What Generally is the Process?
To put it in its simplest terms, the court process consists of:

• advising of the start of a court proceeding
• giving notice of the claims made by parties with the general facts in support of the claims
• exchanging documents and facts relevant to the claims being made
• negotiating how to resolve the case (with assistance from a judge)
• if the parties cannot agree, the judge will be make a decision based on evidence provided

What are Temporary & Final Orders and What Role Do They Play?
Orders (by consent of the parties or by a judge based on evidence) can be temporary (lasting while the case is ongoing) or final (at the end of the case).  Often the process is:

• a temporary order is made (for example custody, access, or support)
• the parties try these arrangements and may exchange more facts / documents
• the parties negotiate (or a judge makes a decision on) a further temporary order or a final order

Sometimes, especially with access, several arrangements will be tried (through temporary orders) before a final order is reached.

The process strongly encourages the parties to reach agreements rather than having a judge impose decisions.

If a party pursues an issue and fails to succeed, then that party may be ordered to pay some of the other party's court costs (for example, their lawyer's fees).  This is especially likely to happen if a party is seen as acting unreasonably or dishonestly in the court case.

Temporary orders, not made on consent, are usually made on motion, based on written evidence and documents.  Final orders, not made on consent, are usually made at trial based on documents and witnesses who are questioned in person.  There are exceptions to when final orders can be made on trial rather than motion.

What are the Court Appearances?
Court appearances can include:

• a first appearance - an attendance before a clerk to determine whether all necessary steps have been taken and the case is ready to go before a judge (Ontario Court of Justice)
• case conferences - meetings with a judge to discuss the case: what can be agreed upon, how to resolve the other issues, what documents are required, what are the timelines, etc.
• motions - a hearing before  a judge for temporary substantive relieve (for example, a temporary custody or support order)
• a settlement conference - a further meeting with a judge to try to settle the case
• a trial management conference - to discuss the trial, the time it will take: the witnesses, and any orders regarding evidence
• a trial

Parties, without lawyers, are expected to know the court procedures and the law.  Ignorance is no excuse.

What are the Different Levels of Courts?
In much of Ontario (including Peel and Toronto) there are two courts dealing with family disputes:

• the Ontario Court of Justice, that deals with:
  

  custody & access of children	child protection proceedings
  support of children & spouses
  restraining orders

• the Ontario Superior Court of Justice, that can deal with:
  

  custody & access of children	property - possession & division
  support of children & spouses	divorce & annulment
  restraining orders	declarations regarding parentage

In many locations in Ontario, these two courts have been unified into one court - the Ontario Superior Court of Justice (Family Division).

Generally, the Ontario Court of Justice is better set up and more use to cases where parties do not have lawyers.  The process can be simpler in this court.

Do You Need a Lawyer?
See About Lawyers article .