For Parents

Although there’s nothing wrong with having an informal or verbal understanding about custody and access, it’s usually a good idea to have this understanding laid out in a written agreement that is legally binding. A child’s school, daycare, health-care professional or border official if you are travelling may ask for a copy of the agreement where parents aren’t living together. A written agreement also helps when the parents later have a dispute over what was agreed to.

Separation agreements are agreements between two parents who cohabitated (lived together as a couple) before and are now separated or living apart. Separation agreements deal with what happens after separation. In a separation agreement, parents who have separated agree on their rights and obligations regarding custody, access and child support (and possibly spousal support and property division).

A separation agreement is one type of domestic contract. Domestic contracts are enforceable agreements or contracts that deal with family relationships (some other types of domestic contracts are marriage contracts and cohabitation contracts). When an agreement is enforceable, it means that you may take legal steps to “force” the other party to follow the agreement. The reverse is also true: the other party may take legal steps to force you to comply with your agreement as well.

The law sets out what has to happen for an agreement to be legally binding and enforceable. Separation agreements (and other domestic contracts) are enforceable when they’re made according to the requirements set out in the law applying to family relationships.

The law relating to separation agreements is complex and does not exist in one place. The legal principles are found in legislation and in written decisions of judges, called case law. What law and how it applies to your unique circumstances will depend on many factors. A lawyer who has reviewed all of your circumstances will be able to tell you what you need to know to make your agreement enforceable.

Sometimes parents think that they have thought about everything that should be included in their agreement regarding the care of their children. Yet the agreement may be missing important terms.

You may want to review a parenting plan checklist which outlines terms and provisions that may be included in an agreement regarding the children. A parenting plan is a plan for the care of children after separation. Not all the terms or items on the checklist will or should be included in your particular circumstances. It’s a good idea to speak to a lawyer about what you may want to include in your parenting plan. A lawyer can help ensure that your agreement contains terms that are appropriate for you in light of your situation. Refer to the Parenting Plan Checklist for assistance.

Although you don’t have to consult with a lawyer about your agreement, you should. It’s a good idea to speak to a lawyer before you start negotiating with the other parent. It’s also very important that you don’t sign any agreement without first consulting with a lawyer.

Your lawyer can advise you on how to make your agreement legally binding and enforceable. He or she can also advise you about the appropriateness of the terms of your agreement, what important terms are missing and what should be removed or changed to best fit your circumstances.

Your lawyer can explain your legal rights and obligations, discuss approaches to resolving issues and talk to you about services in the community that can help you. All information the lawyer obtains about your case is confidential. In addition, private discussions relating to legal advice between you and your lawyer are privileged, which means that the lawyer can’t be forced to reveal this information without your permission.

Look for a lawyer who has experience in family law. This person should also be someone you feel comfortable with—someone you can talk to and ask questions of.

You can contact the Law Society Referral Service, a public service of the Law Society of Upper Canada that helps people find a lawyer. When you call the service, the Law Society will give you the name of a lawyer who will provide a free consultation of up to 30 minutes to help you determine your rights and options. Just call 1-800-268-8326 or 416-947-3330 (within the Greater Toronto Area).

A free Family Law Information Program is an online resource to help families and former spouses and partners about to enter the family justice system. The program’s goal is to help you make more informed decisions about the legal and emotional issues that often arise at the end of a relationship. The program provides legal and practical information on topics such as child custody, shared parenting and support. The program is easy to understand. It uses both audio and text in simple, clear language to guide you through legal definitions, legal representation, dispute resolution, the family court process and more.

Legal Aid Ontario (LAO) provides access to legal services for low-income people. In order to receive these services, you must be financially eligible, which means your income is below the amounts set by LAO. The type of services depends on the legal issues in your case. The three main services provided to eligible individuals are duty counsel, advice lawyers and legal aid certificates.

Legal Aid Ontario provides certificates to cover the cost of getting your own lawyer. If you are financially eligible and the legal issues in your case are covered, you may take the certificate to a lawyer of your choice who accepts legal aid cases.

Contact Legal Aid Ontario for more information.

The law on custody, access and child support

The advantages of negotiation to settle disputes

Terms to include in an agreement regarding care for the children

The benefits of having a written, legally binding agreement

Domestic contracts and separation agreements

The requirements of an enforceable separation agreement

Good reasons for you to consult a lawyer

Help to find a lawyer

Help to settle out of court: alternative dispute resolution

Alternative dispute resolution methods for separated parents

Mediation, arbitration and collaborative family law

The free, online Family Law Information Program

Legal Aid Ontario: access to legal services for low-income people

Now click here for more resources.

Agreements and Parenting Plans

Alternative Dispute Resolution

Visit the Going to Court section of this website to prepare for your visit to court.

Separation agreements are agreements between two parents who cohabitated (lived together as a couple) before and are now separated or living apart. Separation agreements deal with what happens after separation. In a separation agreement, parents who have separated agree on their rights and obligations regarding custody, access and child support (and possibly spousal support and property division).

A separation agreement is one type of domestic contract. Domestic contracts are enforceable agreements or contracts that deal with family relationships (some other types of domestic contracts are marriage contracts and cohabitation contracts). When an agreement is enforceable, it means that you may take legal steps to “force” the other party to follow the agreement. The reverse is also true: the other party may take legal steps to force you to comply with your agreement as well.

Figuring out the best way to enforce your separation agreement depends on many factors. Three factors are especially important:

• what the agreement says about what would happen if one of the parents does not follow the terms of the agreement,
• what term of the agreement the other parent is failing to honour, and
• the best interests of the children.

Keep in mind that although these factors are important, they’re not the only ones. Courts can refuse to enforce domestic contracts for a variety of reasons.

The decision as to whether you’re able to enforce your separation agreement, how to enforce the agreement or what to do if the agreement isn’t enforceable is best made with the help of a lawyer.

A special procedure is available to parents who want to enforce child support terms contained in a separation agreement.

A parent can file his or her separation agreement with the proper court. Once the separation agreement is filed, the support terms can be enforced as if they were an order of the court. Enforcing the terms of a court order is usually faster and easier than trying to enforce an agreement that has not been made into a judge’s order.

The Family Responsibility Office (FRO) is a government service that collects, distributes and enforces child support (and spousal support) payments that have been ordered by the court.

Where a parent has filed a separation agreement with the court for enforcement, the child support payments may be enforced as if the child support terms were a court order. Thus, after filing the separation agreement with the court, you can then register it with the FRO and have that office collect child support. Remember that the FRO is only a collection agency for support. It won’t review or try to change the child support terms of your agreement.

Contact the FRO for more information about enforcement of support.

A lawyer can review your documents and all of the circumstances to advise you as to how best to proceed. Obtaining legal advice can also help minimize the risk that your agreement won’t be enforced.

Your lawyer can explain your legal rights and obligations, discuss approaches to resolving issues and talk to you about services in the community that can help you. All information the lawyer obtains about your case is confidential. In addition, private discussions relating to legal advice between you and your lawyer are privileged, which means that the lawyer can’t be forced to reveal this information without your permission.

