Jurisdiction over Family Law Matters

Where the Family Court branch of the Superior Court of Justice operates, there is no divided jurisdiction in those family law matters. This is so because the Family Court branch of the Superior Court of Justice exercises a single jurisdiction over all legal disputes in family law. Given that this is a unified family court, it allows family law litigation to be dealt with in an integrated manner.

In Ontario, where the Family Court branch of the Superior Court of Justice does not exist, the jurisdiction over family law matters is divided between the Superior Court of Justice and the Ontario Court of Justice. Cases that involve divorce and/or property claims can only be brought before the Superior Court, whereas child protection and adoption cases must be commenced only in the Ontario Court of Justice. Each of these two courts has jurisdiction to adjudicate over issues of child and support, as well as claims for custody and access.