If there are some issues you and your spouse cannot agree on, you may have to go to court and ask a judge to make some of the decisions.
The court process usually has many steps. It can be quite complicated to start a court case or even to figure out which court you must use. It often takes a long time before a trial happens.
But if the situation is urgent, courts can sometimes make temporary orders quickly. Examples of urgent situations are:
- the parents cannot agree on where the children will live immediately after the separation,
- one spouse or parent has committed violence or abuse, or threatened to do so,
- there is a danger that a parent may abduct a child,
- one parent is not allowing the child to see the other parent, or
- there is a danger of a spouse hiding or giving away property or money.
Even after the court process has started, it is not too late
for you and your spouse to settle things by making an
agreement.
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.