Understanding the Family Law Court Process in Ontario: A Step-By-Step Guide

By:

Amanda Willing

On

06/12/2025

Reading time:

3 min

Summary:

The family law court process can feel complicated, especially during an already emotional time. Understanding each step — from filing an application to attending conferences, negotiating settlement, or preparing for trial — can make the journey far less overwhelming.

At Willing Law, we guide you through the process with clarity, strategy, and support so you never feel alone. If you’re navigating a separation or parenting dispute, we’re here to help you move forward with confidence.

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1.The First Step: Starting the Case

A family law case formally begins when one party starts an application in court.

Form 8 – Application. This document outlines:

  • What orders you are asking the court to make

  • Brief facts and reasons supporting your requests

  • Any issues that need urgent attention (e.g., safety concerns, withholding of children, financial hardship)

Once served, the other party must respond within a set timeline using a Form 10 – Answer.

2. Mandatory Information Program (MIP)

Most litigants must attend a Mandatory Information Program, which provides:

  • An overview of family law issues

  • Information about alternatives to court

  • Resources to support separating families

  • Insight into the emotional impact separation can have on children

You don’t have to attend together.

3. Case Conferences: Your First Appearance in Front of a Judge

A case conference is typically the first court date. It is not a trial and is not designed for arguing evidence. Instead, the goals are:

  • To identify the issues in dispute

  • To explore potential settlement options

  • To create a litigation plan (deadlines, next steps, disclosure)

Judges at conferences try to encourage settlement and may offer their non-binding views on the case.

Important: No motions (requests for temporary orders) are usually allowed before a conference unless the matter is urgent.

4. Financial Disclosure: A Critical Step

In cases involving support or property division, financial disclosure is mandatory. This may include:

  • Income tax returns and notices of assessment

  • Pay stubs

  • Business or corporate records

  • Bank statements

  • Proof of debts and liabilities

  • Property valuations

The goal is transparency so each side can negotiate or litigate from a fair and informed position.

5. Motions: Temporary Orders While the Case Is Ongoing

Sometimes urgent or interim issues need to be addressed before the final hearing. Motions can resolve temporary matters such as:

  • Parenting schedules

  • Child or spousal support

  • Exclusive possession of the home

  • Freezing assets

  • Ensuring safety or stability when needed

Motions require evidence in the form of affidavits and supporting documents.

6. Settlement Conferences

If the case does not settle early, the court will schedule a settlement conference. This is a more focused discussion aimed at resolution. Parties must file detailed settlement briefs, which the judge reviews in advance.

The judge may:

  • Provide a stronger opinion on the case

  • Identify legal risks

  • Encourage compromise

  • Narrow the issues for trial

Many cases settle at this stage.

7. Trial Management Conference

If settlement is still not possible, the court schedules a trial management conference, where the judge will:

  • Confirm the witnesses

  • Review the evidence each party intends to rely on

  • Set timelines and trial dates

  • Address any remaining procedural issues

This is all about efficiency and ensuring the trial runs smoothly.

8. Trial: The Final Stage

A family law trial is a formal hearing where:

  • Each party presents evidence

  • Witnesses testify and are cross-examined

  • The judge makes final binding decisions

Trials can be expensive and time-consuming, which is why courts encourage resolution at earlier stages.

Alternative Paths: Settlement, Mediation, and Collaborative Family Law

Court is not your only option. Many families resolve matters through:

  • Negotiation between lawyers

  • Mediation

  • Arbitration

  • Collaborative law

These out-of-court methods are often faster, less costly, and less adversarial.

You Don’t Have to Navigate This Alone

The family court process can feel complicated—but you don’t have to manage it by yourself. Having an experienced family lawyer ensures:

  • Your rights are protected

  • Your documents and evidence are properly prepared

  • You understand each stage of the process

  • You have strong advocacy both inside and outside the courtroom

At Willing Law, our focus is providing clear guidance, strategic advice, and unwavering support as you move through this difficult time.

Need Help With a Family Law Matter?

If you are contemplating starting a case—or responding to one—our team can help you understand your options and create a clear legal road map.