Part 2: Starting A Family Case

This guide does not provide legal advice. It is recommended that all parties seek legal advice where possible.

Inside this guide

1. Information Before You Start Your Family Case
2. Starting a Family Case
   • General Application
   • Simple Application (divorce only)
   • Joint Application
3. Answers
4. Financial Disclosure
5. Filing Documents
6. Serving Documents
7. Required Steps
   • Mandatory Information Program
   • First Appearance
   • Conferences
8. Motions
9. Trial
10. Motions to Change a Final Order or Written Agreement

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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).
• Your relationship with the respondent.
• Any children you have.
• Any other facts you are relying on to support your application.

You have to fill out one of the following applications to indicate which issues you want the court to look at:

1. A general application (Form 8) if you and the other party can’t agree on how your family matters should be resolved and you’re making claims other than a divorce (whether or not you’re asking for a divorce too).
2. A simple application (Form 8A) if you and your spouse can’t agree and the only claim you’re making is for divorce.
3. A joint application (Form 8A) if you and the other party both agree to a divorce and agree on all other family law matters like parenting time, decision-making responsibility for children, support, and property.

Rule 5 and Rule 8 of the Family Law Rules tell you about how to start a family law application.

Steps to Filing an Application

Step 1: Fill Out Your Application and Supporting Documents

You can find the court forms online or at any family court office.

You can complete the forms on a computer or by hand. Please make sure your handwriting is clear. Court staff can’t complete the forms for you.

You will need to swear or affirm that the information in some of your forms is true, and sign them in front of a commissioner for taking affidavits. There are commissioners for taking affidavits at all family court offices who will commission your forms for free. Remember, it is a criminal offence to swear or affirm a false or misleading affidavit.

Forms for a General Application

To start a general application, you need to fill out:

• Form 8: Application (General).
• Continuing Record, including a Table of Contents. You can find more information about the Continuing Record in A Guide to Procedures in Family Court, Part 5: Filing Documents.

Depending on your circumstances and what you’re asking for, you will also need to prepare:

• Your original marriage certificate, if you’re asking for a divorce (see further below for more information on how to get your marriage certificate).
• Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if you’re making a claim for parenting time and decision-making responsibility in respect of children. You must sign this form in front of a commissioner for taking affidavits.
• The following financial disclosure documents, if your case involves child support, spousal support, or property issues:
  • Form 13: Financial Statement (Support Claims), if you’re asking for child support or spousal support, but you’re not making claims regarding property or debts. You must sign this form in front of a commissioner for taking affidavits. In some cases, you do not have to complete this form if your case involves child support, but not spousal support or property issues, and you want the respondent to only pay the table amount of child support under the Child Support Guidelines. Learn more about ways to arrange child support.
  • Form 13.1: Financial Statement (Property and Support Claims), if you’re making claims related to property or debts (whether or not you’re also asking for support). You must sign this form in front of a commissioner for taking affidavits.
  • Proof of current income (for example, your most recent pay stub, social assistance statement, or pension stub that shows your year-to-date income). Attach these documents to your Financial Statement (Form 13 or Form 13.1).
  • Proof of income for the past three taxation years, which must be either:
    • Your Notices of Assessment and any Notices of Reassessment for each of the past three years. If your notices are unavailable for a particular year, you can use an Income and Deductions printout provided by the Canada Revenue Agency. You can contact the Canada Revenue Agency at 1-800-959-8281.
    • Other proof of income for each of the past three years, if you swear or affirm a statement in your Financial Statement (Form 13 or Form 13.1) that you are not required to and have chosen not to file an income tax return because of the Canadian Indian Act.
  • If you’re asking for special or extraordinary expenses for a child, you also need to provide proof of these expenses (e.g., daycare receipts).
  • Form 13A: Certificate of Financial Disclosure. In this form, you confirm which financial documents you have served on the respondent. This form must be served and filed either before or with your first case conference materials. For more information, see A Guide to Procedures in Family Court, Part 4: Financial Disclosure. You may also refer to Rule 13 of the Family Law Rules.
• Other documents. You may want to file other documents with your application, such as prior court orders or Notices of Calculation or Recalculation issued by the Ministry of the Attorney General’s online Child Support Service.

Forms for a Simple Application

To start a simple application for a divorce only, you need to prepare:

• Form 8A: Application (Divorce).
• Continuing Record, including a Table of Contents. You can find more information about the Continuing Record in A Guide to Procedures in Family Court, Part 5: Filing Documents.
• Your original marriage certificate (see below for more information on how to get your marriage certificate).
• Other documents. You may want to file other documents with your application, such as prior court orders or Notices of Calculation or Recalculation issued by the Ministry of the Attorney General’s online Child Support Service.

