Expert Guide to Family Cases at the Superior Court of Justice
The Superior Court of Justice is the only Toronto court that can grant a divorce or divide family property. It also decides parenting and support, usually alongside a divorce or property claim.
A family case there follows the Family Law Rules. It starts with an application and moves through a case conference, a settlement conference and a trial management conference. A trial happens only if the case does not settle, and most cases settle first.
This guide explains which court to use, each step, the main forms and deadlines, and how to prepare.
Which court hears your family case in Toronto?
In Toronto, your issue decides your court, because the city has two separate family courts. Starting in the wrong one wastes time and filing fees.
| Issue | Superior Court of Justice | Ontario Court of Justice |
|---|---|---|
| Divorce | Yes | No |
| Division of property and the matrimonial home | Yes | No |
| Parenting orders | Yes | Yes |
| Child and spousal support | Yes | Yes |
| Restraining orders | Yes | Yes |
| Child protection and adoption | No | Yes |
| Toronto location | 393 University Avenue | 47 Sheppard Avenue East and 311 Jarvis Street |
Married spouses who need a divorce or a property order belong in the Superior Court. Unmarried parents with only parenting or support issues often use the Ontario Court of Justice.
Some regions work differently. Newmarket and Barrie have a Family Court branch of the Superior Court, which hears every type of family case in one place. Costa Law Firm meets clients in both cities as well as Toronto and Vaughan.
The steps in a Superior Court family case
A contested family case moves through eight stages, and it can settle at any of them.
- Application. The applicant files Form 8 (or Form 8A for a divorce only) and the court issues it. Toronto filings are made online through the Ontario Courts Public Portal.
- Service. The application and supporting documents are served on the other spouse. The applicant cannot personally hand over the documents.
- Answer. The respondent files an Answer (Form 10) within 30 days, or 60 days if served outside Canada and the United States. The applicant may reply within 10 days.
- Mandatory Information Program. Both parties attend a short session on separation, children and the court process. Toronto parties must attend early in the case.
- Case conference. This is the first meeting with a judge. The judge identifies the issues, orders disclosure and explores settlement.
- Motions. Either party can ask for a temporary order, such as interim support or a parenting schedule, while the case continues.
- Settlement conference and trial management conference. A judge gives a frank view of the likely result, then sets the witnesses and time needed for trial.
- Trial. A judge hears evidence and makes a final order. Family trials are heard by a judge alone, without a jury.
The Family Law Rules require the court to deal with cases justly. That includes saving time and expense and matching the process to the importance of the case. Judges use that goal to push both sides toward settlement.
Key forms and deadlines
The forms below carry most family cases, and missing one of their deadlines is the usual cause of an adjournment.
| Form | What it does | When it is due |
|---|---|---|
| Form 8: Application (General) | Starts the case and lists your claims | At the start |
| Form 10: Answer | Responds and adds the respondent’s own claims | 30 days after service, or 60 if served outside Canada and the U.S. |
| Form 13: Financial Statement (Support Claims) | Sets out income and expenses | With the application or answer, when only support is claimed |
| Form 13.1: Financial Statement (Property and Support Claims) | Adds assets and debts on the key dates | With the application or answer, when property is claimed |
| Form 13A: Certificate of Financial Disclosure | Lists the documents you have produced | With your financial statement |
| Form 35.1: Affidavit (decision-making responsibility, parenting time, contact) | Gives the court each child’s history and your parenting plan | With any parenting claim |
| Form 17A, 17C, 17E: Conference briefs | Summarise your position for each conference | Days before each conference, as the Rules set out |
| Form 17F: Confirmation of Conference | Confirms the conference is going ahead | By 2 p.m. three days before |
| Form 14 and 14A: Notice of Motion and Affidavit | Ask for a temporary order | Served and filed ahead of the motion date |
Financial disclosure is where cases are won and lost. Courts can strike documents or order costs against a spouse who hides income or assets. In serious cases, the court can also assume a higher income than the one a spouse reports.
Conferences, motions and urgent orders
Conferences are meetings to narrow and settle the case, while motions are hearings where a judge decides a specific issue. Knowing the difference shapes your strategy.
Case conference. Usually no motion can be heard before a case conference. The exceptions are urgency and hardship, such as a child being withheld, a risk of harm, or assets being moved.
Settlement conference. The judge reads both briefs and offers to settle, then says how the case is likely to end at trial. The settlement conference judge does not hear your trial, so both sides can speak openly.
Motions for temporary orders. These cover interim child and spousal support, parenting schedules, exclusive possession of the home and disclosure. Temporary orders often shape the final result, especially for parenting.
Urgent and without-notice motions. A judge can make a short-term order without the other side present when notice would cause serious harm. The matter returns to court quickly so both sides are heard.
Offers to settle. A written offer under rule 18 can protect you on costs. If you do as well as or better than your offer at trial, the court may order higher costs in your favour.
The Divorce Act no longer uses the words custody and access. Since March 2021, orders deal with decision-making responsibility and parenting time. Every parenting decision turns only on the best interests of the child.
How long does a case take, what does it cost, and how do you prepare?
An uncontested divorce often finishes in a few months, while a contested case that goes to trial commonly takes more than a year. Three things drive time and cost: the number of disputed issues, the quality of financial disclosure, and how many motions are brought.
Cost rules matter as much as legal fees. Under rule 24 of the Family Law Rules, the successful party is presumed entitled to costs. A spouse who acts unreasonably, or in bad faith, can be ordered to pay more.
You can lower both time and cost by preparing early:
- Collect three years of tax returns and notices of assessment, plus recent pay stubs
- Gather statements for every account, debt, pension and investment at the date of marriage and the date of separation
- Write a timeline of the relationship, the separation and the children’s care
- Keep communication with your spouse civil and in writing, because messages often become exhibits
- Consider mediation or negotiation for the issues you can settle
- Make a written offer to settle early
If you cannot afford court fees, ask the court office about a fee waiver.
Talk to a Toronto family lawyer
Costa Law Firm has represented Toronto families since 1993 in divorce, parenting, support and property cases. Our family lawyers appear in the Superior Court of Justice and the Ontario Court of Justice. We serve Toronto, Vaughan, Newmarket and Barrie.
Call (416) 535-6329 or visit 1015 Bloor Street West, Toronto, to request a case evaluation.
Frequently asked questions
Where is the Superior Court of Justice family court in Toronto?
Family cases are heard at 393 University Avenue, near Dundas Street West. Most documents are filed online.
Can I file for divorce at 47 Sheppard Avenue East or 311 Jarvis Street?
No. Those are Ontario Court of Justice locations. Only the Superior Court of Justice can grant a divorce.
How long do I have to respond to a family court application?
You have 30 days after being served in Canada or the United States, and 60 days if served elsewhere. If you miss the deadline, the case can proceed without you.
Do I have to attend the Mandatory Information Program?
Yes, in most contested cases. The court will not usually let you take further steps until you file your certificate of attendance.
Can I represent myself?
Yes. Many people do, and the same rules and deadlines apply to them. A lawyer can also be hired for part of a case, such as one motion or one conference.
What is the difference between a temporary order and a final order?
A temporary order lasts until trial or settlement. A final order ends the case, though parenting and support terms can be changed later if circumstances change in a material way.
Does my case have to go to trial?
No. Most family cases settle at or after a conference, and the settlement becomes a court order or a separation agreement.
