Family Court in Durham Region: What to Expect
Where family cases for Ajax, Pickering, Whitby, Oshawa and Clarington are heard, the steps in a family court case, and where to get help.
Key takeaways
- Family cases for Durham Region are generally heard at the Durham Region Courthouse, 150 Bond Street East, Oshawa, which houses the Unified Family Court.
- If you are served with an Application, you generally have 30 days to serve your Answer, or 60 days if you were served outside Canada or the United States.
- Most parties must attend the Mandatory Information Program within 45 days after the case starts.
- A case conference with a judge is usually the first court step, and many cases settle before trial.
Where family court is in Durham Region
Family cases for people living in Ajax, Pickering, Whitby, Oshawa, Clarington and the rest of Durham Region are generally heard at the Durham Region Courthouse, 150 Bond Street East, Oshawa. It houses the Unified Family Court, which hears all family matters, including divorce, parenting, support, property and child protection, in one place.
Some steps can be done by video. The court will tell you how and where each appearance takes place.
Starting or answering a case
A family court case usually starts with an Application (Form 8), which sets out what you are asking the court to order. It must be served on the other party.
If you are served, you generally have 30 days to serve your Answer, or 60 days if you were served outside Canada or the United States. You then file it with the court with proof of service. If you do not answer, the case can go ahead without you.
Where support or property is claimed, each party must also serve a sworn financial statement with supporting documents.
The Mandatory Information Program
Most parties must attend the Mandatory Information Program (MIP) before their first case conference, and no later than 45 days after the case starts. The session explains the effects of separation on adults and children, the court process, and alternatives such as mediation. There are some exemptions, for example if you have already attended or the case is on consent.
Case conferences, settlement conferences and trial
- Case conference. Usually the first time you meet with a judge. The judge helps identify the issues, checks that financial disclosure has been exchanged, explores settlement and sets next steps. Each party files a case conference brief beforehand.
- Settlement conference. If issues remain, the judge reviews offers, narrows the issues and identifies the evidence and witnesses for trial.
- Trial management conference. If a trial is likely, this prepares both parties for it and offers a final chance to settle.
- Trial. A judge hears the evidence and decides the unresolved issues.
Motions for temporary orders, such as interim parenting or support, generally come after a case conference. In urgent situations the court can hear a motion earlier.
Free help at the courthouse
The courthouse has a Family Law Information Centre with information about the process and free advice from Legal Aid Ontario advice lawyers for eligible people. Family duty counsel can help eligible people on the day of their court appearance. See our guide to Legal Aid for family law.
How SLG Lawyers can help
Our Ajax office is a short drive from the Oshawa courthouse, and we know the Durham process: the MIP, first case conferences, settlement conferences and the documents the court expects at each step. We help with separation and divorce, parenting time and decision-making, child and spousal support and changing existing orders. We accept Legal Aid Ontario certificates for eligible family law matters.
Frequently asked questions
Where is family court for Ajax and Pickering residents?
How long do I have to respond to a family court Application?
What happens at a case conference?
Do I have to go to court in person?
Sources
General information only, not legal advice. Court procedures and practice directions change; confirm current requirements with the court. Every situation is different; book a consultation for advice on yours.