There are basically two ways to resolve a family law issue - by reaching an agreement or by going to court. People who start out by going to court, frequently end up reaching some form of agreement.
In Ontario, there are two levels of court that deal with family law matters - the Ontario Court of Justice and the Superior Court of Justice. If you are legally married, and wish to obtain a divorce, you can only make a claim to a Superior Court. If you are legally married and wish to obtain a divorce as well as make other claims against your spouse, such as for child support or custody, then you will also have to go through the Superior Court. If you are legally married, have separated from your spouse and wish to make a claim for property division against your spouse, then you must go to the Superior Court. Courts which have jurisdiction to hear all claims including claims for divorce and division of property are the following: 393 University Avenue (9th floor) in Toronto, 7755 Hurontario Street in Brampton, 50 Eagle Street West in Newmarket, 605 Rossland Road East in Whitby, 491 Steeles Avenue East in Milton, 55 Main Street West in Hamilton, and 10 Louise Street in Orangeville.
If you are not legally married, then you will likely proceed through provincial court. The Provincial Court has the power to deal with custody, access and sousal and child support disputes. It is only provincial courts that have the power to determine cases dealing with adoption or child protection. Proceedings in provincial courts are less formal and generally less expensive than proceedings in Superior Court. Judges in provinical courts do not havfe the power to grant a divorce or deal with the division of property. Courts which have jurisdiction to hear all claims except claims for divorce and/or division of property are the following: 47 Sheppard Avenue East in North York, 311 Jarvis Street in Toronto, 1911 Eglington Avenue in Scarborough, 7755 Hurontario Street in Brampton, and 33 King Street West in Oshawa.
The first major step in a family law case is a case conference. It is mandatory for the parties to attend a case conference before proceeding further with the court process. Case conferences give the parties an opportunity to meet with a judge, discuss what documents need to be provided by each party, discuss the next step in the proceeding and canvass settlement options. Unless it is a true emergency, you cannot bring a motion until you have attended a Case of Conference.
When you go to court and appear before a judge for a motion, the judge will usually make an order. Interim orders are temporary orders, and are usually granted at the start of a court case. For example, an interim ordermay be made for spousal support or access. Final orders are intended to be the final resolution of a matter. For example, a divorce order is a final order. If parties reach an Agreement during a court case, they can agree to have their agreement incorporated into a court order. These are called consent orders.