Family Court in Ontario

Family law disputes make up a significant portion of the Court's work in Ontario. Some of the issues addressed in family court in Ontario are;

• Decision making of child(ren)
• Parenting time of child(ren)
• Child support
• Spousal support
• Division of property

In 50% of the province, family law issues are divided between the Superior Court of Justice and the Ontario Court of Justice. The Ontario Court of Justice cannot preside over divorces or property disputes. Only the Superior Court of Justice can deal with those issues. Whereas, cases dealing with child protection and adoption must be started at the Ontario Court of Justice. Aside from this, both Courts can hear decision making, parenting time, and support issues.

In the other 50% of Ontario, there are Family Court Branches of the Superior Court. These Courts are often referred to as the Unified Family Court (or the UFC). UFCs can hear any family law issue. There are a core group of specialized judges at the UFC.

The Family Law Rules govern the processes in the family court. The Family Rules Committee was created under the Courts of Justice Act. This Committee is responsible for amendments to the Rules, which is subject to the Attorney General. Mark Greenstein of the office of Krol & Krol has spent many years on the Family Rules Committee. An example of the Committee's contribution is the introduction of automatic orders for financial disclosure at the outset of a case. The procedures for expert opinion evidence have also been clarified - these procedures now include a distinction between participant and litigation experts and the processes to follow in court if either type of expert is called. Parties are now also required to confer about their legal disputes before the relevant court appearance, assuming that it is safe to do so.

If you have any questions about the court process, contact the Ontario family lawyers at Krol & Krol at 905.707.3370.