Some family disputes need a judge. The other side will not negotiate or will not disclose, a child’s safety is at risk, or an order is being ignored. Law Wise, based in Mississauga and serving the entire GTA and Ontario, represents clients in family court from the first application through conferences, motions and trial.
When a family case goes to court
Court is usually the last step, after negotiation or mediation has been tried. A court case may be needed where:
- a dispute about custody and access (decision-making responsibility and parenting time) has not been resolved by negotiation, mediation or collaborative law
- there is a risk that a child will be removed from their home or from Ontario without consent
- a restraining order is needed for someone’s safety
- one side refuses to give complete financial disclosure
- child support, spousal support or property issues remain unresolved
- support is not being paid and has to be enforced
- property is being sold, transferred or run down and must be preserved
- circumstances have changed since an order or agreement was made
- a divorce order is needed
- a Children’s Aid Society has started a child protection case
Which court hears a family case in Ontario
Three courts hear family cases in Ontario. Which one hears yours depends on where you live and what you are asking for:
- Family Court branch of the Superior Court of Justice: in the places that have one, it hears every kind of family case, including divorce, property, parenting, support, adoption and child protection.
- Superior Court of Justice: where there is no Family Court branch, it hears divorce, division of family property and claims about the matrimonial home, as well as parenting and support.
- Ontario Court of Justice: where there is no Family Court branch, it hears parenting time and decision-making responsibility, child and spousal support, enforcement of support, adoption and child protection. It cannot grant a divorce or divide property.
A case is normally started in the municipality where a party lives or, if it is about parenting, where the child habitually resides. Court locations, filing methods and local practice directions change, so we confirm the correct court and the current directions before anything is filed.
Steps in a family court case
Family cases in Ontario follow the Family Law Rules. The process is built around conferences with a judge, and most of the work is aimed at narrowing the issues and reaching a settlement.
- ApplicationThe applicant files an application setting out the orders requested and has it served on the other party.
- AnswerThe respondent has 30 days after being served to serve and file an answer, or 60 days if served outside Canada or the United States.
- Financial statementsWhere support, property or exclusive possession of the home is claimed, each side serves and files a financial statement.
- Information programIn most cases about parenting, support or property, each party attends the Mandatory Information Program within 45 days after the case starts.
- Case conferenceA judge meets with the parties to identify the issues, deal with disclosure and explore settlement. The parties must first try to confer with each other.
- MotionsAfter the case conference, either side can ask for temporary orders while the case continues.
- Settlement conferenceA judge helps the parties settle or narrow the issues and may give a view on how the court might decide.
- TrialIf the case is not settled, a trial management conference sets how the trial will run, and a judge then hears the evidence and decides.
Served with family court papers?
You have 30 days after being served to serve and file an answer, or 60 days if you were served outside Canada or the United States. If you do not answer, the court can deal with the case in your absence. Bring the papers to a lawyer as soon as you receive them.
This comes from rule 10 of the Family Law Rules, O Reg 114/99, as it read on 10 October 2026. The rules were amended in 2026, so the current text should always be checked.
Motions and urgent orders
A motion is a request to a judge for an order while the case is under way. Temporary orders can deal with:
- a parenting schedule and decision-making until trial
- child support and spousal support
- exclusive possession of the matrimonial home
- preserving property and restraining a spouse from depleting it
- financial disclosure that has not been provided
- a restraining order, where a person has reasonable grounds to fear for their own safety or for the safety of a child in their lawful custody
Normally, no motion can be heard until a case conference dealing with the substantive issues has been completed. That rule does not apply where the court finds a situation of urgency or hardship. A motion can be made without notice to the other side only in narrow situations, such as an immediate danger that a child will be removed from Ontario or an immediate danger to the health or safety of a child or of the person asking.
Financial disclosure
Support and property cannot be decided without accurate numbers, so disclosure is at the centre of most family cases. Each side must file a financial statement and produce the documents behind it. If a party does not obey an order, including an order for disclosure, the court can respond with a costs order, a penalty, an order striking out that party’s documents or an order dismissing a claim.
Offers to settle and costs
The rules reward reasonable offers. A party who makes a written offer to settle in time, leaves it open, and then obtains an order as good as or better than the offer is entitled, unless the court orders otherwise, to costs up to the date the offer was served and full recovery of costs after that date. Well-timed offers therefore protect you even if the case does not settle.
Enforcing and changing court orders
Support. Support orders made in Ontario are enforced by the Family Responsibility Office unless they are withdrawn from it. See FRO and default hearings.
Parenting and other orders. The court that made the order enforces it. Where an order is disobeyed, the court can make any order it considers necessary, and a finding of contempt can lead to a fine, a penalty or imprisonment.
Changing an order. A final order, or a support agreement filed with the court, can be changed through a motion to change when circumstances have changed. See our pages on child support, spousal support and parenting for the test that applies to each.
Agreements. A separation agreement or other domestic contract must be in writing, signed and witnessed to be enforceable. Filing it with the court allows its support terms to be enforced like a court order.
How a family lawyer in Ontario helps in court
- advising whether court is needed and which court has the power to make the order you want
- preparing the application or answer, financial statement and supporting evidence
- pressing for disclosure and answering disclosure requests properly
- preparing conference briefs and representing you at each conference
- bringing or responding to motions, including urgent motions
- making and assessing offers to settle
- representing you at trial and on motions to change or enforce an order
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about family court
How long does a family court case take?
It depends on the number of issues, how quickly disclosure is exchanged and when the court can offer dates. Many cases settle at or after a conference. We can give you a realistic estimate once we know your situation, and we cannot promise a date the court controls.
What is a case conference?
It is usually the first meeting with a judge. The judge does not hear witnesses. The purpose is to identify what is and is not in dispute, make sure documents are exchanged, and explore ways of settling.
Can I get an order quickly in an emergency?
Possibly. The court can hear a motion before a case conference if there is urgency or hardship, and can hear a motion without notice where there is an immediate danger to a child or to the person asking. Judges look closely at whether the situation is truly urgent.
What is a restraining order in family court?
It is an order limiting a person’s contact with you or your children. Under the Family Law Act, a court can make one where the applicant has reasonable grounds to fear for their own safety or for the safety of a child in their lawful custody. Amendments to this part of the Act were passed in 2025 and were not yet in force on 10 October 2026.
What can be done if the other side ignores a court order?
The court can order costs, a penalty, the striking out of that party’s documents or the dismissal of their claim, and can find the person in contempt. Keeping a dated record of each breach is the first step.
What does family court cost?
It depends on how many steps the case needs. A case that settles after a case conference costs far less than one that goes to trial. Law Wise explains its fees and confirms them in writing before work starts. The court can also order one side to pay part of the other’s legal costs.
Speak with a family lawyer about your court case
Your first consultation is free for 15 minutes, by appointment. Call us or send a message. If you have been served, bring the papers and tell us the date you received them.
This page is general legal information for Ontario, current as of 10 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.