Where is a family law case supposed to be filed and heard by the courts?

A family law case can begin in one of three places:

1. In the municipality where one of the parties currently resides;
2. If the matter is dealing with a subject pertaining to the children, for example custody, then the case is usually filed in the municipality where the child currently resides; or,
3. The case can also begin in a municipality agreed upon by both parties, which has been accepted by the court of that municipality in advance.

According to sections 21.8 and 21.11 of the Courts of Justice Act, a motion in a family law case may be heard in another municipality under the following circumstances:

1. If there is a threat that the child will be removed from Ontario; or,
2. If there is a threat of any danger in terms of the child’s health, safety, or well-being.

However in these circumstances, once the party has had their motion in a family law case heard by the courts of the other municipality, the case will usually be transferred to a municipality that it should have been started in initially (unless the court in a family law case orders otherwise).

If one attempts to file a family law case in the wrong municipality, then the court clerk may refuse to accept the application for filing.

Unless the case is transferred to another municipality, all the steps of the case will take place in the municipality where the case was originally filed and heard.

In terms of enforcing a support payment, or attempting to suspend a support payment, the motion in a family law case must take place in the municipality where the recipient resides. If, however, the recipient does not reside in Ontario, then the order pertaining to the support payment shall be filed in the municipality where the order is filed with the court for enforcement. In the event that the recipient agrees, the motion may be filed in the municipality where the support payor resides. It is also possible, according to the Family Responsibility and Support Arrears Enforcement Act, 1996, section 26, that the motion may be filed where the income source resides.

When it comes to orders pertaining custody or access to a child in a family law case, then the order shall be filed in the municipality where the child resides. If, however, the child does not reside in Ontario, then the motion in a family law case must be filed in the municipality with which the child has the largest connection.

If an order involves property, then the order must be filed in the location where the property is located, or where the person enforcing the order resides.

In the event that all parties agree upon a municipality that is not outlined above, with the permission of the court of that municipality, they will be allowed to advance accordingly in that municipality.

If for some reason it is clear that it would be significantly more convenient to deal with the case in another municipality, then the court may order that the case be transferred there regardless of what either party would prefer.

Additionally, where the motion in a family law case pertains to a child, and the Children’s Aid Society with the evidence to support the motion resides within another municipality, then the motion may take place in the municipality where the Children’s Aid Society that holds the evidence is located.

For more information on where to begin a family law case in Ontario, depending on the unique circumstances of the case, contact Toronto family lawyers at Krol & Krol at 905.707.3370.