How does family court work in Ontario?

The Ontario Court of Justice has jurisdiction over child protection, adoption, custody, access, child support, and spousal support. The Ontario Court of Justice does not hear divorce or property matters arising from a family breakdown. For these matters, please go to the Superior Court of Justice website.

How do I file a motion in family court Ontario?

To make a motion, you need to:

1. Ask the court for a motion date.
2. Identify and fill out your motion forms.
3. Serve and file your motion forms.
4. Confirm that you will attend the motion.
5. Go to your motion hearing.
6. Receive the judge’s decision.

Who pays court costs in family court in Ontario?

Rule 18(14) of the Family Law Rules states that when a party gets a result that was as good or better for them as a previous formal offer that party has properly made, the other party should pay all or substantially all of the legal fees.

How do I start a family court case in Ontario?

To begin your family court case, you have to complete and file an application at the court with information about: The issues you are asking the judge to resolve (such as parenting time and decision-making responsibility in respect of children, child support, spousal support, or dividing property).

Can a family member represent you in court Ontario?

Legal Aid Ontario also provides advice counsel at the family courthouses that may be able to give you some advice before you go to court. However, they will not represent you in court at a trial, settlement conference or trial management conference.

What happens at first family court hearing?

This refers to the first hearing in connection with an application about children (for example a dispute about where children should live), at which the court will consider preliminary safeguarding checks on the family and will attempt to resolve the matter or identify the range of dispute if this is not possible.

How do I respond to a motion in Family court Ontario?

How do I respond to a motion to change?

1. Step 1: Decide whether or not you agree with the change being asked for.
2. Step 2: Serve a copy of your response or send your consent to the moving party.
3. Step 3: File your response and affidavit(s) of service at the family court office.

What is a wife entitled to in a divorce in Canada?

Unlike other property, if you owned the matrimonial home on the date of marriage, you do not receive any credit for it when you separate. Also, it doesn’t matter who has their name on the papers for the house, both spouses have an equal right to remain in the matrimonial home.

Who pays costs in family court?

Generally speaking each party will be liable to pay their own legal costs incurred within court proceedings relating to arrangements for children, however there are circumstances where one party can be ordered to pay the costs of the other.

Who pays court fees if you win?

The general rule is that the loser pays the winner’s costs. In practice, the court has flexibility as to when one party may be responsible in whole or in part for the other party’s costs. There are also exceptions to the general rule.

What happens at family court first hearing?

Can a judge be a family member?

member’s case A judge may not sit as a judge in a family member’s criminal case even if the judge does not treat the relative more favorably than other defendants facing similar charges.

Is the Ontario Court of Justice Family Court?

The Ontario Court of Justice does not hear divorce or property matters arising from a family breakdown. For these matters, please go to the Superior Court of Justice website.

Where to file a family law case in Ontario?

All family law cases in the Superior Court of Justice are governed by the Family Law Rules, and use the procedures, forms, and steps set out in these Rules. To locate a court in your area, please see the List of Ontario Court Addresses on the Ministry of the Attorney General’s website.

Where can I file for divorce in Ontario?

You can file online most documents you need for a family court case in the Ontario Court of Justice or the Superior Court of Justice. After you submit: a joint or simple divorce application, your application is automatically filed to the court

How does Family Court work in Hamilton Ontario?

The Monday time slots will be allocated first to Child Protection matters and if slots are available then family matters. Counsel must agree to at least 3 dates (preferably 5 dates) for re-scheduling their matter and then email those dates to the Trial Coordinator at: [email protected]