Going through the family court process in Ontario can feel overwhelming. When you are dealing with emotionally difficult issues such as parenting arrangements, parenting time, support, or division of property, it can be hard to know where to begin or what to expect.
The good news is that most family law cases in Ontario do not go to trial. Many families resolve disputes through negotiation, mediation, or collaborative family law before ever stepping into a courtroom.
At Galbraith Family Law, our approach is simple:
Plan A is to keep you out of court.
Plan B is to be fully prepared if court becomes necessary.
Our team regularly helps clients resolve disputes through:
If you are starting a separation, divorce, or parenting dispute, this guide explains how family court works in Ontario, what to expect, and how a family lawyer can help you protect your rights and your children’s best interests.
You may also find these pages helpful:
Family courts in Ontario handle legal disputes involving families, children, and separated spouses or partners.
Depending on the issue and where you live, your case may be heard in:
Each court has jurisdiction over different types of family matters.
Family courts typically deal with issues such as:
If you are unsure which court applies to your situation, a family lawyer at Galbraith Family Law can help determine the correct process and guide you through the next steps.
A family law lawyer focuses specifically on legal issues that arise from family relationships, including separation and divorce.
At Galbraith Family Law, our lawyers assist clients with:
Learn more about our Family Law Services and how we help clients across Ontario.
When choosing a family lawyer, there are a few key things to look for.
Family law involves complex legal procedures and court rules. An experienced lawyer will know how to:
Our lawyers regularly appear in family courts across Ontario and have extensive experience handling complex family law matters.
You can meet our team on our Family Lawyers page.
Family law cases are not just legal problems, they are personal ones.
A good family lawyer will:
Our goal is to help you make informed decisions that protect your future and your family.
Not every dispute needs to go to trial.
In many cases, families can resolve disputes through:
These approaches can save families time, stress, and legal costs.
Ontario courts aim to resolve family law disputes fairly and efficiently. However, attending court can still be stressful if you do not know what to expect.
Here is a basic overview of how a courtroom typically works.
The judge sits at the front of the courtroom, usually on an elevated bench.
Also present are:
There are two tables for the lawyers and parties involved in the case.
Typically:
Your lawyer will sit beside you and speak to the judge on your behalf.
In most situations:
Occasionally, the judge may ask you a question directly. If that happens, you should answer clearly and respectfully.
If your case proceeds to trial, your lawyer will begin with an opening statement. This outlines:
During the trial, your lawyer may present evidence such as:
This evidence helps the judge understand the facts of the case.
At the end of the trial, your lawyer will summarize:
The judge will then either make a decision immediately or provide a written decision later.
A court order is a legally binding decision made by a judge.
Family court orders can address issues such as:
Many family law cases involve temporary court orders before a final decision is made.
There are two common types of motions.
A regular motion is used to request a temporary order for a non-urgent issue before trial.
This may include requests related to:
Regular motions help families manage important issues while the case continues.
An urgent motion is used when immediate court intervention is required.
Examples might include situations involving:
These motions can sometimes be heard without notice to the other party, depending on the circumstances.
Many people are surprised to learn that family court proceedings are generally open to the public in Ontario.
However, there are important privacy protections in place.
Certain types of family law matters are closed to the public, including:
Cases involving the Children’s Aid Society are not open to the public, and identifying information about children cannot be shared.
Adoption hearings are private and only attended by:
Applications involving treatment orders for minors are also private.
In some cases, courts may issue publication bans to prevent sensitive information from being published or broadcast.
It is possible to represent yourself in family court in Ontario. However, the process can be complicated.
Family law cases often involve:
For this reason, many people benefit from working with a lawyer, especially in disputes involving parenting arrangements or support.
If full representation is not financially possible, there are other options.
You may qualify for assistance through Legal Aid Ontario depending on your financial situation.
Duty counsel lawyers may be available at the courthouse to provide limited assistance and advice.
Some clients choose unbundled legal services, where a lawyer assists with:
Learn more about Affordable Family Law Services.
When parents separate, the court focuses on the best interests of the child.
Instead of using the term custody, Ontario law now refers to parenting arrangements and decision-making responsibility.
Common parenting arrangements may include:
One parent has the authority to make major decisions for the child, such as:
Both parents share responsibility for major decisions affecting the child.
Children spend at least 40% of their time with each parent.
In families with multiple children, siblings may live primarily with different parents.
Learn more about these options on our Parenting Arrangements and Parenting Time page.
Many people worry about the cost of hiring a lawyer during a separation or divorce.
However, legal guidance can make a significant difference in protecting your financial and parental rights.
Some ways to manage legal costs include:
Resolving disputes outside court is often the most cost-effective approach.
Learn more about Separation Agreements.
Family mediation allows both parties to work with a neutral professional to reach an agreement.
Explore Family Mediation Services.
Collaborative law allows couples to resolve issues with the support of lawyers and other professionals without going to court.
Learn more about Collaborative Family Law.
Many couples who choose collaborative processes successfully resolve their disputes without litigation.
At Galbraith Family Law, we help families across Ontario navigate difficult transitions with clear guidance and strong advocacy.
Our lawyers have extensive experience with:
We are committed to helping clients reach fair and practical solutions that prioritize the best interests of children and families.
If you need guidance with a separation, divorce, or parenting dispute, we are here to help.
Contact our team to schedule a consultation.
📍 Barrie / Simcoe County: (705) 999-4413
📍 Newmarket / York Region / GTA: (289) 802-0917
A DIY separation and a DIY divorce are not the same thing in Ontario. Separation deals with what happens after your relationship ends, while divorce is the legal process that…
Collaborative divorce costs versus litigation costs are driven less by a single hourly rate than by how much professional time, court work, expert evidence, and duplicated preparation your case requires.…
A paralegal can assist with certain family law matters in Ontario, but only a paralegal with special Family Legal Services Provider authorization can offer the limited family law services approved…
124 Dunlop Street West
Barrie, ON L4N 1B1
(705) 727-4242
1195 Stellar Drive, Unit 4
Newmarket, ON L3Y 7B8
(289) 319-0634
209 Speers Road, Unit 13
Oakville, ON L6K 0H5
(905) 291-6634
110 James Street, Unit 105
St. Catharines, ON L2R 7E8
(905) 291-5231
© 1993–2026 Galbraith Family Law Professional Corporation · All Rights Reserved
© 1993–2026 Galbraith Family Law Professional Corporation
All Rights Reserved
We use cookies to improve your experience on our website. To learn more, read our privacy policy.