Look for a lawyer who has experience in family law. This person should also be someone you feel comfortable with—someone you can talk to and ask questions of.

You can contact the Law Society Referral Service, a public service of the Law Society of Upper Canada that helps people find a lawyer. When you call the service, the Law Society will give you the name of a lawyer who will provide a free consultation of up to 30 minutes to help you determine your rights and options. Just call 1-800-268-8326 or 416-947-3330 (within the Greater Toronto Area).

A free Family Law Information Program is an online resource to help families and former spouses and partners about to enter the family justice system. The program’s goal is to help you make more informed decisions about the legal and emotional issues that often arise at the end of a relationship. The program provides legal and practical information on topics such as child custody, shared parenting and support. The program is easy to understand. It uses both audio and text in simple, clear language to guide you through legal definitions, legal representation, dispute resolution, the family court process and more.

Legal Aid Ontario (LAO) provides access to legal services for low-income people. In order to receive these services, you must be financially eligible, which means your income is below the amounts set by LAO. The type of services depends on the legal issues in your case. The three main services provided to eligible individuals are duty counsel, advice lawyers and legal aid certificates.

Duty counsel can give immediate legal assistance to those who are financially eligible and appear in court without a lawyer. Services are available in most court locations in Ontario. Duty counsel can give advice, speak to the court on your behalf or help you negotiate a settlement.

Advice lawyers are available at designated times at Family Law Information Centres. An advice lawyer can give general legal information on family law matters free of charge. If you are financially eligible, the advice lawyer may be able to give you legal advice specific to your case.

Legal Aid Ontario provides certificates to cover the cost of getting your own lawyer. If you are financially eligible and the legal issues in your case are covered, you may take the certificate to a lawyer of your choice who accepts legal aid cases.

Contact Legal Aid Ontario for more information.

Mandatory Information Programs (MIPs) are available at family court locations across Ontario.
MIPs provide attendees with information about separation/divorce and the legal process, including

• The effects of separation and divorce on adults and children
• Alternatives to litigation
• Family law issues
• The Family Court process
• Local resources and programs for families facing separation and/or divorce

If either parent has started a family court case, both parents must attend a MIP as the first step in the case. There are some exceptions. You do not have attend the information program where,

• You are proceeding on consent. Both parents agree as to the court order that is being requested.
• Both parties are only asking for a divorce, costs, or an order incorporating the terms of an agreement or prior court order
• Both parents have already attended a mandatory information program.

If you want to attend an information program, but you are not involved in a family court case, you can attend by contacting family mediation and information service providers in your area. They can arrange for you to attend a (MIP). Go to
Service Provider by Family Court Location

Family Law Information Centres(FLICs) in family courts across Ontario can also provide you with assistance. At these centres, you can find information about separation, divorce, related family law issues, family justice services, alternative forms of dispute resolution, local community resources and court processes. Information and Referral Coordinators(IRCs) are available at designated times to help you understand your needs and to make referrals to appropriate services. IRCs can give you information about family mediation and other ways to solve your issues without going to court.

For more information about the resources and services available at each family court location and to see a list of all FLICs throughout the province, go to the Ontario Ministry of the Attorney General Family Law Information Centres (FLICs).

You may need to change the terms of your agreement where you feel you can no longer follow it or where you believe your obligations under the agreement should be stopped. Your written agreement regarding the children can be changed without going to court if both parents agree to the changes in writing. Each parent should have his or her own lawyer so that the written changes reflect what the parent intended and the changes are binding and enforceable. At the very least, you should have a lawyer review the changes to the agreement and your circumstances before you sign any agreement to change.

Where you find it difficult to communicate with the other parent, consider whether it might be beneficial to have a neutral third-party professional, such as a lawyer or an alternative dispute resolution professional, to assist you and the other parent in coming to an agreement. Lawyers who practice collaborative family law may also help. Collaborative lawyers assist parties in negotiating a resolution of their dispute in a principled and respectful fashion without going to court.

Help to settle out of court: alternative dispute resolution

Alternative dispute resolution methods for separated parents

Mediation, arbitration and collaborative family law

If you and the other parent can’t agree on the changes, you may go to court and ask the judge to change or end the written agreement. Going to court to alter the terms of an agreement may be complicated depending on the agreement and the circumstances. In addition, your written agreement may set out the steps that must be followed before you’re able to go to court to ask for changes. You should contact a lawyer to review the agreement and all of the facts to determine how best to proceed in light of your circumstances.

If you believe that you can’t comply with the agreement because of a risk to you or your children, you should get legal advice as soon as possible to determine what you should do.

A special procedure is available to parents who want to change the child support terms contained in a separation agreement.

A parent can file his or her separation agreement with the court. Once the separation agreement is filed, you may ask a judge to change or end an agreement to pay support by bringing a motion to change to the court. A motion to change a child support payment is often brought when one or more of the following happens:

• The parent paying child support is making more money than he or she was when the agreement was made.
• The parent paying support is making less money than he or she was when the agreement was made.
• The child has finished school, married or moved out on his or her own.
• The child or children are now living with the parent who was paying child support or a different person.

Your lawyer can explain your legal rights and obligations, discuss approaches to resolving issues and talk to you about services in the community that can help you. All information the lawyer obtains about your case is confidential. In addition, private discussions relating to legal advice between you and your lawyer are privileged, which means that the lawyer can’t be forced to reveal this information without your permission.

Look for a lawyer who has experience in family law. This person should also be someone you feel comfortable with—someone you can talk to and ask questions of.

You can contact the Law Society Referral Service, a public service of the Law Society of Upper Canada that helps people find a lawyer. When you call the service, the Law Society will give you the name of a lawyer who will provide a free consultation of up to 30 minutes to help you determine your rights and options. Just call 1-800-268-8326 or 416-947-3330 (within the Greater Toronto Area).

Where you want to change the provisions of a child support agreement, you should consult Motion to Change a Final Court Order or a Support Agreement, A Self-Help Guide, How to Make a Motion to Change.

For a guide that covers the procedure for bringing court cases generally, refer to A Guide to Procedures in Family Court. The purpose of the guide is to help you understand what’s involved in going to court in a family law matter and includes the forms that must be completed and procedures that need to be followed when going to court.

Use the online Ontario Court Forms.

A free Family Law Information Program is an online resource to help families and former spouses and partners about to enter the family justice system. The program’s goal is to help you make more informed decisions about the legal and emotional issues that often arise at the end of a relationship. The program provides legal and practical information on topics such as child custody, shared parenting and support. The program is easy to understand. It uses both audio and text in simple, clear language to guide you through legal definitions, legal representation, dispute resolution, the family court process and more.

Legal Aid Ontario (LAO) provides access to legal services for low-income people. In order to receive these services, you must be financially eligible, which means your income is below the amounts set by LAO. The type of services depends on the legal issues in your case. The three main services provided to eligible individuals are duty counsel, advice lawyers and legal aid certificates.

