Family Court & Litigation
The ingredients to staying out of court are:
When those ingredients are not present, court may be required, and you will need an advocate who will argue your case effectively and defend your best interests.
We know the court system well and have appeared at all levels of court in Ontario. We understand its procedures, its personnel and the other lawyers who practice in it. Sometimes we can use court to bring the other side to the table and negotiate an out-of-court settlement. Other times we must go as far a trial.
Whatever the case, when we go to court, we go in with a plan for getting you the relief you need
Starting a Family Court Case in Ontario
A family court case in Ontario begins with an Application, which outlines the claims being made (e.g., custody, support, property division) and facts alleged in support of those claims (i.e. what you want and why you want it).
The respondent must file an “Answer” to the Application within 30 days of being served, responding to each claim and making any counterclaims.
If necessary, the applicant may file a “Reply” within 10 days of receiving the Answer.
These timelines are important. Missing them can result in default judgments or delays
Starting a Case Summary:
Start with an Application. Respond with an Answer in 30 days. Optional Reply within 10 days.
Financial Disclosure Requirements
Financial disclosure is critical in any family law case involving support or property. Parties must complete a Financial Statement (Form 13 or 13.1) and provide supporting documents such as tax returns, pay stubs, and bank statements.
In most cases, your Financial Statement must accompany your Application or Answer. The documents that support the figures given in your Financial Statement must also be served and filed early in the process, and failure to comply can lead to court sanctions or adverse findings.
Finally, financial disclosure is an ongoing obligation. That means you must update your Financial Statement regularly throughout the court process. If you obtain financial documents at any time that are relevant to the court proceeding, you must usually provide them to the other side right away through your lawyer’s office
Financial Disclosure Summary:
Complete Form 13/13.1. Include tax returns, pay stubs, bank statements. Early disclosure is key to a timely resolution of your file.
Case Conference, Settlement Conference, and Trial Management Conference
Family court conferences are critical parts of the Family Court process. They help manage the case and encourage resolution.
A Case Conference is usually the first formal step in a family court proceeding. It’s a chance for the parties and their lawyers to meet with a judge to identify the issues in dispute, discuss possible resolutions, and ensure that financial disclosure has been exchanged. The judge’s role is not to make final decisions, but to guide the parties toward settlement and ensure the case is moving forward efficiently. Clients should be prepared to speak about their goals and concerns, but the lawyers typically do most of the talking. Before the conference, each party must file a Case Conference Brief (Form 17A) and a Confirmation Form (Form 14C) to confirm attendance and outline the issues to be discussed. The judge may offer non-binding recommendations and can make procedural orders to help streamline the case.
A Settlement Conference is held after the Case Conference and is focused on resolving the remaining issues without going to trial. The judge takes a more active role in assessing the strengths and weaknesses of each party’s position and may offer candid feedback to encourage settlement. Clients should expect the judge to ask direct questions and may be asked to consider compromises. The parties must file a Settlement Conference Brief (Form 17C), which includes updated financial information and proposals for resolution. A Confirmation Form is also required. If settlement is not reached, the judge may help narrow the issues and set timelines for trial preparation. This conference is often the last opportunity to resolve the matter before incurring the costs and stress of preparing for trial.
A Trial Management Conference (TMC) is the final conference before a case is placed on the list for trial. Its purpose is to ensure that both parties are ready for trial and that the trial will proceed efficiently. The judge’s role is to confirm that financial disclosure is complete, that witnesses are identified, and that trial materials are filed. Clients may not need to speak unless there are specific questions, but they should be aware of the trial plan and any remaining issues. Each party must file a Trial Management Conference Brief (Form 17E) and a Confirmation Form. The judge may set time limits for each party’s presentation and confirm the trial dates. Settlement discussions tend to minimal at this stage—this attendance is more about logistics and readiness.
Court Conferences Summary:
Case: identify issues. Settlement: resolve disputes. Trial Mgmt: prep for trial. File briefs/forms early.
Financial Disclosure Requirements
Financial disclosure is critical in any family law case involving support or property. Parties must complete a Financial Statement (Form 13 or 13.1) and provide supporting documents such as tax returns, pay stubs, and bank statements.
In most cases, your Financial Statement must accompany your Application or Answer. The documents that support the figures given in your Financial Statement must also be served and filed early in the process, and failure to comply can lead to court sanctions or adverse findings.
Finally, financial disclosure is an ongoing obligation. That means you must update your Financial Statement regularly throughout the court process. If you obtain financial documents at any time that are relevant to the court proceeding, you must usually provide them to the other side right away through your lawyer’s office
Financial Disclosure Summary:
Complete Form 13/13.1. Include tax returns, pay stubs, bank statements. Early disclosure is key to a timely resolution of your file.
Interim Motions
An interim motion is a request for a temporary court order that addresses pressing issues while the broader family law case is still ongoing. These motions are common in Ontario family court and can deal with matters such as parenting time, child or spousal support, exclusive possession of the matrimonial home, or restraining orders.
At an interim motion, the judge’s role is to assess the immediate needs of the parties and children based on the written materials and any oral submissions. The judge does not decide the final outcome of the case but may issue temporary orders to stabilize the situation until trial or settlement. These orders can significantly affect day-to-day life, especially in cases involving children or financial hardship.
