

  • Service through a lawyer

 

Using the wrong method of service may delay your case. [ontariocourts.ca]

 

Do I have to prove that documents were served?

​

Yes.

 

After documents are served, an Affidavit of Service (Form 6B) must be completed and filed with the court. This document confirms:

​

  • What was served

  • Who was served

  • When service occurred

  • How service took place

 

The court generally requires proof of service before moving the case forward. [ontariocourts.ca]

 

What happens if I cannot locate the other party?

 

In some situations, the court may permit alternative methods of service, commonly referred to as substituted service. The court must be satisfied that reasonable attempts have been made to locate the other individual.

 

Responding to a Family Court Case

 

What should I do if I am served with family court documents?

 

You should:

​

  1. Carefully review all documents.

  2. Obtain legal advice if possible.

  3. Prepare and file your response before the applicable deadline.

  4. Attend all scheduled court dates.

 

Ignoring a family court application can result in orders being made without your participation.

 

Do I have to attend court if I disagree with the claims?

 

Yes. If you disagree with what the other party is requesting, you should file an Answer and participate in the court process. Failure to respond may result in the court proceeding without you.

 

Mandatory Information Program (MIP)

 

What is the Mandatory Information Program?

 

The Mandatory Information Program (MIP) is an educational session required in many family law cases.

 

The program provides information about:

​

  • Family court procedures

  • Separation and divorce

  • Parenting after separation

  • Support obligations

  • Alternative dispute resolution options

 

The goal is to help parties better understand the family justice system. [ontariocourts.ca]

 

Do both parties have to attend the Mandatory Information Program?

 

In most family law cases, yes. Each party typically attends separately and receives a certificate confirming attendance.

 

Court Appearances

 

What is a First Appearance?

 

The First Appearance is usually the first scheduled court date after your case is issued.

 

At this appearance, the court may:

  • Review procedural requirements

  • Confirm filing and service

  • Discuss next steps

  • Schedule conferences or future court dates

 

[ontariocourts.ca]

 

What happens after the First Appearance?

 

The next stage often includes one or more conferences, such as:

​

  • Case Conferences

  • Settlement Conferences

  • Trial Management Conferences

 

These court appearances help narrow issues, encourage settlement, and prepare the case for hearing or trial.

 

Will my family law case go to trial?

 

Not necessarily.

 

Many family law matters resolve through:

​

  • Negotiation

  • Mediation

  • Settlement conferences

  • Consent orders

 

A trial is generally reserved for cases where parties cannot resolve their disagreements through other means.

 

Case Center and Virtual Hearings

 

What is Case Center?

 

Case Center is the Ontario Court of Justice's cloud-based document sharing and hearing platform.

It allows parties, lawyers, and judges to access court documents electronically during both virtual and in-person hearings. [ontariocourts.ca]

 

Does Case Center replace filing court documents?

​

No.

 

You must still file your documents with the court through approved filing methods. Case Center is used for document sharing and hearings, but it does not replace formal filing requirements.[ontariocourts.ca]

 

Do I have to upload documents to Case Center?

 

In many regions of Ontario, yes.

 

Parties who file through Family Submissions Online, email, or in person are generally required to upload filed documents to Case Center. Court documents should typically be uploaded at least five days before the hearing, unless the court directs otherwise. [ontariocourts.ca]

 

Can I attend family court virtually?

 

Many family law matters now proceed virtually or in hybrid formats. Case Center supports electronic hearings and document access for both lawyers and self-represented parties.[ontariocourts.ca]

 

Family Law Process and Timing

 

How long does a family law case take?

 

The timeline depends on factors such as:

  • Complexity of the issues

  • Court availability

  • Financial disclosure disputes

  • Parenting assessments

  • Settlement efforts

 

Some cases resolve within months, while others may take significantly longer.

 

What can delay a family law case?

 

Common causes of delay include:

​

  • Failure to provide disclosure

  • Improper service

  • Missed filing deadlines

  • Multiple contested motions

  • Parenting assessments

  • Trial scheduling issues

 

Early legal advice can often help avoid unnecessary delays.

 

Working With Michael Coristine Law

 

How can Michael Coristine Law help with my family court case?

 

Michael Coristine Law represents clients throughout Toronto and the Greater Toronto Area in matters involving:

 

  • Parenting disputes

  • Decision-making responsibility

  • Parenting time

  • Child support

  • Spousal support

  • Property division

  • Emergency motions

  • Enforcement proceedings

  • Motions to change

  • Family court trials

 

We guide clients through every stage of the Ontario family court process, from filing documents to final resolution.

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