Duty counsel can give immediate legal assistance to those who are financially eligible and appear in court without a lawyer. Services are available in most court locations in Ontario. Duty counsel can give advice, speak to the court on your behalf or help you negotiate a settlement.

Advice lawyers are available at designated times at Family Law Information Centres. An advice lawyer can give general legal information on family law matters free of charge. If you are financially eligible, the advice lawyer may be able to give you legal advice specific to your case.

Legal Aid Ontario provides certificates to cover the cost of getting your own lawyer. If you are financially eligible and the legal issues in your case are covered, you may take the certificate to a lawyer of your choice who accepts legal aid cases.

Contact Legal Aid Ontario for more information.

Mandatory Information Programs (MIPs) are available at family court locations across Ontario.
MIPs provide attendees with information about separation/divorce and the legal process, including

• The effects of separation and divorce on adults and children
• Alternatives to litigation
• Family law issues
• The Family Court process
• Local resources and programs for families facing separation and/or divorce

If either parent has started a family court case, both parents must attend a MIP as the first step in the case. There are some exceptions. You do not have attend the information program where,

• You are proceeding on consent. Both parents agree as to the court order that is being requested.
• Both parties are only asking for a divorce, costs, or an order incorporating the terms of an agreement or prior court order
• Both parents have already attended a mandatory information program.

If you want to attend an information program, but you are not involved in a family court case, you can attend by contacting family mediation and information service providers in your area. They can arrange for you to attend a (MIP). Go to
Service Provider by Family Court Location

Family Law Information Centres(FLICs) in family courts across Ontario can also provide you with assistance. At these centres, you can find information about separation, divorce, related family law issues, family justice services, alternative forms of dispute resolution, local community resources and court processes. Information and Referral Coordinators(IRCs) are available at designated times to help you understand your needs and to make referrals to appropriate services. IRCs can give you information about family mediation and other ways to solve your issues without going to court.

For more information about the resources and services available at each family court location and to see a list of all FLICs throughout the province, go to the Ontario Ministry of the Attorney General Family Law Information Centres (FLICs).

You may need to change the terms of your agreement where you feel you can no longer follow it or where you believe your obligations under the agreement should be stopped. Your written agreement regarding the children can be changed without going to court if both parents agree to the changes in writing. Each parent should have his or her own lawyer so that the written changes reflect what the parent intended and the changes are binding and enforceable. At the very least, you should have a lawyer review the changes to the agreement and your circumstances before you sign any agreement to change.

Where you find it difficult to communicate with the other parent, consider whether it might be beneficial to have a neutral third-party professional, such as a lawyer or an alternative dispute resolution professional, to assist you and the other parent in coming to an agreement. Lawyers who practice collaborative family law may also help. Collaborative lawyers assist parties in negotiating a resolution of their dispute in a principled and respectful fashion without going to court.

Help to settle out of court: alternative dispute resolution

Alternative dispute resolution methods for separated parents

Mediation, arbitration and collaborative family law

If you and the other parent can’t agree on the changes, you may go to court and ask the judge to change or end the written agreement. Going to court to alter the terms of an agreement may be complicated depending on the agreement and the circumstances. In addition, your written agreement may set out the steps that must be followed before you’re able to go to court to ask for changes. You should contact a lawyer to review the agreement and all of the facts to determine how best to proceed in light of your circumstances.

If you believe that you can’t comply with the agreement because of a risk to you or your children, you should get legal advice as soon as possible to determine what you should do.

A special procedure is available to parents who want to change the child support terms contained in a separation agreement.

A parent can file his or her separation agreement with the court. Once the separation agreement is filed, you may ask a judge to change or end an agreement to pay support by bringing a motion to change to the court. A motion to change a child support payment is often brought when one or more of the following happens:

• The parent paying child support is making more money than he or she was when the agreement was made.
• The parent paying support is making less money than he or she was when the agreement was made.
• The child has finished school, married or moved out on his or her own.
• The child or children are now living with the parent who was paying child support or a different person.

Your lawyer can explain your legal rights and obligations, discuss approaches to resolving issues and talk to you about services in the community that can help you. All information the lawyer obtains about your case is confidential. In addition, private discussions relating to legal advice between you and your lawyer are privileged, which means that the lawyer can’t be forced to reveal this information without your permission.

Look for a lawyer who has experience in family law. This person should also be someone you feel comfortable with—someone you can talk to and ask questions of.

You can contact the Law Society Referral Service, a public service of the Law Society of Upper Canada that helps people find a lawyer. When you call the service, the Law Society will give you the name of a lawyer who will provide a free consultation of up to 30 minutes to help you determine your rights and options. Just call 1-800-268-8326 or 416-947-3330 (within the Greater Toronto Area).

Where you want to change the provisions of a child support agreement, you should consult Motion to Change a Final Court Order or a Support Agreement, A Self-Help Guide, How to Make a Motion to Change.

For a guide that covers the procedure for bringing court cases generally, refer to A Guide to Procedures in Family Court. The purpose of the guide is to help you understand what’s involved in going to court in a family law matter and includes the forms that must be completed and procedures that need to be followed when going to court.

Use the online Ontario Court Forms.

A free Family Law Information Program is an online resource to help families and former spouses and partners about to enter the family justice system. The program’s goal is to help you make more informed decisions about the legal and emotional issues that often arise at the end of a relationship. The program provides legal and practical information on topics such as child custody, shared parenting and support. The program is easy to understand. It uses both audio and text in simple, clear language to guide you through legal definitions, legal representation, dispute resolution, the family court process and more.

Legal Aid Ontario (LAO) provides access to legal services for low-income people. In order to receive these services, you must be financially eligible, which means your income is below the amounts set by LAO. The type of services depends on the legal issues in your case. The three main services provided to eligible individuals are duty counsel, advice lawyers and legal aid certificates.

Duty counsel can give immediate legal assistance to those who are financially eligible and appear in court without a lawyer. Services are available in most court locations in Ontario. Duty counsel can give advice, speak to the court on your behalf or help you negotiate a settlement.

Advice lawyers are available at designated times at Family Law Information Centres. An advice lawyer can give general legal information on family law matters free of charge. If you are financially eligible, the advice lawyer may be able to give you legal advice specific to your case.

Legal Aid Ontario provides certificates to cover the cost of getting your own lawyer. If you are financially eligible and the legal issues in your case are covered, you may take the certificate to a lawyer of your choice who accepts legal aid cases.

Contact Legal Aid Ontario for more information.

Mandatory Information Programs (MIPs) are available at family court locations across Ontario.
MIPs provide attendees with information about separation/divorce and the legal process, including

• The effects of separation and divorce on adults and children
• Alternatives to litigation
• Family law issues
• The Family Court process
• Local resources and programs for families facing separation and/or divorce

If either parent has started a family court case, both parents must attend a MIP as the first step in the case. There are some exceptions. You do not have attend the information program where,

• You are proceeding on consent. Both parents agree as to the court order that is being requested.
• Both parties are only asking for a divorce, costs, or an order incorporating the terms of an agreement or prior court order
• Both parents have already attended a mandatory information program.

