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Family Law FAQ (Ontario) with Rule References

What are the Family Law Rules?

 

The Family Law Rules govern virtually all family court proceedings in Ontario, including divorce, parenting disputes, child support, spousal support, property division, child protection matters, and motions to change existing orders. The primary objective of the Rules is to enable the court to deal with cases justly, fairly, and efficiently. (Rules 1 and 2)[Family Law Rules.pdf | PDF]

 

How do I start a family court case?

 

Most family law cases are started by filing an Application (Form 8 and related forms) with the appropriate court. The Application sets out the claims you are asking the court to determine. (Rule 8(1)) [Family Law Rules.pdf | PDF]

 

Where should I file my family court case?

 

Generally, a family case must be started:

  • In the municipality where a party resides; or

  • In parenting cases, where the child habitually resides.

 

Exceptions may apply in emergencies involving immediate danger to a child or party. (Rule 5(1), Rule 5(2)) [Family Law Rules.pdf | PDF]

 

How long does the other party have to file a response?

 

A respondent has:

  • 30 days to serve and file an Answer if served within Canada or the United States (Rule 10(1));

  • 60 days if served outside Canada or the United States (Rule 10(2)).

 

Failure to respond may allow the case to proceed without their participation. (Rule 1(8.4), Rule 10(5)) [Family Law Rules.pdf | PDF]

 

Can I represent myself in family court?

 

Yes. A party may:

  • Act in person;

  • Retain a lawyer;

  • In limited circumstances, be represented by a non-lawyer with court permission.

 

(Rule 4(1)) [Family Law Rules.pdf | PDF]

 

What is a limited scope retainer?

 

A limited scope retainer allows a lawyer to assist with only part of a case rather than assuming full carriage of the matter. Ontario family law rules expressly recognize limited scope retainers. (Rule 4(0.1), Rule 4(1.2), Rule 4(1.3)) [Family Law Rules.pdf | PDF]

 

What is an Automatic Order?

 

In many parenting, support, property, and matrimonial home cases, the court automatically issues an Automatic Order when a claim is made. The order is intended to preserve the status quo while the proceeding is ongoing. (Rule 8.0.1(1)-(5)) [Family Law Rules.pdf | PDF]

 

What is the Mandatory Information Program (MIP)?

 

The Mandatory Information Program provides information about:

  • Separation and divorce;

  • Parenting after separation;

  • Court processes;

  • Alternative dispute resolution options.

 

Most parties must attend within 45 days after a case starts. (Rule 8.1(3)-(5)) [Family Law Rules.pdf | PDF]

 

Can I file court documents electronically?

 

Yes. Most family court documents may be filed electronically through Ontario's Justice Services Online platform, provided the relevant document qualifies for e-filing. (Rule 1.1(1)-(7)) [Family Law Rules.pdf | PDF]

 

What is financial disclosure?

 

Financial disclosure is the obligation to provide complete and accurate financial information when support or property issues are involved. This often includes income information, tax returns, notices of assessment, banking records, investments, pensions, debts, and business records. (Rule 13(1), Rule 13(3.1), Rule 13(3.3)) [Family Law Rules.pdf | PDF]

 

When do I have to provide a Financial Statement?

 

A Financial Statement must generally be filed whenever a party makes or responds to:

  • A support claim;

  • A property claim; or

  • A claim for exclusive possession of the matrimonial home.

 

(Rule 13(1)) [Family Law Rules.pdf | PDF]

 

What is the difference between Form 13 and Form 13.1?

​

  • Form 13 is used for support claims where no property claim is involved. (Rule 13(1.1))

  • Form 13.1 is used whenever property division or exclusive possession of the matrimonial home is at issue. (Rule 13(1.2)) [Family Law Rules.pdf | PDF]

 

What happens if someone refuses to provide financial disclosure?

 

The court has extensive powers to address non-disclosure, including:

​

  • Ordering further disclosure;

  • Awarding costs;

  • Striking pleadings;

  • Preventing a party from using evidence;

  • Restricting participation in the proceeding.

 

(Rule 1(8), Rule 1(8.1), Rule 13(17), Rule 19(10)) [Family Law Rules.pdf | PDF]

 

What is a Case Conference?

 

A Case Conference is often the first court appearance before a judge in a contested matter.

 

Its purposes include:

  • Exploring settlement;

  • Identifying issues;

  • Ensuring disclosure;

  • Establishing timetables;

  • Organizing future steps.

 

(Rule 17(4)) [Family Law Rules.pdf | PDF]

 

What is a Settlement Conference?

 

A Settlement Conference focuses primarily on resolving all or part of the dispute and preparing the matter for trial if settlement cannot be achieved. (Rule 17(5)) [Family Law Rules.pdf | PDF]

 

What is a Trial Management Conference?

 

A Trial Management Conference helps ensure that the trial proceeds efficiently by addressing:

  • Witnesses;

  • Expert reports;

  • Trial schedules;

  • Time estimates;

  • Evidentiary issues.

 

(Rule 17(6)) [Family Law Rules.pdf | PDF]

 

Do I have to attend conferences?