At an interim motion, lawyer’s work with clients to present a clear and persuasive “affidavit” that outlines the facts, the relief being sought, and why it is necessary.
Some interim motions can be decided on written materials. But others are resolved by the clients and lawyers attending and making oral presentations to the judge.
Much like the Application/Answer/Reply phase of the proceeding, on an interim motion, the other party may also file an affidavit in reply. All documents must be served on the other party and filed with the court according to the Family Law Rules, which include strict timelines and formatting requirements.
Urgent Motions:
Most motions can only be brought after the parties have had their Case Conference. However, a party may bring an interim motion before a Case Conference if the matter is considered urgent. “Urgency” is a difficult test to meet. It is usually only found where there is a risk to a child’s safety, a threat of abduction, immediate and severe financial hardship (such as inability to pay rent or buy food), or a need to prevent harm that cannot be repaired with a damages award.
After an interim or urgent motion is heard, the judge may issue a temporary order immediately or may “reserve” their decision, issuing thorough written reasons days or weeks later.
Orders granted on interim motions remain in effect until changed by another court order or until the final resolution of the case. Clients should understand that interim orders are not final and can be revisited as the case progresses.
Interim Motions Summary:
Used for temporary issues. Usually after Case Conference, unless urgent (high bar). Requires notice and affidavit evidence.
Office of the Children’s Lawyer (OCL)
The Office of the Children’s Lawyer is a government-funded agency in Ontario that represents children under 18 in certain family law and child protection cases.
The OCL may provide two types of services:
These services are typically requested when there are serious disputes about parenting time, decision-making responsibility, or allegations of harm.
The court may order the OCL to consider taking on a case. However, it is the OCL itself that decides whether to accept a case based on its internal criteria and available resources.
When the OCL accepts a case for clinical investigation, a clinical investigator—usually a social worker or psychologist—will meet with the child, parents, and other relevant individuals. They may observe interactions, review documents, and conduct interviews. The goal is to understand the child’s needs, preferences, and the family environment. The investigator then prepares a report that includes findings and recommendations about parenting arrangements. These reports are highly influential and often help the court make decisions that reflect the child’s best interests. The process is thorough and can take several months to complete.
In court, the OCL plays a unique role. If a lawyer has been appointed, they will attend hearings and advocate for the child’s position, which may differ from either parent’s. If a clinical report has been prepared, the investigator may be called to testify and explain their findings. Judges often give significant weight to OCL input because it is independent and child-focused. The OCL does not represent the parents or the court—it represents the child. Their involvement can help clarify complex issues and ensure that the child’s voice is heard in proceedings that directly affect their life.
OCL Involvement Summary:
OCL helps represent children. Can provide reports or lawyers. Must be requested and accepted.
Trial Process
A family law trial is the final stage of a court case when the parties cannot resolve their issues through negotiation or conferences. Trials are formal proceedings where each side presents evidence and arguments to a judge, who then makes binding decisions.
The process begins with opening statements, followed by the presentation of evidence, examination of witnesses, and closing submissions. Trials can last anywhere from a few hours to several days, depending on the complexity of the case. The judge’s role is to listen impartially, assess credibility, apply the law, and issue a final ruling on the unresolved issues—such as parenting arrangements, support, or property division.
Witnesses play a key role in family law trials. Parties themselves often testify, providing firsthand accounts of the family’s history, finances, and parenting dynamics. Other common witnesses include family members, teachers, doctors, therapists, and social workers—especially if the Office of the Children’s Lawyer or Children’s Aid Society is involved. Expert witnesses may also be called to speak on financial matters or child development. Each witness is subject to examination and cross-examination, and their testimony helps the judge understand the facts and context of the case.
After all evidence is presented, each party gives a closing argument summarizing their position and why the judge should rule in their favor. The judge may deliver a decision immediately or reserve judgment and issue a written ruling later. Unlike a decision on an interim motion, the trial decision is final and enforceable.
While it is possible to appeal a family court decision, appeals are only granted in limited circumstances—such as legal errors or serious procedural unfairness. In practice, very few family law cases proceed to appeal, and most are resolved before reaching trial. Clients should view trial as a last resort, but one that ensures a fair and lawful resolution when other methods fail.
Jurisdiction and Court Levels in Ontario
Choosing the right level of court is an important first step in your proceeding. In Ontario, there are two different courts that handle family law proceedings.
The Ontario Court of Justice handles family law matters that do not involve divorce or property division. This includes cases about parenting time, decision-making responsibility, child support, and child protection (such as Children’s Aid Society involvement).
The Superior Court of Justice deals with more complex family law matters, including divorce, division of property, and spousal support. If a party is seeking a divorce or has significant financial claims, the SCJ is the appropriate venue. It also hears appeals from the OCJ in some cases. The SCJ has broader jurisdiction and is often used when multiple legal issues are intertwined.
In some regions, Ontario has a Family Court Branch of the Superior Court of Justice, which combines the powers of both the OCJ and SCJ. This unified court allows families to resolve all their legal issues—whether related to parenting, support, divorce, or property—in one place. It simplifies the process and reduces the need to appear in different courts for different matters. Not all areas have a Family Court Branch, so jurisdiction depends on where the parties live.
Court Levels Summary:
OCJ: support/child protection. SCJ: divorce/property. Family Court: both. Choose based on issues.
