Going to Court
The purpose of these services and processes is to resolve family cases in ways that minimize conflict, safeguard the children’s best interests, protect the legal rights of all family members, and resolve issues as early as possible.
Separation and Divorce: Child Custody, Access, and Parenting Plans
When parents separate, they need to arrange how they will share the parenting of their children. If they cannot agree, they may have to go to court. The court must decide based on what is best for the child. In family law, this is called the “best interests” of the child.
In order to best serve the public, the Ontario Court of Justice developed a family scheduling policy for the Court. This policy provides guidelines and best practices for the judiciary when scheduling family matters.
All family cases in Ontario are required to follow the Family Law Rules. These are rules of procedure for family cases while a case is in Court. There are 43 rules in total and each rule addresses a specific issue. For example, rule 34 deals exclusively with adoption cases.
The following forms must also be used in Court. Each form has a number that corresponds with a Family Law Rule.
- Forms (Family Law Rules, O. Reg. 114/99)
Types of appearances before a judge.
In family law cases involving children, you may be required to go before a judge for a conference, motion or trial.