# Family Law Rules in Ontario: A Plain-Language Guide for Self-Represented Litigants If you're representing yourself in family court in Ontario, you're not just dealing with the law. You're also dealing with **rules**—procedural rules that govern how your case moves through the court system. These rules aren't suggestions. They determine what forms you file, when you file them, what information you must disclose, how hearings work, and what happens if you miss a deadline. Judges expect everyone—including people without lawyers—to follow them. The good news is that the rules aren't a mystery. They're publicly available, and while they can be dense, understanding the basics will help you navigate your case more effectively. This guide explains the Ontario Family Law Rules in plain language, focusing on what self-represented litigants need to know. ## What Are the Family Law Rules? The **Family Law Rules** are a set of procedural rules that govern family court cases in Ontario. They're made under the authority of the Courts of Justice Act and apply to cases involving divorce, separation, parenting, support, and property. Think of them as the instruction manual for how family court works. They tell you what steps to take and when, what forms to use, what deadlines apply, how to serve documents on the other party, what to expect at court appearances, and what happens if you don't follow the rules. The rules are numbered (Rule 1, Rule 2, etc.), and each rule covers a different topic. Some rules you'll use constantly. Others you may never need. You can find the complete Family Law Rules on the Ontario e-Laws website or through CanLII. They're updated periodically, so make sure you're looking at the current version. ## The Primary Objective: Rule 2 Before diving into specific procedures, it's worth understanding the overall purpose of the rules. **Rule 2** sets out the "primary objective": to enable the court to deal with cases justly. This includes ensuring fair procedures, saving time and expense, dealing with cases proportionately to their importance and complexity, and giving appropriate court resources while also considering resources of the parties. This matters because judges have discretion in how they apply the rules. If you make a minor procedural mistake but are genuinely trying to follow the rules and your error doesn't prejudice the other party, a judge may overlook it. But if you ignore the rules entirely or use procedural tactics to delay or obstruct, you'll lose credibility. The rules also emphasize that **lawyers and parties have a duty** to help achieve this primary objective. As a self-represented litigant, you're expected to cooperate in moving the case forward efficiently. ## Starting a Case: Applications and Answers ### Applications (Rules 5 and 8) Most family court cases start with an **Application**. This is the document that tells the court what you're asking for and why. **Which application form?** - **Form 8A: Application (Divorce)** — Use this if you're only asking for a divorce, with no other claims - **Form 8: Application (General)** — Use this if you're asking for support, property division, parenting orders, or other claims (with or without divorce) For more detail on which forms to use, see our guide on [divorce papers and forms you actually need](/blog/divorce-papers-ontario-forms-you-need). **What goes in the application:** Your application must include the facts supporting your claims, what orders you're asking for, and the legal basis for those orders. Be specific. "I want custody" isn't enough. You need to explain why the arrangement you're proposing is in the children's best interests, what your history of involvement has been, and what you're specifically asking for. ### Answers (Rule 10) If someone serves you with an Application, you respond with an **Answer** (Form 10). The Answer lets you agree with some claims, disagree with others, and make your own claims against the applicant. **Deadline:** You must serve and file your Answer within **30 days** after being served with the Application (or 60 days if you were served outside Canada or the United States). Missing this deadline can have serious consequences. The applicant may be able to proceed without you, and you may lose the ability to participate fully in the case. ### Reply (Rule 10) If the Answer includes new claims against you, you can file a **Reply** (Form 10A) responding to those claims within **10 days**. ## Serving and Filing Documents: Rules 6 and 8 Two concepts that confuse many self-represented litigants: **serving** and **filing**. These are different things, and you usually need to do both. ### Serving **Serving** means giving documents to the other party (or their lawyer). It's how you officially deliver court documents. **Special service vs. regular service:** For certain documents—including the initial Application—you need **special service**. This typically means personal service (handing documents directly to the person), an alternative like leaving documents with an adult at their home, or other methods the court approves. You cannot personally serve documents that require special service. Someone else must do it, and that person must complete an **Affidavit of Service** (Form 6B) confirming when, where, and how they served the documents. For most documents after the initial Application, you can use **regular service**: mail, fax, email (if the person has provided an email for service), courier, or leaving it at their lawyer's office. You may be able to serve these documents