Family Law Rules and Forms, court jurisdiction (OCJ vs Superior Court vs UFC), case management stages, OCL involvement, parenting assessments, and net family property statements for Ontario family lawyers.
Application (Form 8) issued; served on respondent within 30 days (Ontario) or 60 days (outside Ontario); Respondent files Answer within 30 days of service
Both parties serve and file financial statements (Form 13 or 13.1) within time required; obligation to update financial disclosure as circumstances change (Rule 13)
Mandatory before motion (except urgent); parties file Case Conference Briefs (Form 17A); judge may make procedural orders, encourage settlement, identify issues; no non-consent orders on the merits at case conference
After case conference; motion record (notice, affidavit, draft order); responding motion record; factums in some cases; oral hearing; judge can make interim orders
Required before trial; parties file Settlement Conference Briefs (Form 17C); judge may make non-binding assessments of strength of positions; encourage settlement; a different judge hears the trial
Immediately before or at start of trial; address outstanding procedural issues, witnesses, expert reports, exhibits; trial scheduling
Full evidentiary hearing; affidavit evidence in chief in some courts (with live cross-examination); oral evidence in other courts; judge issues final order after final submissions
| Form | Purpose |
|---|---|
| Form 8 — Application (General) | Commencing most family proceedings (divorce, custody, support, property) |
| Form 8A — Application (Divorce Only) | Divorce-only applications without other claims |
| Form 10 — Answer | Responding party's response to Application; may include counter-application |
| Form 13 — Financial Statement (Support Claims) | Monthly income/expenses/assets/debts; required for all support claims; sworn |
| Form 13.1 — Financial Statement (Property and Support) | Full property disclosure including NFP calculation; required for property claims |
| Form 13B — Net Family Property Statement | Detailed NFP calculation with schedule of property at marriage date, separation date, excluded property |
| Form 14B — Motion (without notice or on consent) | Without-notice motions or consent orders |
| Form 17A — Case Conference Brief (General) | Brief for case conference; must be served and filed per Rule 17 timelines |
| Form 17C — Settlement Conference Brief | Settlement conference brief; more detailed than case conference; proposal for settlement |
| Form 20 — Change Application | Material change applications to vary existing support or parenting orders |
| Form 35.1 — Parenting Claim Affidavit | Mandatory affidavit for all parenting claims; addresses parenting history, plans, and best interests factors |
The OCL is a branch of the Ministry of the Attorney General that provides legal and clinical services for children involved in family law proceedings. OCL involvement requires a court order — it is not automatic.
OCL clinical investigator prepares a report on the child's views and preferences regarding parenting arrangements; does not include parenting assessment of the parents; completed by social worker or psychologist; typical wait: 3-6 months
OCL may provide a lawyer to represent the child directly in contentious proceedings; lawyer receives instructions from the child (if child has sufficient maturity) or acts in child's best interests; available in contested custody/access and child protection
Comprehensive assessment of both parents' parenting capacity, the children's needs, and recommendations on parenting arrangements; most comprehensive OCL involvement; lengthy wait times (6-18+ months in some areas); may include psychological testing
Independent custody/parenting assessments: Parties may agree or a court may order a private parenting assessment under s.30 of the Children's Law Reform Act by a qualified professional (psychologist, social worker). Private assessments avoid OCL wait times but are costly ($10,000-$25,000+). The assessor must be agreed upon or court-appointed; assessor is not an advocate for either party.
Under Part I of the Family Law Act, each spouse is entitled to an equalization payment equal to half the difference in their net family property (NFP) on the valuation date (date of separation, unless another date is ordered).
NFP Formula (FLA s.4):
NFP = (Value of all property on valuation date)
- (Debts and liabilities on valuation date)
- (Value of property owned on marriage date, excl. matrimonial home)
- (Excluded property under FLA s.4(2))
Equalization payment = (Higher NFP - Lower NFP) / 2
The Ontario Court of Justice (OCJ) has jurisdiction over custody and access, child support, restraining orders under the Family Law Act, and child protection proceedings (CYFSA). It does not have jurisdiction over divorce, equalization of net family property, or property division. The Superior Court of Justice has jurisdiction over all family law matters including divorce, property, support, and parenting. The Unified Family Court (UFC) handles all family law matters in one court at certain locations.
A case conference is a procedural court appearance before a judge to discuss issues, narrow them, and explore settlement. Under Rule 17, a case conference must be held before a motion can be brought (except in urgent situations). The judge cannot impose a settlement at a case conference — they can encourage settlement, give non-binding recommendations, and make procedural orders. Parties must file a Case Conference Brief (Form 17A or 17C) before the conference.
The OCL may be involved when a judge orders: a Voice of the Child report (assessing the child's views and preferences); legal representation for the child; or a clinical investigation (parenting assessment). OCL involvement requires a court order — it is not automatic. The OCL has discretion to accept or decline involvement. Wait times for OCL reports can be significant in Ontario.
A Net Family Property (NFP) Statement (Form 13B) is a sworn financial disclosure document filed in property equalization proceedings. Each spouse calculates their NFP: value of all property on the valuation date (separation date), minus debts and liabilities, minus property owned on the date of marriage (excluding the matrimonial home), minus certain excluded property. The spouse with the higher NFP owes the other an equalization payment equal to half the difference.
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