ontario specific
legal information
This page sets out the steps in a family law case.
Each step requires different documents/forms, which are also noted.
Documents must be filed on time unless you have the other party’s consent or the court’s permission to file late. Seek legal advice if you are unable to file your documents on time.
These forms are not listed below but are important:
- Form 14 C – Confirmation of Motion must be delivered to the opposing party and filed at the filing counter 3 days before a motion date.
- Form 17F – Confirmation of Conference must be filed 3 days before conference date.
- 6B Affidavit of Service must be filed each time documents are served. Service of court documents must comply with the Family Law Rules.
- See Rule 3 for Counting Days and Rule 6 for Service of Documents.
Application
To be served personally by an adult who is not the Applicant
Form 8: General Application
OR
Form 8A: Divorce Application
AND
Financial Statement
Form 13 Support Claims
OR
Form 13.1 Property and Support Claims
AND
Certificate of Financial Disclosure Form 13A
AND
If a claim is made for a parenting order, complete
Form 35.1: Affidavit (decision-making responsibility, parenting time, contact)
Answer
Within 30 days after being serviced with the Application
Form 10: Answer
AND
Financial Statement
Form 13 Support Claims OR Form 13.1 Property and Support Claims
AND
Certificate of Financial Disclosure Form 13A
AND
If a claim is made for a parenting order, Form 35.1: Affidavit (decision-making responsibility, parenting time, contact)
Reply
10 days after being served with the Answer, the Applicant may file a Form 10A
First court date
First Case Conference Date scheduled
OR
If no Answer filed, Applicant may prepare Form 23C Affidavit for Uncontested Trial
Case Conference
(multiple Case Conferences are possible; learn about conferences)
Both parties must file a Form 17A.
Applicant must file 6 days before the date scheduled.
Respondent must file no later than 4 days before that date.
Settlement Conference
(multiple Settlement Conferences are possible; learn about conferences)
Both parties must file a Form 17C.
Applicant must file 6 days before the date scheduled.
Respondent must file no later than 4 days before that date.
Trial Scheduling Conference
Both parties must file a Trial Scheduling Endorsement Form.
Applicant must file no later than 7 days before the date scheduled.
Respondent must file no later than 4 days before that date.
Trial Management Conference (TMC)
Applicant must file a Trial Record 7 days before the date scheduled.
Respondent may add to Trial Record up to 2 pm two days before the date scheduled.
Both parties must file Offer to Settle, outline of Opening Statement and Draft Order no later than 2 pm 2 days before the date scheduled.
Exit Pre-Trial Conference
This is the final opportunity to resolve issues before beginning trial. Either party may request a date for Exit Pre-Trial at TMC
Trial
A trial may not be adjourned without a judge’s order, which can only be granted by attending personally, and only in compelling and unforeseen circumstances, such as illness.
Want to learn more? See Court documents