yourself. ### Filing **Filing** means giving documents to the court. You file documents at the court office, either in person or electronically where available. **Order matters:** Usually, you serve documents on the other party first, then file them with the court along with proof of service (the Affidavit of Service). **Court fees** are payable when you file certain documents. See the Ontario court website for current fee amounts. ## Financial Disclosure: Rule 13 If your case involves support or property, you must provide **financial disclosure**. This is not optional. It's one of the most important obligations in family law proceedings. ### The Duty to Disclose Rule 13 requires full and frank disclosure of your financial situation. You must provide complete, accurate, and up-to-date information about income, expenses, assets, and debts. This duty is **immediate** (you must disclose early in the case) and **ongoing** (you must update your disclosure if things change). ### Financial Statement Forms **Form 13: Financial Statement (Support Claims)** — Use this if only support (child or spousal) is in issue. **Form 13.1: Financial Statement (Property and Support Claims)** — Use this if property division is also in issue. These forms are detailed. You list all income sources, all expenses, all assets, and all debts. You attach supporting documents. ### Supporting Documents You must provide documents that back up your Financial Statement, including recent tax returns and notices of assessment, pay stubs, proof of other income, bank statements, investment statements, and property valuations. The specific deadlines for providing disclosure documents depend on the rule that applies, the stage of your case (conference, motion, etc.), and any court orders. Check the rules carefully and meet your deadlines. Missing disclosure deadlines can lead to serious consequences, including cost orders against you. ### Consequences of Non-Disclosure If you don't provide proper financial disclosure the court may draw negative inferences against you, the court may impute income to you (assume you earn more than you claim), the court may order costs against you, your case may be delayed, and in extreme cases, orders may be set aside if it's later discovered you hid information. For more on why disclosure matters, see our guide on [what happens if you move money before divorce](/blog/can-you-move-money-before-divorce). ## Conferences: Rules 17 and 18 Ontario family courts use **conferences** to manage cases and encourage settlement. Most cases will have at least one conference before any motion or trial. ### Types of Conferences **Case Conference (Rule 17):** Usually the first court appearance. The judge reviews the issues, explores whether settlement is possible, identifies what needs to happen next, and may make temporary procedural orders. **Settlement Conference (Rule 17):** Focused on settlement. The judge actively helps parties try to resolve issues. If you can't settle everything, the judge helps narrow the issues for trial. **Trial Management Conference (Rule 17):** If your case is going to trial, this conference organizes the trial—what witnesses, what documents, how long it will take. ### Conference Briefs and Confirmation Before each conference, you must file a **Conference Brief** (Form 17A or 17B). This document summarizes your case, identifies the issues, and tells the judge what you want to accomplish at the conference. **Deadlines (in business days):** - Party requesting the conference: serve and file materials at least **6 business days** before the conference - Other party: serve and file materials at least **4 business days** before the conference - **Form 17F: Confirmation of Conference** — file by **2:00 p.m., 3 business days** before the conference The confirmation form (17F) tells the court the conference is going ahead and provides updated information. If you don't file it on time, your conference may not proceed. ### What to Expect Conferences are usually less formal than trials. You'll typically meet in a conference room or the judge's chambers, not a courtroom. The judge will ask questions, discuss the issues, and may suggest solutions. Come prepared to discuss your case and consider settlement. Bring your documents. Know the issues. Be ready to explain what you want and why. ### Offers to Settle **Rule 18** governs offers to settle. Making a formal offer to settle can affect who pays costs at the end of the case. If you make a reasonable offer that the other party rejects, and you do as well or better at trial, the other party may have to pay some of your costs. Offers must be in writing (Form 18 or 18A) and follow specific rules to have cost consequences. ## Motions: Rule 14 A **motion** is a request to the court to make an order before trial. You might bring a motion to get temporary support, establish temporary parenting arrangements, get disclosure from the other party, or deal with urgent issues. ### When Motions Are Allowed You generally **cannot bring a motion before a case conference** unless there's an urgent situation (like safety concerns) or the court gives permission. This rule exists to prevent parties from running to court with every disagreement. The case conference process is supposed to address most issues first. ### Motion Materials To bring a motion, you need: **Form 14: Notice of Motion** — States what order you're asking for and when the motion will be heard. **Form 14A: Affidavit (General)** or **Form 14B: Motion Form** — Provides the facts supporting your