Going to court

The Ontario Court of Justice developed a guide for unrepresented litigants who have family cases at the court. The guide includes information about appearing in court by virtual, in-person or hybrid hearings.

Rule 5 of the Family Law Rules determines where your case will be heard. Typically, the case will be heard where you and the other party live or if you have children, where the children live.

First Appearance Court

After you attend the Mandatory Information Program (MIP), you will meet with either a court clerk or a judge. This is called the First Appearance Court. When you file your documents with the court, the clerk will write down the date and time of the First Appearance Court on the completed application (Form 8).  You must serve this document with the date and time of the First Appearance Court on the other party, along with the other documents that you are serving, including any blank documents that the other party must complete. 

Rule 40(4) (Case Management in Ontario Court of Justice – First Court Date) of the Family Law Rules contains information about First Appearance Court:

First court date

(4) The clerk shall, on or before the first court date,

(a) confirm that all necessary documents have been served and filed;

(b) refer the parties to sources of information about the court process, alternatives to court (including mediation), the effects of separation and divorce on children and community resources that may help the parties and their children;

(c) if an answer has been filed in response to an application, or if a response to motion to change (Form 15B) or a notice of financial interest has been filed in a motion to change a final order or agreement under rule 15, confirm that the case is ready for a hearing, case conference or settlement conference and schedule it accordingly;

(d) if no answer has been filed in response to an application, send the case to a judge for a decision on the basis of affidavit evidence or, on request of the applicant, schedule a case conference; and

(e) if no response to motion to change (Form 15B), consent motion to change (Form 15C) or notice of financial interest is filed in response to a motion to change a final order or agreement under rule 15, send the case to a judge for a decision on the basis of the evidence filed in the motion.

Typically, the clerk or judge will make sure that all forms have been completed properly and that you have served the other party. Also, during the First Appearance Court, the clerk or judge will schedule a Case Conference.

Note that Rule 40 does not apply to certain matters.