If you want to attend an information program, but you are not involved in a family court case, you can attend by contacting family mediation and information service providers in your area. They can arrange for you to attend a (MIP). Go to
Service Provider by Family Court Location

Family Law Information Centres(FLICs) in family courts across Ontario can also provide you with assistance. At these centres, you can find information about separation, divorce, related family law issues, family justice services, alternative forms of dispute resolution, local community resources and court processes. Information and Referral Coordinators(IRCs) are available at designated times to help you understand your needs and to make referrals to appropriate services. IRCs can give you information about family mediation and other ways to solve your issues without going to court.

For more information about the resources and services available at each family court location and to see a list of all FLICs throughout the province, go to the Ontario Ministry of the Attorney General Family Law Information Centres (FLICs).

It’s important for you to read carefully all court documents you have received, making note of any dates or important deadlines. Depending on the type of document that you have received, you may be required to file documents before a certain deadline, or you may be required to go to court on a certain date. If you miss an important deadline, you may be refused the right to file documents, and an order may be made against you. The order may be on that you feel is against your interests or those of the children.

Two court forms or documents are commonly used in family law cases to let people know that a court case has been started against them.They are an application and a motion to change. Where it’s alleged that you have not paid child support in accordance with the terms of an agreement or court order, you may have received a notice of default hearing. A default hearing is a hearing before a judge where you have to explain why you’re behind in your payments.

Other documents are usually delivered at the same time or attached to these documents. Additional documents, such as a notice of motion, may be received during the court case.

The Divorce Act, the Family Law Act, the Children’s Law Reform Act and the Child and Family Services Act contain much of the law that applies to families. Some family law is also in the written decisions of judges. The decisions are known as “case law.”

The Divorce Act, the Children’s Law Reform Act, and case law make up most of the law that relates to custody and access.

For child support, the court refers to the Divorce Act, the Family Law Act, the Federal and Ontario Child Support Guidelines, as well as case law.

You must follow the Family Law Rules in order for your case to proceed. There’s a rule for every step in a case, and every person using the court is responsible for following the procedures set out in the Rules. For example, one rule tells you how much time you have to respond to a case made against you. Another rule outlines the financial documents and forms that you must file if the case involves child support.

Generally, each person in a family case before the courts must be given the chance to receive and respond to the other person’s requests as well as any information that’s provided to the court in support of the requests. This means that the other parent in your case must be provided with a copy of any document that you provide to the court. This requirement ensures that the other parent will have the opportunity to respond and tell their side of the story.

In general, the role of judges is to decide cases that come before them based on the evidence and the law. Judges must be neutral and impartial and can’t give legal advice or assistance to the parties in a case. Judges are adjudicators. However, when judges preside over settlement conferences, they act more as mediators, because they try to help parents (and their lawyers) come to an agreement so that the case does not have to go to trial.

You may not contact or discuss your case with the judge outside of your scheduled court appearances. A judge may not accept or consider information that’s not shared with the other party.

The following is a brief description of common terms used in court procedures.

The person starting a family case is called the applicant. The other person responding to the application is called the respondent.

To start a family case, you must complete an application, which tells the court what you’re asking from the court, for example custody of a child, a divorce or spousal support. The application provides important background information about the history of your relationship with the other person and any children you have. It also sets out the facts that you’re relying on to support your request.

It is up to you to make sure the respondent receives a copy of your application together with any other forms and documents supporting the claims that you make in your application. Giving the respondent these documents is called service.

The respondent has the opportunity to review the application materials and to respond to the application by completing an answer. If you’re a respondent, filing an answer gives you the opportunity to tell the court

• what you do and don’t agree with in the application,
• your version of the history of the relationship, and
• what decision or order you think the court should make in the circumstances.

Depending on the issues, where a parent has started a family court case, both parents need to attend Mandatory Information Programs (MIPs) as the first step in the case, but there are exceptions to this rule. These programs provide information about separation, divorce and the legal process.

Conferences take place throughout the family court process. Conferences give you, the other party and your lawyers an opportunity to meet with the judge to talk about the progress of the case and to discuss ways in which some or all of the matters might be resolved. Conferences also give the judge the chance to make sure you and the other party have provided each other and the court with the information required to move your case forward.

In most cases, the first time you’ll appear before a judge is for a case conference. It’s very important that you and the other party exchange all of the necessary information with each other and the court before every conference. You’ll do this by completing and serving documents contained in a conference brief on the other party. At the case conference, the judge might give directions as to the steps to be taken to prepare for the settlement conference. These steps usually relate to the disclosure of information between the parties.

If you aren’t able to settle all of the issues at a case conference, the next step is usually a settlement conference. Before a settlement conference, the parties need to exchange settlement conference briefs and other supporting information. At a settlement conference, the judge will usually discuss the issues that are in dispute, the parties’ positions on those issues and ways in which the issues can be resolved. The judge may also make recommendations as to an appropriate settlement.

During the case, you or any other party may ask the court for a decision or ruling. This request is called a motion. A motion may be brought at any time after a case conference has been held. In some cases where there’s a situation of urgency or hardship, a judge may hear a motion before a case conference.

The person bringing the motion is called the moving party. The person receiving the motion is called the responding party. The moving party starts a motion by serving the other party with a notice of motion. The decision made by the judge on the motion is an order. An order can be temporary or final.

The order the judge makes on a motion would normally set out the arrangements that are to be followed until a final decision on the issue can be made. An example of a motion is a request by the moving party for a decision by the judge about where the children will live and whether child support is to be paid by one of the parties until a final decision is made.

The court will usually decide a motion based on affidavit evidence. Affidavit evidence is where you set out the information or evidence you think the judge needs to make a decision in a written document that’s called an affidavit. You must swear or affirm that the information in the affidavit’s true, and you must sign the affidavit in front of a person who’s a commissioner for taking affidavits. If you don’t know where to find a commissioner for taking affidavits, you can ask for help at the family court office.

If you aren’t able to work out the issues on your own (or after attending conferences before a judge), it may be necessary to go to trial. At a trial, you and the other party will present the information and evidence in support of your position. You’ll also have the opportunity to bring witnesses to court to ask them questions about the issues in the case, and you’ll have a chance to ask questions of any witnesses the other party brings to court. The judge will make a final decision based on the information and evidence presented at trial. The decision will be set out in a final order.

A lawyer can help you understand the case that’s being made against you and explain your rights and responsibilities. You should try to speak to a lawyer as soon as possible since you have a limited time to respond after receiving these types of court documents.

Your lawyer can explain your legal rights and obligations, discuss approaches to resolving issues and talk to you about services in the community that can help you. All information the lawyer obtains about your case is confidential. In addition, private discussions relating to legal advice between you and your lawyer are privileged, which means that the lawyer can’t be forced to reveal this information without your permission.

Look for a lawyer who has experience in family law. This person should also be someone you feel comfortable with—someone you can talk to and ask questions of.