Forms for a Joint Application

If you and your spouse are asking for a divorce together, you will need to prepare:

• Form 8A: Application (Divorce). This form must be signed and dated by both you and your spouse. Bring 4 copies of this completed form for filing at the courthouse.
• Continuing Record, including a Table of Contents. You can find more information about the Continuing Record in A Guide to Procedures in Family Court, Part 5: Filing Documents.
• Your original marriage certificate (see further below for more details on how to get your marriage certificate).
• Form 36: Affidavit for Divorce. You and your spouse must each complete your own copy of this form (one per spouse), and each sign it in front of a commissioner for taking affidavits.
• Form 25A: Divorce Order. In this form, write out everything that you and your spouse have agreed on, and want included in your final divorce order (for example, child support, parenting time, or decision-making responsibility in respect of children). This form must be typed on a computer, not hand-written. Bring four copies of this form for filing at the courthouse.
• Two business-sized envelopes (9 ½” x 4 ⅛”), each stamped with sufficient postage: one addressed to you, and one addressed to your spouse. The court will mail the order to you and your former spouse.
• Other documents. You may want to file other documents with your application, such as a separation agreement, minutes of settlement, prior court orders, or Notices of Calculation or Recalculation issued by the Ministry of the Attorney General’s online Child Support Service.

If you and your spouse are together asking for orders other than a divorce, you will also need to prepare:

• Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if you’re asking for parenting time or decision-making responsibility in respect of children. You and your spouse must each complete your own copy of this form (one per spouse), and each sign it in front of a commissioner for taking affidavits.
• The following financial disclosure documents, if your application involves child support, spousal support, or property claims on consent:
  • Form 13: Financial Statement (Support Claims), if you’re asking for child support or spousal support, but you’re not making claims regarding property or debts. You and your spouse must each complete your own copy of this form (one per spouse), and each sign it in front of a commissioner for taking affidavits. Learn more about ways to arrange child support.
  • Form 13.1: Financial Statement (Property and Support Claims), if you’re making claims related to property or debts (whether or not you’re also asking for support). You and your spouse must each complete your own copy of this form (one per spouse), and each sign it in front of a commissioner for taking affidavits.
  • Proof of current income (for example, your most recent pay stub, social assistance statement, or pension stub that shows your year-to-date income). Attach these documents to your Financial Statement (Form 13 or Form 13.1).
  • Proof of income for the past three taxation years, which must be either:
    • Your Notices of Assessment and any Notices of Reassessment for each of the past three years. If your notices are unavailable for a particular year, you can use an Income and Deductions printout provided by the Canada Revenue Agency. You can contact the Canada Revenue Agency at 1-800-959-8281.
    • Other proof of income for each of the past three years, if you swear or affirm a statement in your Financial Statement (Form 13 or Form 13.1) that you are not required to and have chosen not to file an income tax return because of the Canadian Indian Act.
• If you’re asking for child support or spousal support orders:
  • A draft Support Deduction Order (also available at the court office). Bring three copies of this completed form for filing at the courthouse.
  • Support Deduction Order Information Form (also available at the court office).

Get Help Completing Your Court Forms

If you want help filling out the forms and you don’t have a lawyer, you can:

• Visit a Family Law Information Centre (FLIC).
• Use the Guided Pathways to Family Court Forms.
• Visit the Steps to Justice website.

You can find more information about these resources in A Guide to Procedures in Family Court, Part 1: Information Before You Start Your Family Case.

Step 2: Get Your Application Issued by the Court

After you complete all your documents, you have to get them issued by the court. This means that a court clerk:

• Signs and dates your original application and applies the court seal to the form.
• Gives you a court file number. You must write the court file number in the box at the top right corner of each page of your forms on every copy.

You should make copies of everything that the clerk returns to you in order to serve a copy on the respondent and any other person or agency that needs to be served. Remember to also keep a copy for yourself.

Court Filing Fees

If you are starting your case at the Superior Court of Justice or the Family Court Branch of the Superior Court of Justice, you may be required to pay a court fee or qualify for a fee waiver. If you’re eligible for a fee waiver, you won’t have to pay most fees. Learn more about fee waivers.

There is no fee to file documents at the Ontario Court of Justice.

More information about court filing fees is available in A Guide to Procedures in Family Court, Part 5: Filing Documents.

First Appearance

The clerk will give you a first appearance date if you start your case at the Ontario Court of Justice or the Family Court Branch of the Superior Court of Justice, unless you’re asking for a divorce or making claims related to property.

The Superior Court of Justice does not schedule first appearances when you issue your application. You are responsible for scheduling your first court appearance, which is usually a case conference. More information about conferences is available in A Guide to Procedures in Family Court, Part 7: Required Steps.

Mandatory Information Program (MIP)

In most circumstances, you and the respondent will be required to attend a free Mandatory Information Program (MIP) session. When the clerk issues your application, you will receive two MIP notices – one for you and one for the respondent. You will each be scheduled to attend different MIP sessions.

More information about the MIP is available in A Guide to Procedures in Family Court, Part 7: Required Steps.

