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Legal Literacy Resources
Family Court

The Canadian Legal System is a complex and interconnected relationship between the government, courts, law enforcement, public officials, and Canadian society. Laws exist to protect our fundamental rights and freedoms while, at the same time, giving us rules that help govern and maintain a well-ordered society.

As with the general population, those who are in the Corrections System have legal needs that include, but are not limited to:

  • Legal representation and counsel,
  • Self-representation in court,
  • Matters related to family law, including custody or divorce, issues related to immigration and/or extradition, or issues related to suing or being sued.

The goal of this course is to help you understand your legal rights and responsibilities should you choose to self-represent in the justice system. The course will look at legal terms and definitions that you should know, the initial steps you can expect to take as a self-representing litigant (SRL), and how the Disciplinary court system works within federal institutions. By the end of this course, you will be able to make more informed decisions based on your unique needs and circumstances. 

Click on the first lesson below—or the “View Course” button above—when you’re ready to begin.


Family Court

You must file an Application (Form 8 in many provinces) and a Financial Statement if money (support or property) is involved. In many provinces, you must also attend a Mandatory Information Program (MIP) session. 

An affidavit is your written evidence, sworn to be true. In Family Court, most "testimony" happens on paper through affidavits rather than face-to-face conversations, especially in the early stages of a case.

In many provinces like Ontario, if you start a case involving children or property, you must attend an MIP session. It explains the court process and alternatives solutions instead of going to court, like mediation. It is usually free and held at the court, lasting anywhere from 45 minutes to 2 hours depending on your situation (ex: it will take longer if you have two children versus none).  

Usually, no. Most of your "speaking" in Family Court happens through Affidavits (see above). These are written documents where you tell your story under oath. 

  • The Rule: If it’s not in an affidavit filed before the hearing, the judge might not let you talk about it in court. 

  • Tone Matters: Avoid using your affidavit to insult your ex-partner. Stick to facts: "On June 5th, the child was not returned at 6:00 PM," rather than "My partner is a terrible, lazy parent." 

 

This is a master folder kept at the courthouse that contains every document filed in your case. As an SRL, you are responsible for keeping your own copy of this record exactly as it appears at the court, including a "Table of Contents" that you update every time you add a new form. 

No. Child support is considered the right of the child. Even if both parents agree to $0, a judge may refuse to grant a divorce or an order if the support amount doesn't follow the Federal Child Support Guidelines. 

Very few family cases go to a final trial. Most are settled at a Case Conference or Settlement Conference. These are meetings with a judge to see if you can agree on some (or all) issues. 

  • The Judge’s Role: At a conference, the judge will give you their "opinion" on what might happen at trial. Listen closely, this is a huge hint on how to settle. 

You cannot just hand the papers to your ex-partner yourself. You must have someone else (a friend over 18 or a professional process server) hand-deliver them. Then, you must file an Affidavit of Service to prove to the court that the other person knows about the case. 

You can bring a motion "Without Notice" (Ex Parte). This is a rare and serious request where you ask the judge for an order before the other party even knows you are in court. You must prove that waiting would cause "immediate hardship" or safety concerns. 
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