# Which Court Handles What in Ontario? OCJ vs Superior Court (SCJ) If you're dealing with a family law matter in Ontario, one of the first things you'll need to figure out is which court to go to. Unlike some areas of law where there's just one court, Ontario has two different courts that handle family matters, and they don't have the same powers. Filing in the wrong court can mean delays, extra costs, or having to start over somewhere else. This article explains the difference between the Ontario Court of Justice (OCJ) and the Superior Court of Justice (SCJ), what each court can and can't do, and how to figure out which one is right for your situation. ## The Two Courts That Handle Family Law in Ontario Ontario has two levels of court that deal with family law cases. **The Ontario Court of Justice (OCJ)** is sometimes called the "provincial court." It handles many family law matters, but it has limits on what it can decide. **The Superior Court of Justice (SCJ)** is sometimes called the "higher court" or "Supreme Court" (though that's technically an older name). It has broader powers and can deal with everything the OCJ can, plus some things the OCJ cannot touch. In some parts of Ontario, there's also something called the **Family Court branch of the Superior Court of Justice**. This is a unified family court that combines the powers of both courts, so you can deal with all your family law issues in one place. We'll talk more about that below. ## What the Ontario Court of Justice (OCJ) Can Handle The OCJ can make orders about: **Parenting matters.** This includes [decision-making responsibility and parenting time](/blog/custody-vs-access-decision-making-parenting-time) (what used to be called custody and access) under the Children's Law Reform Act. **Child support.** The OCJ can make and change [child support](/blog/child-support-ontario-how-calculator-works) orders in support cases it hears. If you are also seeking a divorce, child support is typically addressed in the Superior Court of Justice or Family Court branch as part of the Divorce Act proceeding. **Spousal support.** The OCJ can order spousal support under the Family Law Act. **Restraining orders.** The OCJ can make restraining orders under the Family Law Act to protect you or your children from a former partner. **Child protection matters.** If the Children's Aid Society (CAS) is involved with your family, those cases are heard in the OCJ. ## What the OCJ Cannot Handle Here's where the OCJ's limits become important. **The OCJ cannot grant a divorce.** Only the Superior Court of Justice has the authority to end a marriage. If you want a divorce, you must go to the SCJ (or the Family Court branch of the SCJ). **The OCJ cannot divide property or make equalization orders.** [Property division](/blog/dividing-property-ontario-separation-divorce) and equalization of net family property can only be dealt with in the Superior Court of Justice. **The OCJ cannot deal with the matrimonial home** in the same way the SCJ can. Questions about exclusive possession of a matrimonial home under the Family Law Act's property provisions require the SCJ. So if your situation involves divorce, property, or the matrimonial home, the OCJ is not an option for those specific issues. ## What the Superior Court of Justice (SCJ) Can Handle The SCJ has broader jurisdiction. It can deal with everything the OCJ can handle, plus: **Divorce.** The SCJ is the only court in Ontario that can grant a divorce under the federal [Divorce Act](/glossary#letter-d). **Property division and equalization.** Claims for equalization of net family property, tracing of assets, and property-related disputes go to the SCJ. **Matrimonial home issues.** Orders for exclusive possession of the matrimonial home under the property provisions of the Family Law Act are made by the SCJ. **All parenting and support matters.** The SCJ can also make orders about decision-making responsibility, parenting time, child support, and spousal support. The SCJ can handle divorce, property, and the matrimonial home, and it can also handle parenting and support. Child protection and adoption cases are heard in the OCJ unless you are in a Family Court (Unified Family Court) location, where those matters are also handled. ## The Family Court Branch of the Superior Court of Justice In certain parts of Ontario, there's a specialized Family Court branch of the Superior Court of Justice. This is sometimes called the "Unified Family Court" because it combines the powers of both the OCJ and the regular SCJ into one court. If you live in an area with a Family Court branch, you can deal with all your family law matters there: divorce, property, parenting, support, and even child protection cases involving CAS. You don't have to figure out which court handles what because one court handles it all. The Family Court branch operates in 25 locations across Ontario, though not everywhere. You can check with your local courthouse or the Ontario Courts website to find out whether your area has a Family Court branch. If your area does have a Family Court branch, that's generally where you should start your case. If your area doesn't have one, you'll need to choose between the regular OCJ and the regular SCJ based on what issues you need the court to decide. ## How to Decide Which Court to Use If you don't have access to a Family Court branch, here's how to think about which court to use. **If you need a divorce or property division, you must use the SCJ.** There's no choice here. The OCJ simply doesn't have the power to grant a divorce or make property orders. **If you only need parenting or support orders and don't need a divorce or property division,** you have a choice. Both courts can handle these matters. **Consider whether you might need divorce or property orders later.