What is the Family Court process in Ontario?
So, you're heading to family court in Ontario — or thinking about it — and you're wondering: How does this actually work? What happens next? Will I need to speak in court? Do I need a lawyer? How long will it take?!
We get these questions all the time. And the truth is, while no two cases are exactly alike, the Ontario family court system follows a pretty structured process. Let’s walk through it step by step so you know what to expect.
First: Try to Avoid Court If You Can
Before filing anything, the courts actually encourage you to try to resolve your family issues out of court — through:
Negotiation between lawyers,
Mediation,
Mediation/Arbitration, or
These options can save you a lot of time, money, and stress — and give you more control over the outcome. But if resolution isn’t possible, or if you need urgent protection or support, the court process is there for you.
Step-by-Step: The Ontario Family Court Process
1. Starting the Case (Application or Motion)
One person (the "Applicant") starts the process by filing an Application in family court. This sets out what they're asking for — things like custody, child support, spousal support, property division, etc.
The Applicant files their Application with the court to be issued. Then, it has to be served on the other party (the “Respondent”), so they know the particulars of the legal case against them.
Once served, the Respondent has a chance to reply by filing an Answer.
The Applicant then has the ability to file a Reply dealing with any new matters raised in the Answer.
If your matter is urgent (for example, you’re worried about safety or access to a child), you might also bring an urgent motion right away for temporary relief, or request an urgent case conference.
2. First Court Date / Case Conference
Your first official appearance is usually a case conference — this is a low-pressure meeting with a judge to:
Make sure all the forms are in,
Talk about what issues can be resolved, and
Try to settle some (or all) of the case without a full hearing.
This isn’t about “winning” — it’s about narrowing issues and exploring options.
You’ll need to prepare Form 17 (Case Conference Brief) and financial disclosure if support or property is involved.
In some jurisdictions, the Case Conference can be replaced with a Dispute Resolution Conference, which follows the same process but involves a senior family lawyer instead of a judge. These dates are typically more readily available.
3. Motions (If Needed)
A motion is where one party asks the court for a temporary order while you wait for trial- for example:
Setting parenting time while the case proceeds,
Requiring child or spousal support, or
Freezing a bank account or property.
Motions are based on written evidence (called Affidavits) and are argued in front of a judge. The judge will make a binding decision that results in a Temporary Order, which will remain in place until Trial.
4. Settlement Conferences
If the case isn’t resolved at the first conference, you may be scheduled for one or more Settlement Conferences. These are more focused on trying to reach an agreement.
The parties will need to exchange Settlement Conference Briefs, including Offers to Settle, and updated Financial Statements.
A judge will give some informal (but helpful!) feedback on how they might decide certain issues — which can nudge both parties toward compromise.
Still no deal? Then it's time to gear up for court motions or trial.
5. Trial Management Conference
If you’re still not settled, the court will schedule a Trial Management Conference. This is your last major opportunity to narrow the issues and figure out how the trial will run.
The judge may push hard for settlement — because trials are long, expensive, and emotionally draining for everyone involved (especially the kids).
6. Trial
If all else fails, your case will go to trial. This is the big show: witnesses, cross-examination, evidence, the whole nine yards.
At trial, a judge will make final decisions on all unresolved issues — and once the decision is made, it’s binding.
Some trials last a day. Others go on for weeks. Preparation is key.
Tips to Keep in Mind
Be realistic. Court won’t always give you everything you ask for, and sometimes the cost of pursuing your entitlement isn’t worth it.
Be organized. Paperwork matters. Courts rely heavily on your forms and evidence. Court deadlines are serious and must be respected.
Be patient. Family court files often take months, if not years, to reach a final result.
Get legal advice. Even if you’re doing it on your own, a consultation can help you avoid serious mistakes.
Need Help Navigating the Family Court Process?
At Passageway Law, we’ve walked hundreds of clients through Ontario’s family courts — from straightforward settlements to high-conflict trials. Whether you're starting from scratch or stuck in the middle, we’ll help you find the way forward with clarity, compassion, and confidence. Contact us to discuss your matter today.
Disclaimer: This article is for general information only and does not constitute legal advice. Every family situation is unique. If you're going through a separation or facing family court in Ontario, please speak with a qualified family lawyer to get advice tailored to your case.