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1. Start the Case
The first step in any family court process is to file an application. This document tells the court about the issues you need resolved, such as child custody, child support, or property division. Depending on your situation, you may file a General Application (Form 8) or a Simple Application (Form 8A). If both parties agree on all matters, you may file a Joint Application (Form 8A).
2. Serve the Other Party
After filing your application, you must serve the other party (the respondent) with copies of the documents you filed. This means officially giving them notice that you have started the case. You can hire a process server, have someone else serve the papers, or serve them yourself, depending on the circumstances.
3. Responding to the Application
Once the respondent has been served, they will have a certain amount of time (usually 30 days) to file their Response to your application. This response sets out their position on the issues raised in the application. If they agree with everything, they may file a simple response; if not, they may file a more detailed response.
4. First Appearance (Case Conference)
A case conference is often the first court appearance. It’s an opportunity for both parties to discuss the issues with a judge or court official. The goal is to try to resolve some issues or at least narrow down the areas of disagreement. This meeting is not about making decisions, but rather about discussing the next steps.
5. Mediation and Settlement
Before proceeding to a trial, the court may encourage both parties to go through mediation. Mediation is a process where a neutral third party helps both parties try to reach an agreement. It can save time and money and is often required before a case can go to trial.
6. Pre-Trial Conference
If mediation doesn’t resolve the issues, a pre-trial conference may be scheduled. This is another chance to settle the case before going to trial. The judge will help both parties explore settlement options and may provide their opinion on the likely outcome if the case goes to trial.
7. Trial
If no agreement is reached, your case may proceed to trial. At trial, both parties present evidence and testimony, and a judge makes the final decision on the unresolved issues. This can be a lengthy and costly process, but sometimes it’s necessary when settlement efforts fail.
8. Final Order
After the trial (or after settling out of court), the judge will issue a final order. This order may address issues like child custody, spousal support, property division, and more. It is legally binding and must be followed by both parties.
9. Appeal (If Necessary)
If you disagree with the final order, you may be able to appeal the decision to a higher court. An appeal is not a new trial but a review of the decision to see if there were legal errors. Appeals are complex, so it’s important to get legal advice before pursuing one.
Conclusion
Family court in Ontario can be a lengthy and complex process but understanding the basic steps can help you navigate it with confidence. Whether you’re seeking a divorce, custody, or support, the key steps involve filing your application, serving the other party, and attempting settlement before trial. Working with an experienced family lawyer can make a significant difference in achieving the best possible outcome.
For further information, please visit: https://www.ontariocourts.ca/ocj/notices/guide-self-represented-appearances/
Jessica Luong is the founder and principal lawyer of J. Luong Law, a boutique family law firm with offices in Toronto and Windsor, Ontario. With experience in both courtroom advocacy and out-of-court negotiation, she offers a comprehensive approach to resolving complex family law matters. Jessica is recognized for her skill in combining strong advocacy with a client-centered approach, ensuring that her clients’ needs and best interests are always at the forefront. She can be reached by phone at (226) 256-9988 or by email at Jessica@jluonglaw.com
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