You can contact the Law Society Referral Service, a public service of the Law Society of Upper Canada that helps people find a lawyer. When you call the service, the Law Society will give you the name of a lawyer who will provide a free consultation of up to 30 minutes to help you determine your rights and options. Just call 1-800-268-8326 or 416-947-3330 (within the Greater Toronto Area).

Use self-help guides to help understand the forms and procedures when attending court.

For information about what to do when you have received an application or a notice of motion, refer to A Guide to Procedures in Family Court. This guide explains procedures in family law court cases. Part 3 (Answers) and Part 8 (Motions) deal with how to respond to applications and notices of motion.

For information about what to do when you have received a notice of motion to change, refer to Motion to Change a Final Family Court Order or a Support Agreement, A Self-Help Guide: When You Are Served with a Motion to Change. This guide provides information on court procedures where the other parent wants to change your existing order or support agreement.

For information about what to do when you have received a notice of default hearing, refer to What should I do if…I have received a Notice of Default Hearing. This booklet gives information on what you should do where the other parent claims you have fallen behind on your support payments.

Use the online Ontario Court Forms.

A free Family Law Information Program is an online resource to help families and former spouses and partners about to enter the family justice system. The program’s goal is to help you make more informed decisions about the legal and emotional issues that often arise at the end of a relationship. The program provides legal and practical information on topics such as child custody, shared parenting and support. The program is easy to understand. It uses both audio and text in simple, clear language to guide you through legal definitions, legal representation, dispute resolution, the family court process and more.

Legal Aid Ontario (LAO) provides access to legal services for low-income people. In order to receive these services, you must be financially eligible, which means your income is below the amounts set by LAO. The type of services depends on the legal issues in your case. The three main services provided to eligible individuals are duty counsel, advice lawyers and legal aid certificates.

Duty counsel can give immediate legal assistance to those who are financially eligible and appear in court without a lawyer. Services are available in most court locations in Ontario. Duty counsel can give advice, speak to the court on your behalf or help you negotiate a settlement.

Advice lawyers are available at designated times at Family Law Information Centres. An advice lawyer can give general legal information on family law matters free of charge. If you are financially eligible, the advice lawyer may be able to give you legal advice specific to your case.

Legal Aid Ontario provides certificates to cover the cost of getting your own lawyer. If you are financially eligible and the legal issues in your case are covered, you may take the certificate to a lawyer of your choice who accepts legal aid cases.

Contact Legal Aid Ontario for more information.

Mandatory Information Programs (MIPs) are available at family court locations across Ontario.
MIPs provide attendees with information about separation/divorce and the legal process, including

• The effects of separation and divorce on adults and children
• Alternatives to litigation
• Family law issues
• The Family Court process
• Local resources and programs for families facing separation and/or divorce

If either parent has started a family court case, both parents must attend a MIP as the first step in the case. There are some exceptions. You do not have attend the information program where,

• You are proceeding on consent. Both parents agree as to the court order that is being requested.
• Both parties are only asking for a divorce, costs, or an order incorporating the terms of an agreement or prior court order
• Both parents have already attended a mandatory information program.

If you want to attend an information program, but you are not involved in a family court case, you can attend by contacting family mediation and information service providers in your area. They can arrange for you to attend a (MIP). Go to
Service Provider by Family Court Location

Family Law Information Centres(FLICs) in family courts across Ontario can also provide you with assistance. At these centres, you can find information about separation, divorce, related family law issues, family justice services, alternative forms of dispute resolution, local community resources and court processes. Information and Referral Coordinators(IRCs) are available at designated times to help you understand your needs and to make referrals to appropriate services. IRCs can give you information about family mediation and other ways to solve your issues without going to court.

For more information about the resources and services available at each family court location and to see a list of all FLICs throughout the province, go to the Ontario Ministry of the Attorney General Family Law Information Centres (FLICs).

Where the other parent refuses to comply with the terms of the judge’s order, you may go to court to ask a judge to enforce the order. The court can enforce the order by imposing penalties on the other parent for failure to obey the court order. In certain situations, the court may consider changing the custody and access arrangements if it’s in the children’s best interests.

The Family Responsibility Office (FRO) is a government service that collects, distributes and enforces child support (and spousal support) payments that have been ordered by the court. Remember that the FRO is only a collection agency for support. It won’t review or try to change the child support terms of your agreement.

Contact the FRO for more information about enforcement of support.

A lawyer can review your court order and all of the circumstances to advise you as to how best to proceed.

Your lawyer can explain your legal rights and obligations, discuss approaches to resolving issues and talk to you about services in the community that can help you. All information the lawyer obtains about your case is confidential. In addition, private discussions relating to legal advice between you and your lawyer are privileged, which means that the lawyer can’t be forced to reveal this information without your permission.

Look for a lawyer who has experience in family law. This person should also be someone you feel comfortable with—someone you can talk to and ask questions of.

You can contact the Law Society Referral Service, a public service of the Law Society of Upper Canada that helps people find a lawyer. When you call the service, the Law Society will give you the name of a lawyer who will provide a free consultation of up to 30 minutes to help you determine your rights and options. Just call 1-800-268-8326 or 416-947-3330 (within the Greater Toronto Area).

A custody or access order is never final. It’s always subject to review and change if there’s been a material change in circumstances. A material change in circumstances is generally a significant change in the circumstances of one or both of the parents or in the circumstances of the child. You may ask the other parent if he or she will agree to the change or end to the obligations under the court order. The agreement to change the order will have to be filed with the court, and a new order made containing the new terms that you have agreed on. A lawyer can help you take the necessary steps to change the order.

Where you find it difficult to communicate with the other parent, consider whether it might be beneficial to have a neutral third-party professional, such as a lawyer or an alternative dispute resolution professional, to assist you and the other parent in coming to an agreement. Lawyers who practice collaborative family law may also help. Collaborative lawyers assist parties in negotiating a resolution of their dispute in a principled and respectful fashion without going to court.

Help to settle out of court: alternative dispute resolution

Alternative dispute resolution methods for separated parents

Mediation, arbitration and collaborative family law

If you can’t agree, then you must apply to court to have the order changed or terminated. This may be a complicated process depending on your circumstances. It’s important that you obtain legal advice about the change that you want made to the court order.

It’s important that you continue to follow the current court order until it’s changed. If you don’t, you may face penalties if you’re found in contempt of court. The judge may order fines against you and, in serious cases, may order that you be imprisoned. The judge may make orders against you that the court determines are appropriate for failure to obey the court order.

If you believe that you can’t comply with the court order because of a risk to you or your children, you should get legal advice immediately.

You may ask a judge to change or end obligations under a final court order by applying to the court for a motion to change. A motion to change is the name of the court procedure used to ask a judge to make the changes. An order is the judge’s direction requiring a person to do something or refrain from doing something. A final order is an order that decides the case or claim on a final basis. Final orders are to be distinguished from temporary orders. A temporary order is an order that’s valid for a specified period of time or until there’s a final order. Temporary orders don’t finally dispose of or resolve the case before the court.

Although a final order brings the case to an end, custody and access orders that finally settle the case are never really “final.” An order can always be changed if it’s in the best interests of the children to do so.

