Three Family Courts
Which three courts that hear family law cases?
- Superior Court of Justice (SCJ)
- Family Court Branch of the Superior Court of Justice (also known as Unified Family Court (UFC))
- Ontario Court of Justice (OCJ) all hear family law cases.
What matters in family law does the Ontario Court of Justice (OCJ) hear?
The OCJ hears family cases involving child protection, child adoption, child and spousal support, parenting time, contact, and decision-making responsibility. It does NOT hear divorce or property cases. The Family Law Act, Children’s Law Reform Act, and Child Support Guidelines are the main relevant family law legislation used in OCJ.
What matters in family law does the Superior Court of Justice (SCJ) hear?
The SCJ deals with divorce and other issues related to the divorce such as parenting time, decision-making responsibility, property division, or support. Child protection matters and adoption-related issues are only heard by SCJ in appeal.
What matters does the Family Court Branch of the Superior Court of Justice hear?
These courts can hear all family law matters including divorce, parenting time, decision-making responsibility, division of property, adoption, and child protection.
What are the two most referenced statutes in Family Law cases?
The 2 most important statutes referenced in family law cases are the Divorce Act and the Family Law Act.
Do these acts fall under provincial or federal jurisdiction?
The Divorce Act is federal legislation while the Family Law Act is provincial legislation.
What matters are under federal jurisdiction?
The following matters fall under federal jurisdiction:
- Divorce
- Property Division
- Parenting.
- Child support.
- Spousal support.
What matters are under provincial jurisdiction?
The following matters fall under provincial jurisdiction
- Parenting.
- Child support.
- Spousal support.
Note, however, that under federal law, the Superior Court of Justice has sole jurisdiction in all cases involving divorce and the division of property, Under provincial law, child protection and adoption must be commenced in Ontario Court of Justice. Also, if your case involves children, it must be started in the municipality your child lives in.
If you are getting divorced and there are parenting and/or support claims, which legislation governs?
In this case, the Divorce Act governs, since divorce is a federal matter. The Divorce Act deals with family law issues in federal court such the dissolution of a marriage, parenting, and support issues.
If a claim for parenting and/or support while the marriage continues, which legislation governs?
In this case, the Family Law Act governs. The Family Law Act deals with division of property and support and the Children’s Law Reform Act deals with parenting.