Introduction to Procedure in Family Law Litigation: Part II

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Introduction to Procedure in Family Law Litigation: Part II

The key steps in a typical matrimonial lawsuit under the Family Law Rules are: the application, answer, case conference(s), motion(s), settlement conference, trial management conference, trial, and appeal.

In Ontario, three courts deal with family law matters:

  1. The Family Court branch of the Superior Court of Justice;
  2. The Superior Court of Justice; and,
  3. The Ontario Court of Justice.

The Family Court of the Superior Court of Justice (also called the Superior Court of Justice or Family Court) is a specialized court dealing with all aspects of family law. These courts are located throughout Canada and provide specialized judges.

In areas of Ontario that do not have a Family Law Court of the Superior Court of Justice, the Superior Court of Justice is the court of superior jurisdiction. In the realm of family law, this court deals with the following issues: property, divorce, custody, access, and support.

The Ontario Court of Justice deals with custody, access, support, child protection, and adoption. This court does not deal with divorce or property issues.

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