This article relates to going to court in order to resolve family law issues in Ontario. To begin a family law case, it is necessary to complete and file an application at the court with details regarding the issues you are asking the judge to settle, your connection to the responding party, any children you have, and other details you depend on to assist your application.
For the purpose of having the court look at the issues you are asking the judge to settle, you are required to fill out one of the following applications: general, simple, joint. A joint application is filled out if you and your spouse both consent to a divorce and approve of all other family law issues. If you and your spouse cannot agree on how your family law issues should be settled and you are also making demands except a divorce, a general application is filled out. If you and your spouse cannot agree on how your family law issues should be settled but the only request you are making is for divorce, a simple application is filled out.
Throughout your family court case, you will be required to serve documents and file proof of service. Serving documents indicates providing copies of your court documents to the other participants in the case. Filing a proof of service involves demonstrating to the court that you have served the documents.
There are numerous steps that may be compulsory in a majority of family court cases, including a Mandatory Information Program (MIP), first appearance, case conference, settlement conference, and trial management conference. The MIP brings you information regarding divorce and legal proceedings. Following the MIP, there may be a gathering with a court clerk known as a first appearance. This meeting ensures that all parties involved in the case were served with copies of any applicable documents and that all necessary documents have been filed with the court. In nearly all family law cases, it is a requirement that one must attend no less than one conference. There are typically three kinds of family law conferences: case conference, settlement conference, and trial management conference. These conferences urge both parties to settle their issues in advance in order to avoid attending trial, which is expensive and takes time.
A case conference is typically the first time both parties have a discussion with the judge regarding the issues in the case that can and cannot be resolved, the probability of settling the case, and future actions to take in the case. If you and the other party have not sorted out your issues following one or more case conferences, the judge may book a settlement conference. During a settlement conference, issues are solved or lessened, offers to settle the case are debated, and witnesses and other evidence for trial are determined if the case cannot be settled. If you and your spouse still cannot work out your issues and your case is required to go to trial, a trial management conference is scheduled. The aim of this conference is to get both parties prepared for trial and to attempt one final time to settle your case.
Since the court procedure can take time, it is possible to request a temporary decision from a judge prior to the final decision being arrived at in your case. This is known as making a motion. When you attend trial in family court, both parties are required to appear ahead of a judge in a courtroom and bring evidence formally to the notice of the court. Following the conclusion of the trial, the judge makes a court order indicating what both parties are obligated to do.