The most common reason people bring a motion to change is to change a support payment. A motion to change is often brought when one or more of the following happens:

• The parent paying child support is making more money than he or she was when the order was made.
• The parent paying support is making less money than he or she was when the order was made.
• The child has finished school, married or moved out on his or her own.
• The child or children are now living with the parent who was paying child support or a different person.

A motion to change can also be used to ask a court to change a final order concerning

• custody,
• access, or
• a restraining/non-harassment order.

A lawyer can advise you of your responsibilities under the existing order and whether facts exist that may convince a judge that the order should be changed or terminated. A lawyer can make sure the proper procedure is followed.

Your lawyer can explain your legal rights and obligations, discuss approaches to resolving issues and talk to you about services in the community that can help you. All information the lawyer obtains about your case is confidential. In addition, private discussions relating to legal advice between you and your lawyer are privileged, which means that the lawyer can’t be forced to reveal this information without your permission.

Look for a lawyer who has experience in family law. This person should also be someone you feel comfortable with—someone you can talk to and ask questions of.

You can contact the Law Society Referral Service, a public service of the Law Society of Upper Canada that helps people find a lawyer. When you call the service, the Law Society will give you the name of a lawyer who will provide a free consultation of up to 30 minutes to help you determine your rights and options. Just call 1-800-268-8326 or 416-947-3330 (within the Greater Toronto Area).

Where you want to change the provisions of a child support agreement, you should consult Motion to Change a Final Court Order or a Support Agreement, A Self-Help Guide, How to Make a Motion to Change.

For a guide that covers the procedure for bringing court cases generally, refer to A Guide to Procedures in Family Court. The purpose of the guide is to help you understand what’s involved in going to court in a family law matter and includes the forms that must be completed and procedures that need to be followed when going to court.

Use the online Ontario Court Forms.

A free Family Law Information Program is an online resource to help families and former spouses and partners about to enter the family justice system. The program’s goal is to help you make more informed decisions about the legal and emotional issues that often arise at the end of a relationship. The program provides legal and practical information on topics such as child custody, shared parenting and support. The program is easy to understand. It uses both audio and text in simple, clear language to guide you through legal definitions, legal representation, dispute resolution, the family court process and more.

Legal Aid Ontario (LAO) provides access to legal services for low-income people. In order to receive these services, you must be financially eligible, which means your income is below the amounts set by LAO. The type of services depends on the legal issues in your case. The three main services provided to eligible individuals are duty counsel, advice lawyers and legal aid certificates.

Duty counsel can give immediate legal assistance to those who are financially eligible and appear in court without a lawyer. Services are available in most court locations in Ontario. Duty counsel can give advice, speak to the court on your behalf or help you negotiate a settlement.

Advice lawyers are available at designated times at Family Law Information Centres. An advice lawyer can give general legal information on family law matters free of charge. If you are financially eligible, the advice lawyer may be able to give you legal advice specific to your case.

Legal Aid Ontario provides certificates to cover the cost of getting your own lawyer. If you are financially eligible and the legal issues in your case are covered, you may take the certificate to a lawyer of your choice who accepts legal aid cases.

Contact Legal Aid Ontario for more information.

Mandatory Information Programs (MIPs) are available at family court locations across Ontario.
MIPs provide attendees with information about separation/divorce and the legal process, including

• The effects of separation and divorce on adults and children
• Alternatives to litigation
• Family law issues
• The Family Court process
• Local resources and programs for families facing separation and/or divorce

If either parent has started a family court case, both parents must attend a MIP as the first step in the case. There are some exceptions. You do not have attend the information program where,

• You are proceeding on consent. Both parents agree as to the court order that is being requested.
• Both parties are only asking for a divorce, costs, or an order incorporating the terms of an agreement or prior court order
• Both parents have already attended a mandatory information program.

If you want to attend an information program, but you are not involved in a family court case, you can attend by contacting family mediation and information service providers in your area. They can arrange for you to attend a (MIP). Go to
Service Provider by Family Court Location

Family Law Information Centres(FLICs) in family courts across Ontario can also provide you with assistance. At these centres, you can find information about separation, divorce, related family law issues, family justice services, alternative forms of dispute resolution, local community resources and court processes. Information and Referral Coordinators(IRCs) are available at designated times to help you understand your needs and to make referrals to appropriate services. IRCs can give you information about family mediation and other ways to solve your issues without going to court.

For more information about the resources and services available at each family court location and to see a list of all FLICs throughout the province, go to the Ontario Ministry of the Attorney General Family Law Information Centres (FLICs).

A custody or access order is never final. It’s always subject to review and change if there’s been a material change in circumstances. A material change in circumstances is generally a significant change in the circumstances of one or both of the parents or in the circumstances of the child. You may ask the other parent if he or she will agree to the change or end to the obligations under the court order. The agreement to change the order will have to be filed with the court, and a new order made containing the new terms that you have agreed on. A lawyer can help you take the necessary steps to change the order.

Where you find it difficult to communicate with the other parent, consider whether it might be beneficial to have a neutral third-party professional, such as a lawyer or an alternative dispute resolution professional, to assist you and the other parent in coming to an agreement. Lawyers who practice collaborative family law may also help. Collaborative lawyers assist parties in negotiating a resolution of their dispute in a principled and respectful fashion without going to court.

Help to settle out of court: alternative dispute resolution

Alternative dispute resolution methods for separated parents

Mediation, arbitration and collaborative family law

If you can’t agree, then you must apply to court to have the order changed or terminated. This may be a complicated process depending on your circumstances. It’s important that you obtain legal advice about the change that you want made to the court order.

It’s important that you continue to follow the current court order until it’s changed. If you don’t, you may face penalties if you’re found in contempt of court. The judge may order fines against you and, in serious cases, may order that you be imprisoned. The judge may make orders against you that the court determines are appropriate for failure to obey the court order.

If you believe that you can’t comply with the court order because of a risk to you or your children, you should get legal advice immediately.

You may ask a judge to change or end obligations under a final court order by applying to the court for a motion to change. A motion to change is the name of the court procedure used to ask a judge to make the changes. An order is the judge’s direction requiring a person to do something or refrain from doing something. A final order is an order that decides the case or claim on a final basis. Final orders are to be distinguished from temporary orders. A temporary order is an order that’s valid for a specified period of time or until there’s a final order. Temporary orders don’t finally dispose of or resolve the case before the court.

Although a final order brings the case to an end, custody and access orders that finally settle the case are never really “final.” An order can always be changed if it’s in the best interests of the children to do so.

The most common reason people bring a motion to change is to change a support payment. A motion to change is often brought when one or more of the following happens:

• The parent paying child support is making more money than he or she was when the order was made.
• The parent paying support is making less money than he or she was when the order was made.
• The child has finished school, married or moved out on his or her own.
• The child or children are now living with the parent who was paying child support or a different person.

A motion to change can also be used to ask a court to change a final order concerning

• custody,
• access, or
• a restraining/non-harassment order.

