There are two factors that you must consider before you start your family case: the appropriate municipality and the appropriate court.

The appropriate municipality

There are rules about where you can start your court case. You must usually start your case in the municipality where:

Rule 5 of the Family Law Rules tells you where you can start your family court case.

The appropriate court

Not all courts deal with every type of family case. You need to choose the appropriate one for your case.

There are three different courts in Ontario that deal with family law cases:

  • Family Court Branch of the Superior Court of Justice
  • Superior Court of Justice
  • Ontario Court of Justice

Family Court Branch of the Superior Court of Justice

The Family Court Branch of the Superior Court of Justice is the only court in Ontario that can hear all types of family law cases. It is located in the following 25 locations:

Barrie
Belleville
Bracebridge
Brockville
Cayuga
Cobourg
Cornwall
Hamilton
Kingston

Kitchener
Lindsay
L’Orignal
London
Napanee
Newmarket
Oshawa
Ottawa
Pembroke

Perth
Peterborough
Picton
Simcoe
Catharines
Thomas
Welland

If you live in one of these locations, go to your local Family Court Branch.

If you do not live in one of these locations, you must start your case in either the Superior Court of Justice or the Ontario Court of Justice, depending on your case.

Superior Court of Justice

The Superior Court of Justice hears family law cases involving:

  • divorce
  • division of family property
  • claims relating to the family home
  • trust claims and claims for unjust enrichment
  • applications and appeals relating to family arbitrations
  • parenting time and decision-making responsibility in respect of children
  • child support
  • spousal support

Ontario Court of Justice

The Ontario Court of Justice hears family law cases involving:

  • parenting time and decision-making responsibility in respect of children
  • child support
  • spousal support
  • enforcement of child or spousal support in a domestic contract, separation agreement, or court order
  • adoption
  • child protection

If you’re not sure which court you should go to, you can call the family court office in your area.