** If you start in the OCJ and later decide you want a divorce or need to deal with property, you may need to start a new case in the SCJ. This can create complications, extra costs, and delays. If there's any chance you'll need divorce or property orders down the road, it may make sense to start in the SCJ from the beginning. **Consider the practical differences between the courts.** The OCJ tends to be somewhat less formal and may have shorter wait times for certain matters in some locations. The SCJ follows more formal procedures, uses different court forms, and the process can sometimes be longer and more complex. However, this varies significantly by location and the specific circumstances of your case. **Consider whether you have a lawyer.** The SCJ's procedures can be more complex, which may make it harder to navigate without legal help. If you're [self-represented](/blog/free-low-cost-family-law-help-ontario), you may find the OCJ somewhat more accessible for simpler matters, though both courts can be challenging to navigate without assistance. ## What If You Started in the Wrong Court? It happens. You might start a case in the OCJ, then realize you also need a divorce or property order that the OCJ can't make. In most cases, you'll need to start a separate proceeding in the SCJ for the issues the OCJ can't handle. Sometimes it's possible to transfer or consolidate matters, but this adds complexity. If you find yourself in this situation, getting legal advice is a good idea. A [family lawyer](/blog/how-to-choose-a-divorce-lawyer-in-ontario) can help you figure out the most efficient path forward, whether that's continuing in multiple courts or consolidating your matters. ## Different Forms and Procedures Ontario family cases use the Family Law Rules and their forms. Some claims (like divorce and property) are only available in the SCJ or Family Court branch, so you'll use different claim-specific forms depending on what you're asking for and where you file. Local practice directions can also differ by region. If you're self-represented, take time to make sure you're using the correct forms for your court and following that court's specific requirements. ## Child Protection Cases Are Different If the Children's Aid Society (CAS) has started a child protection case involving your family, that matter is heard in the Ontario Court of Justice (or the Family Court branch of the SCJ if your area has one). You don't get to choose the court for child protection matters. Child protection proceedings have their own rules and timelines. If you're involved in a CAS case, getting legal advice is important, and you may qualify for legal aid. ## A Note on Costs There are no filing or listing fees for family proceedings in the Ontario Court of Justice. The SCJ and Family Court branch do have filing fees depending on what you file (for example, divorce applications have fees). If cost is a significant concern, this may be a factor in your decision when you have a choice of courts. That said, filing fees are usually a small part of the overall cost of a family law case. The bigger costs tend to be legal fees, the time involved in the process, and the complexity of your particular issues. Choosing a court based primarily on filing fees could backfire if you end up needing to start a second case in the other court later. ## When to Get Legal Advice Figuring out which court to use is one of the first decisions you'll make, and it's worth getting it right. If your situation involves any of the following, consider consulting with a family lawyer before you file: You're not sure whether you want a divorce now or might want one later. You have property to divide or disputes about the matrimonial home. Your situation is complicated by issues like business ownership, pensions, or debts. The other party has already started a court case (you may need to respond in the same court). You're unsure whether your area has a Family Court branch. Many lawyers offer consultations or [unbundled services](/blog/unbundled-limited-scope-family-lawyers-ontario) where they can give you guidance on procedural questions like this without taking on your whole case. ## Key Takeaways **Ontario has two main courts for family law matters.** The Ontario Court of Justice (OCJ) and the Superior Court of Justice (SCJ) have different powers. **The OCJ cannot grant divorces or divide property.** If you need a divorce or property division, you must go to the Superior Court of Justice. **The SCJ can handle everything.** Divorce, property, parenting, support, and restraining orders are all within the SCJ's jurisdiction. **Some areas have a Family Court branch.** This unified court combines the powers of both courts, so you can handle everything in one place. Check whether your area has one. **Starting in the wrong court can cause problems.** If you begin in the OCJ and later need a divorce or property order, you may need to start a new case in the SCJ. **Consider your future needs.** If there's any chance you'll want a divorce or property division later, starting in the SCJ (or Family Court branch) may save complications down the road. **The courts have different forms and procedures.** Make sure you're using the correct forms for the court where your case is filed. **When in doubt, get legal advice.** A brief consultation can help you start in the right place and avoid costly detours. ### Disclaimer This article provides general information about family court jurisdiction in Ontario. It is not legal advice. Court procedures and local practices can vary, and your specific circumstances may affect which court is appropriate for your case. For advice about your situation, speak with a family law lawyer.