A lawyer can advise you of your responsibilities under the existing order and whether facts exist that may convince a judge that the order should be changed or terminated. A lawyer can make sure the proper procedure is followed.

Your lawyer can explain your legal rights and obligations, discuss approaches to resolving issues and talk to you about services in the community that can help you. All information the lawyer obtains about your case is confidential. In addition, private discussions relating to legal advice between you and your lawyer are privileged, which means that the lawyer can’t be forced to reveal this information without your permission.

Look for a lawyer who has experience in family law. This person should also be someone you feel comfortable with—someone you can talk to and ask questions of.

You can contact the Law Society Referral Service, a public service of the Law Society of Upper Canada that helps people find a lawyer. When you call the service, the Law Society will give you the name of a lawyer who will provide a free consultation of up to 30 minutes to help you determine your rights and options. Just call 1-800-268-8326 or 416-947-3330 (within the Greater Toronto Area).

Where you want to change the provisions of a child support agreement, you should consult Motion to Change a Final Court Order or a Support Agreement, A Self-Help Guide, How to Make a Motion to Change.

For a guide that covers the procedure for bringing court cases generally, refer to A Guide to Procedures in Family Court. The purpose of the guide is to help you understand what’s involved in going to court in a family law matter and includes the forms that must be completed and procedures that need to be followed when going to court.

Use the online Ontario Court Forms.

A free Family Law Information Program is an online resource to help families and former spouses and partners about to enter the family justice system. The program’s goal is to help you make more informed decisions about the legal and emotional issues that often arise at the end of a relationship. The program provides legal and practical information on topics such as child custody, shared parenting and support. The program is easy to understand. It uses both audio and text in simple, clear language to guide you through legal definitions, legal representation, dispute resolution, the family court process and more.

Legal Aid Ontario (LAO) provides access to legal services for low-income people. In order to receive these services, you must be financially eligible, which means your income is below the amounts set by LAO. The type of services depends on the legal issues in your case. The three main services provided to eligible individuals are duty counsel, advice lawyers and legal aid certificates.

Duty counsel can give immediate legal assistance to those who are financially eligible and appear in court without a lawyer. Services are available in most court locations in Ontario. Duty counsel can give advice, speak to the court on your behalf or help you negotiate a settlement.

Advice lawyers are available at designated times at Family Law Information Centres. An advice lawyer can give general legal information on family law matters free of charge. If you are financially eligible, the advice lawyer may be able to give you legal advice specific to your case.

Legal Aid Ontario provides certificates to cover the cost of getting your own lawyer. If you are financially eligible and the legal issues in your case are covered, you may take the certificate to a lawyer of your choice who accepts legal aid cases.

Contact Legal Aid Ontario for more information.

Mandatory Information Programs (MIPs) are available at family court locations across Ontario.
MIPs provide attendees with information about separation/divorce and the legal process, including

• The effects of separation and divorce on adults and children
• Alternatives to litigation
• Family law issues
• The Family Court process
• Local resources and programs for families facing separation and/or divorce

If either parent has started a family court case, both parents must attend a MIP as the first step in the case. There are some exceptions. You do not have attend the information program where,

• You are proceeding on consent. Both parents agree as to the court order that is being requested.
• Both parties are only asking for a divorce, costs, or an order incorporating the terms of an agreement or prior court order
• Both parents have already attended a mandatory information program.

If you want to attend an information program, but you are not involved in a family court case, you can attend by contacting family mediation and information service providers in your area. They can arrange for you to attend a (MIP). Go to
Service Provider by Family Court Location

Family Law Information Centres(FLICs) in family courts across Ontario can also provide you with assistance. At these centres, you can find information about separation, divorce, related family law issues, family justice services, alternative forms of dispute resolution, local community resources and court processes. Information and Referral Coordinators(IRCs) are available at designated times to help you understand your needs and to make referrals to appropriate services. IRCs can give you information about family mediation and other ways to solve your issues without going to court.

For more information about the resources and services available at each family court location and to see a list of all FLICs throughout the province, go to the Ontario Ministry of the Attorney General Family Law Information Centres (FLICs).

It’s important for you to read carefully all court documents you have received, making note of any dates or important deadlines. Depending on the type of document that you have received, you may be required to file documents before a certain deadline, or you may be required to go to court on a certain date. If you miss an important deadline, you may be refused the right to file documents, and an order may be made against you. The order may be on that you feel is against your interests or those of the children.

Two court forms or documents are commonly used in family law cases to let people know that a court case has been started against them.They are an application and a motion to change. Where it’s alleged that you have not paid child support in accordance with the terms of an agreement or court order, you may have received a notice of default hearing. A default hearing is a hearing before a judge where you have to explain why you’re behind in your payments.

Other documents are usually delivered at the same time or attached to these documents. Additional documents, such as a notice of motion, may be received during the court case.

The Divorce Act, the Family Law Act, the Children’s Law Reform Act and the Child and Family Services Act contain much of the law that applies to families. Some family law is also in the written decisions of judges. The decisions are known as “case law.”

The Divorce Act, the Children’s Law Reform Act, and case law make up most of the law that relates to custody and access.

For child support, the court refers to the Divorce Act, the Family Law Act, the Federal and Ontario Child Support Guidelines, as well as case law.

You must follow the Family Law Rules in order for your case to proceed. There’s a rule for every step in a case, and every person using the court is responsible for following the procedures set out in the Rules. For example, one rule tells you how much time you have to respond to a case made against you. Another rule outlines the financial documents and forms that you must file if the case involves child support.

Generally, each person in a family case before the courts must be given the chance to receive and respond to the other person’s requests as well as any information that’s provided to the court in support of the requests. This means that the other parent in your case must be provided with a copy of any document that you provide to the court. This requirement ensures that the other parent will have the opportunity to respond and tell their side of the story.

In general, the role of judges is to decide cases that come before them based on the evidence and the law. Judges must be neutral and impartial and can’t give legal advice or assistance to the parties in a case. Judges are adjudicators. However, when judges preside over settlement conferences, they act more as mediators, because they try to help parents (and their lawyers) come to an agreement so that the case does not have to go to trial.

You may not contact or discuss your case with the judge outside of your scheduled court appearances. A judge may not accept or consider information that’s not shared with the other party.

The following is a brief description of common terms used in court procedures.

The person starting a family case is called the applicant. The other person responding to the application is called the respondent.

To start a family case, you must complete an application, which tells the court what you’re asking from the court, for example custody of a child, a divorce or spousal support. The application provides important background information about the history of your relationship with the other person and any children you have. It also sets out the facts that you’re relying on to support your request.

It is up to you to make sure the respondent receives a copy of your application together with any other forms and documents supporting the claims that you make in your application. Giving the respondent these documents is called service.

The respondent has the opportunity to review the application materials and to respond to the application by completing an answer. If you’re a respondent, filing an answer gives you the opportunity to tell the court

• what you do and don’t agree with in the application,
• your version of the history of the relationship, and
• what decision or order you think the court should make in the circumstances.