motion. An affidavit is your sworn statement of the facts. **Form 14C: Confirmation of Motion** — Filed before the motion to confirm it's going ahead and estimate time needed. ### Motion Deadlines (in Business Days) For a regular motion: - **Moving party materials:** serve and file at least **6 business days** before the motion - **Responding party materials:** serve and file at least **4 business days** before the motion - **Reply materials:** serve and file at least **2 business days** before the motion - **Form 14C: Confirmation of Motion:** file by **2:00 p.m., 3 business days** before the motion Different timelines may apply for motions on consent, motions without notice, or urgent motions. Check the rules for your specific situation. ### Motion Procedure 1. Prepare your motion materials 2. Serve them on the other party within the required timeline 3. File them with the court (with proof of service) 4. The responding party serves and files responding materials 5. You may serve and file a reply 6. File Form 14C (Confirmation of Motion) by 2:00 p.m., 3 business days before 7. Attend the motion ### Urgent Motions In genuinely urgent situations (immediate safety concerns, risk of harm, imminent dissipation of assets), you may be able to bring a motion on short notice or even without notice to the other party. But courts scrutinize these carefully. You must explain why regular timelines can't work. ## Timelines at a Glance The Family Law Rules specify many deadlines. Here are some key ones: | Document/Step | Timeline | |--------------|----------| | Answer to Application | 30 days after service (60 days if served outside Canada/US) | | Reply | 10 days after Answer with claims | | Financial Statement | With first court document or as directed | | **Conference materials (requesting party)** | 6 business days before | | **Conference materials (other party)** | 4 business days before | | **Form 17F (Confirmation of Conference)** | By 2:00 p.m., 3 business days before | | **Motion materials (moving party)** | 6 business days before | | **Motion materials (responding party)** | 4 business days before | | **Motion reply materials** | 2 business days before | | **Form 14C (Confirmation of Motion)** | By 2:00 p.m., 3 business days before | **Note:** These timelines can change based on court orders, local practice, or specific circumstances. Always check the rules and any court orders in your case. ### What If You Miss a Deadline? Missing a deadline doesn't necessarily end your case, but it creates problems. You may need to bring a motion asking the court's permission to file late, explain why you missed the deadline, and accept that the court may impose conditions or costs. The longer you wait and the more prejudice caused to the other party, the less likely the court is to excuse the delay. ## Evidence: Rule 14 and Beyond Family court decisions are based on **evidence**—not just what you say in court, but what you can prove. ### Affidavits Most evidence in family court comes through **affidavits**—written statements sworn under oath. Your affidavit sets out the facts you want the court to know. You sign it before a commissioner of oaths, certifying it's true. **Tips for affidavits:** - State facts, not opinions or arguments - Be specific (dates, amounts, what happened) - Attach relevant documents as exhibits - Be truthful—lying in an affidavit is a criminal offence (perjury) - Stick to things you personally know; if you're relying on information from others, say so ### Documents Documents like bank statements, text messages, emails, photos, and records can be powerful evidence. Attach relevant documents as exhibits to your affidavit. ### Witnesses At trial, witnesses can testify in person. But for most pre-trial matters (motions, conferences), evidence is given through affidavits rather than live testimony. If you plan to call witnesses at trial, there are rules about witness lists and timing that apply. ## Costs: Rule 24 **Costs** are the expenses of litigation—lawyer's fees (if you had a lawyer), disbursements (filing fees, process server fees, etc.), and in some cases, compensation for a self-represented party's time and effort. ### Who Pays Costs? In family law, there's no automatic rule that the loser pays. Courts consider the success of each party, the reasonableness of positions taken, offers to settle (did you make or reject reasonable offers?), conduct during the case (did anyone cause unnecessary delay or expense?), and any court orders about costs. ### Self-Represented Litigants and Costs If you're self-represented and successful, you may be able to recover some costs. However, cost awards to self-represented parties are typically more limited than awards to parties who had lawyers. The specific amount, if any, is at the court's discretion. If you're unsuccessful or behave unreasonably, you can be ordered to **pay** the other party's costs. Being self-represented doesn't protect you from cost consequences. ## Local Practice Directions In addition to the Family Law Rules themselves, many court locations have **Practice Directions** that set out local procedures. These might cover scheduling procedures, specific documents required locally, how particular types of motions are handled, and courthouse-specific requirements. Practice directions are available on the Ontario Courts website. Check the practice direction for your court location. ## Resources for Self-Represented Litigants You're not entirely on your own. Several resources can help: ### Family Law Information Centres (FLICs) Located