Family Law – Which Court do I apply to?

In Ontario, family law matters are dealt with in separate courts. Each avenue has its benefits and drawbacks.

You must apply to the Superior Court of Justice if you want to do the following:

  1. Apply for a simple divorce;

  2. Ask for custody, access or support as part of the divorce;

  3. Equalization and division of family property.

You can apply to the Ontario Court of Justice if you want to do the following:

  1. Spousal support;

  2. Custody or access to children.

This Court also hears adoption and child protections matters.

You and your spouse can also resolve matters and issues between each other through private settlement, negotiation, collaborative family law, mediation or arbitration instead of going to Court.

Here at Law Booth we believe in the collaborative approach to family law matters. If you want a Separation Agreement drafted, feel free to call us.

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What is the Superior Court of Justice?