What are the two Family Law Courts that can hear Family Law matters in Ontario?

The answer is the Ontario Court of Justice and the Superior Court of Justice.

With respect to family law, both federal and provincial statutes are involved and thus jurisdiction over proceedings are split between the Ontario Court of Justice and the Superior Court of Justice in a majority of Court locations around Toronto and the GTA. Both Courts have the ability to preside over the following:

  • Decision making responsibility (formerly known as custody)
  • Parenting Time (formerly known as access)
  • Child Support
  • Spousal Support

Furthermore, under provincial law, matters that pertain to adoption and child protection must proceed through the Ontario Court of Justice.

Federal law matters that pertain to both divorce and division of property remain under the sole jurisdiction the Superior Court of Justice even if one of the areas of family law above is included in a claim. For example, if a Court claim or application only involves child support the matter must commence and continue through Ontario Court of Justice, but if a matter involves for example child support and property issues, the matter must proceed to Superior Court of Justice because it has the property element – without the property element the correct Court is the Ontario Court of Justice.

There is now a second branch of the Family Law Court, unified Superior Court of Justice, where for example the Newmarket or Oshawa locations can now allow individuals to proceed with all of the following:

  • Child Support and Spousal Support
  • Decision making responsibility (formerly known as child custody)
  • Parenting Time (formerly known as access)
  • Child Protection
  • Adoption
  • Divorce
  • Division of Property

At Separy Law P.C. – Family Law Group, we understand that family law litigation can be a very daunting and difficult time for all parties involved. That is why we are here to assist you with all your family law needs. For more information, call our Toronto Family Law Lawyers today to book a consultation.

By Christopher Rio Mortel, Associate Lawyer