Depending on the issues, where a parent has started a family court case, both parents need to attend Mandatory Information Programs (MIPs) as the first step in the case, but there are exceptions to this rule. These programs provide information about separation, divorce and the legal process.

Conferences take place throughout the family court process. Conferences give you, the other party and your lawyers an opportunity to meet with the judge to talk about the progress of the case and to discuss ways in which some or all of the matters might be resolved. Conferences also give the judge the chance to make sure you and the other party have provided each other and the court with the information required to move your case forward.

In most cases, the first time you’ll appear before a judge is for a case conference. It’s very important that you and the other party exchange all of the necessary information with each other and the court before every conference. You’ll do this by completing and serving documents contained in a conference brief on the other party. At the case conference, the judge might give directions as to the steps to be taken to prepare for the settlement conference. These steps usually relate to the disclosure of information between the parties.

If you aren’t able to settle all of the issues at a case conference, the next step is usually a settlement conference. Before a settlement conference, the parties need to exchange settlement conference briefs and other supporting information. At a settlement conference, the judge will usually discuss the issues that are in dispute, the parties’ positions on those issues and ways in which the issues can be resolved. The judge may also make recommendations as to an appropriate settlement.

During the case, you or any other party may ask the court for a decision or ruling. This request is called a motion. A motion may be brought at any time after a case conference has been held. In some cases where there’s a situation of urgency or hardship, a judge may hear a motion before a case conference.

The person bringing the motion is called the moving party. The person receiving the motion is called the responding party. The moving party starts a motion by serving the other party with a notice of motion. The decision made by the judge on the motion is an order. An order can be temporary or final.

The order the judge makes on a motion would normally set out the arrangements that are to be followed until a final decision on the issue can be made. An example of a motion is a request by the moving party for a decision by the judge about where the children will live and whether child support is to be paid by one of the parties until a final decision is made.

The court will usually decide a motion based on affidavit evidence. Affidavit evidence is where you set out the information or evidence you think the judge needs to make a decision in a written document that’s called an affidavit. You must swear or affirm that the information in the affidavit’s true, and you must sign the affidavit in front of a person who’s a commissioner for taking affidavits. If you don’t know where to find a commissioner for taking affidavits, you can ask for help at the family court office.

If you aren’t able to work out the issues on your own (or after attending conferences before a judge), it may be necessary to go to trial. At a trial, you and the other party will present the information and evidence in support of your position. You’ll also have the opportunity to bring witnesses to court to ask them questions about the issues in the case, and you’ll have a chance to ask questions of any witnesses the other party brings to court. The judge will make a final decision based on the information and evidence presented at trial. The decision will be set out in a final order.

A lawyer can help you understand the case that’s being made against you and explain your rights and responsibilities. You should try to speak to a lawyer as soon as possible since you have a limited time to respond after receiving these types of court documents.

Your lawyer can explain your legal rights and obligations, discuss approaches to resolving issues and talk to you about services in the community that can help you. All information the lawyer obtains about your case is confidential. In addition, private discussions relating to legal advice between you and your lawyer are privileged, which means that the lawyer can’t be forced to reveal this information without your permission.

Look for a lawyer who has experience in family law. This person should also be someone you feel comfortable with—someone you can talk to and ask questions of.

You can contact the Law Society Referral Service, a public service of the Law Society of Upper Canada that helps people find a lawyer. When you call the service, the Law Society will give you the name of a lawyer who will provide a free consultation of up to 30 minutes to help you determine your rights and options. Just call 1-800-268-8326 or 416-947-3330 (within the Greater Toronto Area).

Use self-help guides to help understand the forms and procedures when attending court.

For information about what to do when you have received an application or a notice of motion, refer to A Guide to Procedures in Family Court. This guide explains procedures in family law court cases. Part 3 (Answers) and Part 8 (Motions) deal with how to respond to applications and notices of motion.

For information about what to do when you have received a notice of motion to change, refer to Motion to Change a Final Family Court Order or a Support Agreement, A Self-Help Guide: When You Are Served with a Motion to Change. This guide provides information on court procedures where the other parent wants to change your existing order or support agreement.

For information about what to do when you have received a notice of default hearing, refer to What should I do if…I have received a Notice of Default Hearing. This booklet gives information on what you should do where the other parent claims you have fallen behind on your support payments.

Use the online Ontario Court Forms.

A free Family Law Information Program is an online resource to help families and former spouses and partners about to enter the family justice system. The program’s goal is to help you make more informed decisions about the legal and emotional issues that often arise at the end of a relationship. The program provides legal and practical information on topics such as child custody, shared parenting and support. The program is easy to understand. It uses both audio and text in simple, clear language to guide you through legal definitions, legal representation, dispute resolution, the family court process and more.

Legal Aid Ontario (LAO) provides access to legal services for low-income people. In order to receive these services, you must be financially eligible, which means your income is below the amounts set by LAO. The type of services depends on the legal issues in your case. The three main services provided to eligible individuals are duty counsel, advice lawyers and legal aid certificates.

Duty counsel can give immediate legal assistance to those who are financially eligible and appear in court without a lawyer. Services are available in most court locations in Ontario. Duty counsel can give advice, speak to the court on your behalf or help you negotiate a settlement.

Advice lawyers are available at designated times at Family Law Information Centres. An advice lawyer can give general legal information on family law matters free of charge. If you are financially eligible, the advice lawyer may be able to give you legal advice specific to your case.

Legal Aid Ontario provides certificates to cover the cost of getting your own lawyer. If you are financially eligible and the legal issues in your case are covered, you may take the certificate to a lawyer of your choice who accepts legal aid cases.

Contact Legal Aid Ontario for more information.

Mandatory Information Programs (MIPs) are available at family court locations across Ontario.
MIPs provide attendees with information about separation/divorce and the legal process, including

• The effects of separation and divorce on adults and children
• Alternatives to litigation
• Family law issues
• The Family Court process
• Local resources and programs for families facing separation and/or divorce

If either parent has started a family court case, both parents must attend a MIP as the first step in the case. There are some exceptions. You do not have attend the information program where,

• You are proceeding on consent. Both parents agree as to the court order that is being requested.
• Both parties are only asking for a divorce, costs, or an order incorporating the terms of an agreement or prior court order
• Both parents have already attended a mandatory information program.

If you want to attend an information program, but you are not involved in a family court case, you can attend by contacting family mediation and information service providers in your area. They can arrange for you to attend a (MIP). Go to
Service Provider by Family Court Location

Family Law Information Centres(FLICs) in family courts across Ontario can also provide you with assistance. At these centres, you can find information about separation, divorce, related family law issues, family justice services, alternative forms of dispute resolution, local community resources and court processes. Information and Referral Coordinators(IRCs) are available at designated times to help you understand your needs and to make referrals to appropriate services. IRCs can give you information about family mediation and other ways to solve your issues without going to court.

For more information about the resources and services available at each family court location and to see a list of all FLICs throughout the province, go to the Ontario Ministry of the Attorney General Family Law Information Centres (FLICs).