Family Law Rules and Procedures

• Author: Tina Kamakaris/Jane Kamakaris/Louis Kamakaris
• Pages: 337-364

337

Chapter 21 Family Law Rules and Procedures

CHAPTER 21

is chapter provides some practical preliminary points to consider prior to starting a family

law case.

THE FAMILY LAW RULES

e Family Law Rules prescribe the procedural steps to be followed when family cases

proceed to court, and the Family Law Act covers much of the substantive law that applies

to family issues.

Family law forms

e Family Law Rules prescribe all of the forms to be used in all family

law cases, including divorce cases, regardless of the court in which family law cases are tried. All

family law forms are identied by the rule number which prescribes them: for example, Rule

8 states that to start a case, a person shall le a Form 8: Application (General). All family law

forms under the Family Law Rules are available on the website of the Ministry of the Attorney

General. e ministry has Family Guides on its site with instructions on how to ll out the

forms online. Many law rms use commercial family law software, such as DIVORCEmate,

which is the family law software used in this manual

.

Court fees e courts charge fees for their services according to a schedule of fees

under the Family Law Rules.

COURTS HANDLING FAMILY LAW CASES

ree courts handle family law cases: the Family Court of the Superior Court of Justice,

the Superior Court of Justice, and the Ontario Court of Justice. e forms and procedures

are the same in all three courts because the Family Law Rules apply to all family law cases

in all three courts.

FAMILY COURT OF THE SUPERIOR COURT OF JUSTICE

e Family Court of the Superior Court of Justice, referred to as the Family Court, exists

in the following locations and may eventually expand to other locations in the province:

FAMILY LAW RULES

AND PROCEDURES

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338 Legal Office Procedures

Barrie,

Belleville

Bracebridge

Brockville

Cayuga

Cobourg

Cornwall

Hamilton

Kingston

Kitchener

Lindsay

London

L’Orignal

Napanee

Newmarket

Oshawa/Whitby

Ottawa

Pembroke

Perth

Peterborough

Picton

Simcoe

St. Catharines

St. omas

Welland

e Family Court’s administrator is the clerk. e Family Court is the only court in Ontario

which can hear all family law cases. In all other sites across Ontario, family law matters are

divided between the Superior Court of Justice and the Ontario Court of Justice. Here is a

summary of the three courts and the types of claims each court can hear:

STATUTES TO WHICH THE FAMILY LAW RULES APPLY

(i) the Change of Name Act

(ii) Parts V, VII and VIII of the Child, Youth and Family Services Act, 2017

(iii) the Children’s Law Reform Act, except sections 59 and 60

(iii.1) the Civil Marriage Act (Canada)

(iv) the Divorce Act (Canada)

(iv.1) the Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada)

(v) the Family Law Act, except Part V

(vi) the Family Responsibility and Support Arrears Enforcement Act

(vii) section 6 of the Marriage Act

(viii) the Interjurisdictional Support Orders Act

e federal and provincial statutes under which most family law claims are made are the

following:

e Ontario Family Law Act (FLA) — provides for most family law claims, except divorce,

decision-making responsibility, parenting time, and contact with respect to children.

Basically, the FLA provides for money-related and property-related claims such as support

and division of family property.

Figure 21.1

COURTS WITH FAMILY LAW JURISDICTION

Name of Court Types of Claims

Family Court of the Superior

Court of Justice (Family

Court) (Where Family

Court exists)

Divorce, child support, spousal support, decision-making responsibility, parenting

time, and contact with respect to children, division of family property, exclusive

possession of matrimonial home, adoption, and child protection.

Superior Court of Justice

(Where no Family Court

exists)

Divorce, child support, spousal support, decision-making responsibility, parenting

time, and contact with respect to children, division of family property, exclusive

possession of matrimonial home. Cannot hear adoption and child protection.

Ontario Court of Justice

(Where no Family Court

exists)

Child support, spousal support, decision-making responsibility, parenting time,

and contact with respect to children, adoption, and child protection. Cannot hear

divorce, division of property, and exclusive possession of matrimonial home.

Copyright © 2022 Emond Montgomery Publications. All Rights Reserved.