in many courthouses, FLICs provide information about the family law process, help understanding which forms you need, referrals to other services, and in some locations, limited advice from duty counsel. See our guide on [free and low-cost family law help in Ontario](/blog/free-low-cost-family-law-help-ontario). ### Steps to Justice (CLEO) Community Legal Education Ontario's website (stepstojustice.ca) offers plain-language information about family law, guided pathways that help you complete forms, and step-by-step explanations of procedures. ### Ontario Court Forms All family law forms are available at **ontariocourtforms.on.ca**. Use the current versions. ### CanLII The complete Family Law Rules are available at canlii.org. You can also search case law to see how courts have applied the rules. ### Law Society Referral Service You can get a free 30-minute consultation with a family lawyer through the Law Society's referral service. This can help you understand your situation and decide how to proceed. ### Unbundled Legal Services Some lawyers offer **limited scope** or **unbundled** services—helping with specific tasks without representing you for the whole case. A lawyer might review your forms, coach you for a court appearance, or advise on strategy without taking over your case. See our guide on [unbundled legal services in Ontario](/blog/unbundled-limited-scope-family-lawyers-ontario). ## Common Mistakes Self-Represented Litigants Make ### Not Reading the Rules Many problems stem from simply not reading the applicable rule. Before you do something, check what the rules say about it. ### Missing Deadlines Timelines matter. Mark deadlines on your calendar. Build in extra time. Don't wait until the last day. Remember that many deadlines are in **business days**, not calendar days. ### Incomplete Disclosure Financial disclosure trips up many self-represented litigants. Provide complete, documented disclosure. Partial or missing disclosure creates problems and undermines your credibility. ### Emotional Content in Court Documents Your affidavit should contain facts, not venting. Judges don't want to read about what a terrible person your ex is. They want relevant facts that help them make decisions. ### Not Understanding the Difference Between Serving and Filing Serve documents on the other party, then file them with the court. In that order. With proof of service. And remember that some documents require special service by someone other than you. ### Treating Court Staff as Legal Advisors Court staff can tell you about procedures, forms, and deadlines. They cannot give you legal advice about your case. Don't put them in that position. ### Underestimating the Process Family court is complex. Even "simple" cases involve multiple steps, forms, and appearances. Plan for this to take longer and require more effort than you expect. ## When to Get Help The Family Law Rules exist so that people can represent themselves if they choose. Many people successfully navigate the system without lawyers. But know your limits. Consider getting help if your case is contested and complex, there's significant property or money at stake, there are safety concerns, you're feeling overwhelmed by the process, the other side has a lawyer, or you're not sure you understand what's happening. Help doesn't have to mean full representation. A consultation, document review, or coaching session can make a significant difference. ## Key Takeaways The **Family Law Rules** are the procedural rules governing family court in Ontario. They're mandatory, not optional. **Applications** start cases; **Answers** respond to them. Deadlines matter—30 days for an Answer, 10 days for a Reply. **Serving** means delivering documents to the other party. **Filing** means delivering them to the court. You usually do both, in that order. Documents requiring **special service** (like an Application) must be served by someone other than you. **Financial disclosure** is mandatory and ongoing. Use Form 13 (support only) or Form 13.1 (support and property). Attach supporting documents. Deadlines vary by situation—check the rules and any court orders. **Conferences** (case conference, settlement conference, trial management conference) manage cases and encourage settlement. File conference materials **6 business days** before (requesting party) or **4 business days** before (other party), and file **Form 17F** by 2:00 p.m., 3 business days before. **Motions** request orders before trial. You generally can't bring a motion before a case conference unless it's urgent. File motion materials **6/4/2 business days** before (moving party/responding/reply), and file **Form 14C** by 2:00 p.m., 3 business days before. **Evidence** comes through affidavits (sworn written statements) and documents. Be factual, specific, and honest. **Costs** can be awarded based on success, reasonableness, offers to settle, and conduct. Being self-represented doesn't protect you from cost orders, and cost recovery for self-represented parties is limited. Check **local practice directions** for courthouse-specific requirements. Use available **resources**: FLICs, Steps to Justice, court forms website, Law Society Referral Service, and unbundled legal services. ### Disclaimer This article provides general information about the Ontario Family Law Rules. It is not legal advice. The rules are detailed and can be complex, and how they apply depends on your specific case. Rules and practices can also change. For advice about your situation, speak to a family law lawyer.