Facing a family law matter can be overwhelming, and deciding to represent yourself in court adds another layer of challenge. However, approximately half or more Ontarians in family court self represent. Whether it’s due to financial reasons or personal choice, understanding how to effectively self represent can make a big difference in the outcome of your case.
This guide provides practical information and tips for self represented parties/litigants in Ontario’s family courts.
- Understanding Self Representation
Self representation means you are acting as your own lawyer. You are responsible for preparing documents, meeting deadlines, presenting evidence, and speaking for yourself in court.
While Ontario’s family courts are designed to be accessible, the process still involves legal rules and procedures. Educating yourself about the system is the first step.
- Know the Legal Issues in Your Case
Family law matters in Ontario typically involve issues such as:
Separation and divorce
Parenting arrangements (custody and access / decision making and parenting time)
Child and spousal support
Property division
Enforcement of court orders
- Court Forms and Deadlines
Family court relies heavily on written materials. You’ll need to use standardized forms available through the Ontario Court Forms website.
Some common forms include:
Form 8 – Application
Form 10 – Answer
Form 35.1 – Parenting Affidavit
Form 13/13.1 – Financial Statements
Missing deadlines or submitting incomplete forms can delay your case or harm your position. Keep a checklist of required documents and file them on time.
- Mandatory Steps Before Court
Before appearing in front of a judge, there are mandatory steps in many family cases:
Information Sessions: Many courts require parties to attend a Mandatory Information Program ("MIP").
Case Conferences: These are early meetings with a judge to identify issues, encourage settlement, and set timelines.
Disclosure: Both parties must exchange relevant financial and other documents.
Failure to complete these steps may result in delays or negative consequences in your case.
- Preparing for Court
Preparation is crucial for self represented litigants. Here are some practical steps:
Organize your documents! You want to be organized and appear prepared for court.
Outline your key points before each appearance. Stick to facts and relevant legal principles.
Practice presenting your case clearly and respectfully.
Bring multiple copies of all documents to court (for yourself, the judge, and the other party).
- Courtroom Etiquette and Conduct
Even as a self represented person, you are expected to follow courtroom etiquette:
Dress appropriately and arrive early.
Address the judge as “Your Honour.”
Speak only when it’s your turn and avoid interrupting.
Stay respectful, even when emotions run high.
Good courtroom conduct strengthens your credibility and helps the judge focus on the merits of your case.
- Getting Legal Support Without Full Representation
Here are some of your options:
Limited Scope Retainers: Hire a lawyer for specific tasks, such as reviewing or writing court documents or preparing for a hearing.
Legal Aid Certificates: For those who qualify financially.
These resources can help fill knowledge gaps and provide valuable guidance.