There are a number of steps that may be required in most family court cases. These can include a:

  • Mandatory Information Program (MIP)
  • first appearance
  • case conference
  • settlement conference
  • trial management conference

Many of these steps encourage you and the other party to try and settle as many issues as possible early in your case, so that you do not have to go to trial. Trials cost time and money. They can also be very stressful for you and your family.

Resolve issues during the case

Even after a court case has been started, you can talk with the other party or their lawyer at any time during the case and try to resolve your issues outside of court (unless there is a court order that prohibits you from communicating with each other).

If you both agree on how to deal with some or all of your issues at any time during your case, you can write down what you agree on in a document (usually called Minutes of Settlement) or you can get a consent order from the court that sets out the terms of your agreement. A consent order is a court order that says what you and the other party agree to the terms of the order.

Mandatory Information Program

In most situations, once you file an application to start a case in family court, the court clerk will schedule both you and the other party to attend different free Mandatory Information Program (MIP) sessions.

If you are the applicant, you:

  • will receive two notices to go to the MIP session – one for you and one for the other party
  • are responsible for ensuring that the other party’s MIP notice is served on them along with your application

If you are the respondent, you:

  • will receive notice of your MIP session when you receive the notice of the application

MIP sessions may take place online or at the courthouse where the application was filed. The session is an hour long if you do not have children, and two hours long if you have children.

During the session you’ll learn more about:

  • the impact of separation on parents and children
  • the options available to you, including mediation and other dispute resolution processes
  • legal issues (for example, child support)
  • the court process
  • resources that are available to help you deal with problems during a separation (for example, mediation)

Unless you’re exempt, you must attend a MIP session before your first appearance or case conference, and no later than 45 days after the case is started. If you don’t attend a MIP session, the judge can make an order against you for not attending (for example, an order requiring you to pay the other party’s legal costs if the judge decides you’re delaying the case).

If you can’t attend on the scheduled date, call the number that is listed on your MIP notice to reschedule to another date that you are able to attend.

See Rule 8.1 of the Family Law Rules to learn more about the Mandatory Information Program.

After your MIP session

After you have completed the MIP, the person who conducted the program will provide you with a certificate of attendance (or similar confirmation of attendance). You must file the certificate online as soon as possible.

Exemptions

You do not have to attend a MIP if:

  • you have already attended a MIP, for this or any other case
  • you and the other party agree on all matters in your case and are proceeding on consent
  • your case only deals with one or more of the following:
    • a divorce
    • costs
    • an order that only includes the terms of a written agreement or prior court order
    • anything related to family arbitration
  • you are bringing a Motion to Change a Final Order or Agreement relating to spousal support or child support only
  • you get permission from a judge to not attend the MIP because either:
    • your circumstances are urgent
    • attending the MIP would cause you hardship

First appearance

In some cases, the next step after completing your MIP may be a meeting with a court clerk. This is called a first appearance.

You and the other party meet with a court clerk to make sure that:

  • everyone involved in the case was served with a copy of the relevant forms and documents
  • all required forms and documents have been filed with the court

When you or the other party start a case with the court, the court clerk will tell you whether you need to have a first appearance before you can move on to a case conference. Generally, you have a first appearance if your case is at the:

  • Ontario Court of Justice
  • Family Court Branch of the Superior Court of Justice, unless your case deals with a divorce or property

If you need to attend a first appearance:

  • the court clerk will schedule the first appearance when you file your application
  • the date and time of the first appearance will be written on your application, which is served on the respondent along with the rest of your court documents
  • both of you must attend at the specified date and time

If you do not need to attend a first appearance, either you or the other party needs to ask the clerk to schedule a case conference for the case to proceed. Unlike a first appearance, your case conference is not scheduled automatically.

Conferences

In most family cases, you must attend at least one conference. Rule 17 of the Family Law Rules tells you what happens at a conference and what you need to do to prepare for one.

There are generally three types of family conferences:

  • case conference
  • settlement conference
  • trial management conference

A judge may decide to combine different conferences into one meeting or schedule the same type of conference multiple times.

A conference may be scheduled by you, another party, a judge or the clerk at a first appearance. You must attend every conference in your case. If you have a lawyer, your lawyer must attend the conference with you.

Each conference is an opportunity for you to resolve all or some of your issues with the other party, which can save you time and costs.

Case conference

A case conference is usually the first time you and the other party speak to a judge about the issues in your case.

Among other things, you and the other party will meet with a judge to:

  • discuss the chances of settling your case
  • identify the issues you can and cannot resolve
  • figure out whether you and the other party have shared all the information needed to resolve the issues
  • identify the next steps to take in your case (for example, that you and the other party need to share more financial documents)
  • set a date for the next steps

Settlement conference

If you and the other party have not resolved your issues after one or more case conferences, the judge may schedule a settlement conference.

During a settlement conference, you and the other party will meet with a judge to:

  • discuss your offers to settle the case
  • resolve or narrow the issues
  • ensure that you and the other party have shared all the information needed to resolve the issues
  • identify any witnesses and other evidence that may be presented at trial, estimating the time needed for trial, if the case is not resolved
Trial scheduling conferences

After your settlement conference, you and the other party may have to attend a trial scheduling conference if:

  • your case is in the Superior Court of Justice or the Family Court Branch of the Superior Court of Justice
  • you have not yet completed a Trial Scheduling Endorsement Form that has been endorsed by the court

During a trial scheduling conference, you and the other party meet with a judge to discuss the details of your trial (for example, the amount of time you and the other party will need and any witnesses or other evidence that you will present).

Trial management conference

A trial management conference is scheduled when it is likely that you and the other party cannot resolve your issues and your case has to go to trial.

The goal of a trial management conference is to get you and the other party ready for trial and to try one last time to settle your case. During a trial management conference, you and the other party meet with a judge to:

  • discuss the chances of settling your case
  • decide how the trial will proceed
  • ensure that you and the other party know what witnesses will testify and what other evidence will be presented at trial
  • estimate the time needed for trial
  • set the trial date (if it is not already scheduled)

There are steps you must follow when attending a conference. These steps are outlined in the next section.