Step 3: Serve All Your Documents

If you filed a general or simple application, the following documents must be served on the respondent:

• A copy of your court-issued application and all your other forms (that you completed from Step 1, including the Continuing Record).
• The Respondent’s MIP Notice, if you received one from the court clerk who issued your application at Step 2.
• Blank copies of the forms that the respondent may need to fill out to respond to your application, such as:
• • Form 10: Answer.
  • Form 13: Financial Statement (Support Claims), if you’re asking for support, but you’re not making claims regarding property or debts.
  • Form 13.1: Financial Statement (Property and Support Claims), if you’re making claims related to property or debts (whether or not you’re also asking for support).
  • Form 13A: Certificate of Financial Disclosure, if you’re making a support claim or a property claim.
  • Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if you or the other party is making parenting time and decision-making responsibility claims.

  Someone other than you (who is at least 18 years old) must serve your documents on the respondent, using special service. Special service means that the documents must be delivered to the respondent by a certain method (for example, by handing the documents to the respondent). You can ask a friend or a family member who is over the age of 18 to do this, or you can hire a process server to serve the forms for you. You can get the name of a process server online.

  If it isn’t safe for you or a friend or family member to serve the documents and you cannot afford to hire a professional process server, you can ask the court staff to arrange to have your documents served for you.

  If a first appearance is scheduled in your case, the respondent must receive your documents with enough time to complete, serve, and file an answer. The respondent has:

  • 30 calendar days to give an answer if they received the application in Canada or the United States, or
  • 60 calendar days to give an answer if they received the application outside Canada or the United States.

  You may also be required to serve other agencies or persons with an interest in your case. For example, you must serve the Ministry of Children, Community and Social Services if you are receiving social assistance from Ontario Works and make a claim for spousal support.

  For more information, see A Guide to Procedures in Family Court, Part 6: Service. You can also refer to Rule 6 of the Family Law Rules.

  If you and your spouse filed a joint application, no service on the other party is required because you are together asking the court for the same orders (there is no respondent).

  Step 4: File Proof of Service

  You must complete Form 6B: Affidavit of Service (one for each party that was served). In this form, you give information to prove to the court that your documents were served on the respondent and any other party.

  The person who served the documents (whether it was you or somebody else) must swear or affirm that the information in Form 6B is true, and sign the form in front of a commissioner for taking affidavits. There are commissioners for taking affidavits at all family court offices who will commission the form for free.

  Remember, it is a criminal offence to swear or affirm a false or misleading affidavit. It is your responsibility to make sure that the information in Form 6B is true.

  After Form 6B is sworn or affirmed, you must file it at the court where you issued your application. You will include Form 6B in the Continuing Record for your case and update the table of contents.

  See A Guide to Procedures in Family Court, Part 6: Serving Documents for more information on filing proof of service. You can also refer to Rule 6 of the Family Law Rules.

  Additional Information about Divorce Applications

  How to Get Your Marriage Certificate

  If you want a divorce order, you must file your original marriage certificate with the court.

  The court will not give you a divorce until you file your certificate, unless the court is satisfied by your explanation in your Form 36: Affidavit for Divorce why you cannot get your certificate.

  If you do not have your marriage certificate and were married in Ontario, you may obtain a copy of your marriage certificate for a fee from ServiceOntario or call toll-free at 1-800-267-8097 or within Toronto at 416-326-1234. You may also contact the Registrar General of Ontario toll free at 1-800-461-2156 or within Toronto at 416-325-8305.

  If you were married in another province or territory in Canada, you may order a copy of your marriage certificate from the government of that province or territory.

  If you were married outside of Canada, and your marriage certificate is not in English, you must have it translated by a certified translator. You can find certified translation services online or in the yellow pages of the telephone directory.

  Previous Divorce or Death of a Spouse

  If you were married outside of Canada, you must provide proof of any previous divorce or death of your spouse. You will need to contact the government branch responsible for recording this type of information in the other country.

  Central Registry of Divorce Proceedings

  The Central Registry of Divorce Proceedings must be notified whenever a person applies for a divorce anywhere in Canada. The court will electronically send information to the federal Department of Justice’s Central Registry of Divorce Proceedings to obtain a Clearance Certificate that confirms no other divorce cases have been started in Canada for you and your spouse. The court cannot grant your divorce until the Clearance Certificate has been received.

  Divorce Order

  If the judge grants your divorce, the court will issue a divorce order. The court will send you and your former spouse the signed order in the self-addressed stamped envelopes that you provided to the court.

  Divorce Certificate

  Where the court grants a divorce, the divorce order will state that the divorce is effective on the 31^st day after the date on which the order was made. The certificate of divorce is proof of the date of your divorce.

  You or your former spouse may request the certificate of divorce from the court.

  Family Claims Online

  The Ministry of the Attorney General’s Family Claims Online filing service enables you to file certain court documents online, at any time, without having to go to court.