Family Court in Ontario Without a Lawyer: What to Expect
Which court hears your case, which forms start it, what has to be sworn, and what the first months actually look like — explained for people representing themselves.
First Question: Which Court?
Ontario splits family jurisdiction between two courts, and getting this right is the first real decision in any case:
- Ontario Court of Justice (OCJ): parenting (decision-making responsibility, parenting time, contact), child and spousal support, and child protection — but it cannot grant a divorce or divide property.
- Superior Court of Justice (SCJ): everything the OCJ can hear, plus divorce and division of property. In many regions this runs through a Family Court branch (unified family court) that hears all family matters in one place.
Practical consequence: if your application includes a divorce or an equalization of property, it belongs in the Superior Court. If you file claims a court has no power to grant, the case stalls before it starts. The Ontario family law pages list which courthouse serves your municipality.
The Forms That Carry a Family Case
Family cases run on numbered forms under the Family Law Rules. The current official versions are published at ontariocourtforms.on.ca — always download from there, because superseded versions can be refused at the counter. The core set:
- Form 8 — Application (General): starts most cases. It names the parties, lists the claims (divorce, support, parenting, property), and sets out the facts supporting them.
- Form 10 — Answer: the respondent's reply, with their own claims if any.
- Forms 13 / 13.1 — Financial Statements: sworn disclosure of income, expenses, assets, and debts. Form 13 for support-only claims; Form 13.1 where property is claimed. Required, and taken seriously — support and property outcomes are built on them.
- Form 35.1 — Affidavit for parenting claims: mandatory whenever you ask for decision-making responsibility, parenting time, or contact. It covers the children, current arrangements, and your proposed plan.
- Form 6B — Affidavit of Service: the sworn proof that documents were properly delivered to the other party.
- Form 36 — Affidavit for Divorce: the sworn evidence used to complete an uncontested divorce.
How a Case Typically Unfolds
- Application filed and served. You file the Form 8 (plus the financial statement and Form 35.1 where they apply) and serve the respondent under the service rules, filing a Form 6B as proof.
- Answer. The respondent files their Form 10 within the time set by the Rules; if they never respond, the case can proceed uncontested.
- Mandatory Information Program. In most contested cases both parties attend a MIP session early on.
- Conferences before motions. Family cases move through conferences — usually a case conference first — where a judge helps narrow issues and push toward agreement. With limited exceptions, you cannot bring most motions until a conference has dealt with the issue.
- Motions, if needed. Interim decisions (temporary support, parenting schedules) are sought by Notice of Motion with affidavit evidence.
- Settlement or trial. Most family cases settle — through negotiation, mediation, or at a settlement conference. Trials are the exception, not the default.
Child Support, Spousal Support, and Divorce, Briefly
- Child support follows the Child Support Guidelines tables, based on the payor's income and number of children, plus shared special expenses.
- Spousal support has no fixed table in law; courts commonly refer to the Spousal Support Advisory Guidelines as a reference point, weighing the length of the relationship, roles during it, and each person's means and needs.
- Divorce requires marriage breakdown — in practice, one year of living separate and apart. The application can start earlier; the divorce is granted after the year is complete.
Where Self-Represented Cases Go Wrong
- Filing in a court that cannot grant the claim (divorce or property in the OCJ)
- Using a superseded form version instead of downloading the current one
- Skipping or shortcutting the financial statement — incomplete sworn disclosure follows you through the whole case
- Forgetting Form 35.1 when parenting claims are made
- Bringing a motion before a conference when the Rules require the conference first
- Serving documents incorrectly and losing weeks proving or redoing service
Frequently Asked Questions
Can I go to family court in Ontario without a lawyer?
Yes. Many people in Ontario family court are self-represented, and the Family Law Rules are written with self-represented parties in mind. It is still a formal court process with real deadlines and sworn documents, so preparation matters — and for advice about your specific situation, a family lawyer or a Family Law Information Centre can help even if you handle the case yourself.
Which court hears family cases in Ontario?
It depends on where you live and what you are asking for. The Ontario Court of Justice hears parenting, support, and child protection cases in many locations, but it cannot grant a divorce or divide property. Divorce and property division are Superior Court of Justice matters. In areas with a Family Court branch of the Superior Court (unified family court), one court hears everything. Filing in the wrong court is a common and avoidable setback.
What form starts a family case?
Most family cases start with Form 8: Application (General) under the Family Law Rules. It sets out who the parties are, what you are asking the court to order (the claims), and the facts supporting those claims. The respondent then files an Answer (Form 10).
What is a financial statement, and do I need one?
If your case involves support or property claims, the Family Law Rules require a sworn financial statement — Form 13 for support-only claims, Form 13.1 where property claims are involved. It discloses your income, expenses, assets, and debts. Courts take accuracy seriously: it is a sworn document.
What is Form 35.1?
Form 35.1 is the affidavit required whenever you ask the court for decision-making responsibility, parenting time, or contact with a child. It tells the court about the children, the current arrangements, and your plan. If the child or any party has been involved in a child protection case or has received services from a child protection agency (such as a children's aid society), you also serve and file Form 35.1A (Affidavit (child protection information)) with your claim, in addition to Form 35.1, not instead of it (Family Law Rules, r. 35.1(1)(a)).
How is child support calculated in Ontario?
Child support in Canada is calculated under the Child Support Guidelines, which use the paying parent's income and the number of children to produce a table amount. Special or extraordinary expenses (like child care or health costs) can be shared on top of the table amount. The federal government publishes the tables and an online lookup tool.
Do I need a reason to get divorced?
The Divorce Act requires a breakdown of the marriage, which is almost always established by living separate and apart for one year. You can start the application before the year is up, but the divorce itself cannot be granted until the year has passed (the other grounds — adultery and cruelty — are rarely used because they must be proven).
What is the Mandatory Information Program (MIP)?
In most contested family cases, both parties must attend a Mandatory Information Program session early in the case — a court-run information session about the legal process, the effects of separation on children, and alternatives like mediation. The court office schedules it and attendance certificates are filed in the case.
How do I serve family court documents?
The Family Law Rules set out how each document must be delivered to the other party — some documents require special service (for example, an Application), and proof of service is filed with the court on an affidavit of service (Form 6B). The court office or the Rules themselves are the authority on which service method applies to which document.
What free help exists for self-represented parents?
Family Law Information Centres (FLICs) at most family courthouses offer free information and, at scheduled times, advice from Legal Aid Ontario duty counsel for eligible people. Community legal clinics, Legal Aid Ontario certificates, and court-connected mediation services (free or subsidized) are also available in many locations.