Author: Stacey Staios - Associate Lawyer
For many, the thought of appearing in court for their family law matter can be both intimidating and overwhelming. Understanding the different steps in the court process can therefore alleviate these feelings and provide individuals with a sense of assurance while appearing in court.
The first step is to determine jurisdiction. In Ontario, different courts cover different family law matters. For example, the Superior Court of Justice hears family law cases that deals with divorce, dividing property and the matrimonial home. On the other hand, the Ontario Court of Justice hears family law cases that deal with child support, spousal support, custody and access, adoption, and enforcing support in a separation agreement. Once you know what court you need to appear in, you can look to the next step.
Step 2
The next step is the application process. The party commencing proceedings must file the appropriate application. When filling out such application, it should be as complete and thorough as possible, including all of the information that is being asked for. Space will be provided for any additional information that may support the claims being made.
Once the application is filed, the next step is to serve the application to the respondent. This can be done through either regular service or special service. Regular service allows you to send the documents to the other party or their lawyer via mail, fax, courier or email with court approval.1 Special service includes serving the document by leaving a copy with the individual being served or their lawyer.2
Step 3
For most applications, once it has been served, the respondent has 30 days to serve what is referred to as a Form 10: Answer, if they are in Canada, and 60 days if they are outside Canada or the United States. When the respondent receives the application, they are to fill out their answer and any supporting documents required. This Form is intended to provide the respondent with an opportunity to say they agree or disagree with the claims being made by the applicant.
In the event the respondent does not provide an answer to the application in the given time frame, it may remove the respondent’s entitlement to any further notice and the court may set a date for an uncontested trial. If the respondent receives an amended application, they are entitled to serve and file an amended answer within 14 days.
Step 4
If one party raises a new claim in their Form 10: Answer, the other party has 10 days to respond by filling out a Form 10A: Reply. This reply gives them the chance to comment on any new issues the party is raising. If a reply is filled out, it must be served to the other party via regular or special service mentioned above.
Step 5
Whether a court date is set depends on whether the case is standard track or fast track. In most situations, once you file an application to start a case in family court, a clerk will schedule both you and the other party to attend what is called Mandatory Information Program (MIP) sessions.3 At the time of filing the application, the applicant will receive two notices to go to the MIP session, one for themselves and one for the other party, to which they are responsible for ensuring the other party receives the MIP notice.
MIP sessions generally take place at the courthouse where the application was filed. In these sessions, the parties will learn about the impact of separation on parents and children, the options available to them, such as mediation, the court process and different legal issues.4
In some cases, the next step after completing the MIP may include meeting with a court clerk. This is referred to as a first appearance. Both parties will meet with a court clerk to ensure that everyone involved in the case was served with a copy of the relevant forms. A court clerk will schedule a first appearance when you file the initial application which will include the date and time of the first appearance, to which both parties must attend.
To be continued …
Articles written by Stacey Staios:
Family Status Discrimination
Social Media Policies in the Workplace
Calculating Equalization Testamentary Capacity Aggravated and Punitive Damages Leaves of Absence in Ontario Co-Parenting In The Age of a Pandemic Corollary Relief Disability Accommodation in the Workplace
Estate Planning: A How To Guide Should You Consider A Cohabitation Agreement? What Is Wrongful Dismissal?
Disclaimer
The content on this web site is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this web site are advised to seek specific legal advice by contacting members of Carson Law, Carson IP, or their own legal counsel regarding any specific legal issues. Carson Law does not warrant or guarantee the quality, accuracy or completeness of any information on this web site. The articles published on this web site are current as of their original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose.
References
1 Ministry of the Attorney General, ‘Part 6: Serving Documents’ https://www.attorneygeneral.jus.gov.on.ca/english/family/guides/fc/part_6.html2 Ibid.
3 Ministry of the Attorney General, ‘Part 7: Required Steps’ https://www.attorneygeneral.jus.gov.on.ca/english/family/guides/fc/part_7.html
4 Ibid.