 

Generally, yes. Most defended family law cases require at least one conference before the matter progresses. (Rule 17(1)) Parties and their lawyers are generally required to attend. (Rule 17(15)) [Family Law Rules.pdf | PDF]

 

Can I bring a motion before a Case Conference?

 

Generally, no. A substantive motion cannot usually proceed until a conference dealing with substantive issues has occurred. (Rule 14(4))

 

Exceptions include:

  • Urgency;

  • Hardship;

  • Child protection matters;

  • Certain procedural motions.

 

(Rule 14(4.2), Rule 14(6)) [Family Law Rules.pdf | PDF]

 

What qualifies as an urgent motion?

 

A motion may proceed without notice where there is:

  • Immediate risk of child abduction;

  • Immediate danger to a child;

  • Immediate danger to a party's safety;

  • Circumstances where notice would cause serious consequences.

 

(Rule 14(12)) [Family Law Rules.pdf | PDF]

 

How are court documents served?

 

Documents may be served by:

​

  • Personal service;

  • Mail;

  • Courier;

  • Fax;

  • Email;

  • Electronic document exchange.

 

(Rule 6(2), Rule 6(3)) [Family Law Rules.pdf | PDF]

 

What if I cannot locate the other party?

 

The court may permit:

  • Substituted service; or

  • Dispensing with service entirely

 

where reasonable efforts have been made and traditional service is not possible. (Rule 6(15), Rule 6(16)) [Family Law Rules.pdf | PDF]

 

What is document disclosure?

 

Parties generally have the right to obtain documents relevant to issues in dispute. Upon request, a party may be required to provide an affidavit listing all relevant documents within their control. (Rule 19(1)) [Family Law Rules.pdf | PDF]

 

Can I question the other party before trial?

 

Yes. In appropriate circumstances, a party may obtain questioning (formerly called examinations) to gather evidence before trial. In many cases, court permission is required. (Rule 20(4), Rule 20(5)) [Family Law Rules.pdf | PDF]

 

Are expert witnesses allowed in family court?

 

Yes. Expert evidence may be used regarding parenting, psychological issues, business valuations, income determinations, and other specialized matters. Experts owe an overriding duty to provide impartial and objective evidence. (Rule 20.1(2)-(3), Rule 20.2) [Family Law Rules.pdf | PDF]

 

Can the court appoint its own expert?

 

Yes. The court may appoint an independent expert to investigate and report on issues relevant to the case. (Rule 20.3(1)-(8)) [Family Law Rules.pdf | PDF]

 

What is an Offer to Settle?

 

An Offer to Settle is a formal written proposal aimed at resolving all or part of a dispute. Offers can have significant consequences concerning legal costs. (Rule 18(1)-(16)) [Family Law Rules.pdf | PDF]

 

Can refusing a reasonable settlement offer affect costs?

 

Yes. A party who refuses a reasonable Offer to Settle may face substantial costs consequences if the eventual court order is less favourable than the offer. (Rule 18(14)-(16)) [Family Law Rules.pdf | PDF]

 

What happens at a trial?

 

At trial:

​

  1. Evidence is presented;

  2. Witnesses testify;

  3. Experts may testify;

  4. Documents are introduced;

  5. Legal arguments are made.

 

The judge then delivers a decision and issues final orders. (Rule 23) [Family Law Rules.pdf | PDF]

 

Can I change an existing court order?

 

Yes. A party seeking to change a final order generally does so through a Motion to Change. Common changes involve parenting arrangements, support obligations, or other ongoing orders. (Rule 15) [Family Law Rules.pdf | PDF]

 

What happens if someone ignores a court order?

 

The court may impose serious sanctions including:

​

  • Costs;

  • Striking pleadings;

  • Dismissal of claims;

  • Contempt proceedings;

  • Enforcement remedies.

 

(Rule 1(8), Rule 31, Rule 26) [Family Law Rules.pdf | PDF]

 

How are support orders enforced?

 

Support orders may be enforced through:

​

  • The Family Responsibility Office (FRO);

  • Garnishment;

  • Seizure and sale;

  • Financial examinations;

  • Default hearings.

 

(Rule 26(3), Rules 27-30) [Family Law Rules.pdf | PDF]

 

Can the court order one party to pay the other's legal fees?

 

Yes. There is a presumption that the successful party is entitled to costs. Courts also consider conduct, settlement offers, proportionality, and reasonableness when making costs awards. (Rule 24(1), Rule 24(5), Rule 24(12)) [Family Law Rules.pdf | PDF]

 

What happens if a party acts in bad faith?

 

Where a party acts in bad faith, the court must generally award costs on a full recovery basis and order immediate payment. (Rule 24(8)) [Family Law Rules.pdf | PDF]

 

How can Michael Coristine Law help?

 

Michael Coristine Law assists clients with all stages of Ontario family court proceedings, including:

​

  • Divorce

  • Parenting disputes

  • Child support

  • Spousal support

  • Property division

  • Emergency motions

  • Trials

  • Appeals

  • Enforcement proceedings

  • Motions to Change

 

Our firm provides strategic, practical, and results-oriented advocacy designed to protect your rights and achieve efficient resolutions under Ontario's Family Law Rules.

 

Contact Michael Coristine Law today for a confidential consultation about your family law matter.

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