Family Court in Ontario: What Survivors Need to Know (Custody, Access, Support)

Navigating the Ontario Family Court system can be overwhelming, especially for survivors of domestic violence (DV). The legal system has undergone significant changes in recent years—most notably the 2021 amendments to the Divorce Act and the Children's Law Reform Act, and the implementation of Keira's Law and new 2025 court rules—which explicitly prioritize the safety of survivors and children.

This guide breaks down the essential legal concepts, protective measures, and procedural steps you need to know to protect yourself and your children.

1. New Terminology: "Custody" is Gone

If you are using older resources, you might see the terms "custody" and "access." As of recent years, Ontario law has replaced these to reduce conflict:

• Decision-Making Responsibility (formerly Custody): The right to make major decisions about a child's health, education, religion, and well-being. The court can grant this to one parent (sole) or both (joint). Note: In cases of proven family violence, courts are increasingly cautious about ordering joint decision-making.

• Parenting Time (formerly Access): The time a child spends in the care of a parent. This can be a fixed schedule or "reasonable" time, and it may be supervised if safety is a concern.

2. How Family Violence Affects Court Decisions

Ontario courts must consider the "Best Interests of the Child" above all else. Under the Children's Law Reform Act, "family violence" is now a mandatory factor in this test.

Crucially, family violence is defined broadly to include:

• Physical abuse (even if no criminal charges were laid).

• Coercive Control: A pattern of behavior used to intimidate, isolate, or regulate a partner’s daily life.

• Financial abuse.

• Threats to kill or harm animals/pets.

• Psychological abuse.

What this means for you: You do not need a criminal conviction against your ex-partner to raise these issues in family court. The family court judge must consider how this violence impacts your ex-partner's ability to parent safely.

3. Protective Measures Available in Family Court

You do not always need to go to criminal court to get protection. The Family Court can issue:

• Restraining Order: A family court order that limits your ex-partner’s contact with you and the children. Breaching this is a criminal offense.

• Exclusive Possession of the Matrimonial Home: An order allowing you to stay in the family home while your ex-partner must leave, regardless of whose name is on the title.

• Supervised Parenting Time: If there is a risk of harm or abduction, the court can order that your ex-partner only sees the children at a supervised center or in the presence of a specific third party.

4. The Court Process: A Step-by-Step Overview

While every case is unique, most follow this path:

1. Application (Form 8): You (the Applicant) file a claim outlining what you want regarding parenting, support, and property.

2. Financial Statement: Both parties must disclose their income and debts. Tip: New 2025 rules punish "bad faith" delays in this step with strict cost penalties.

3. Case Conference: A meeting with a judge to discuss issues and explore settlement. You generally cannot bring a "Motion" (request for a temporary order) before this step unless it is an emergency (e.g., immediate safety risk).

4. Settlement Conference: A final push to resolve issues without a trial.

5. Trial: If no agreement is reached, a judge decides. (Less than 5% of cases go to trial).

5. Financial Support & "Coerced Debt"

• Child Support: Based strictly on the payor’s income and the number of children (The "Table Amount").

• Spousal Support: Based on income difference and length of the relationship.

• Coerced Debt (New Awareness): If your ex-partner took out loans in your name or forced you into debt, tell your lawyer. Ontario has introduced legislation (Bill 41) to recognize coerced debt, and while implementation is complex, raising this financial abuse is vital for property division.

Frequently Asked Questions (FAQ)

Q1: Do I have to mediate with my abuser?

No. While mediation is generally encouraged in Ontario, it is not mandatory or recommended in cases of domestic violence due to the power imbalance. You can screen out of mediation by disclosing the history of abuse to the intake coordinator.

Q2: Can I move away with my children to escape the violence?

You must be careful. Moving a child without the other parent's consent or a court order can be seen as "abduction" by the court. However, if you are fleeing immediate danger, you should prioritize safety—but you must file an "Urgent Motion" immediately after to explain why you left.

Q3: What if I can't afford a lawyer?

Legal Aid Ontario (LAO) provides a 2-hour Domestic Violence Certificate for free legal advice, regardless of your income (in many cases). If you qualify financially, you may get a full certificate for representation. Ontario also has Family Court Support Workers available through victim services agencies to help you navigate the process for free.

Q4: My ex was never charged by the police. Will the family court believe me?

Yes, they can. Family court operates on a "balance of probabilities" (is it more likely than not that it happened?), which is a lower standard than criminal court ("beyond a reasonable doubt"). You can prove abuse through sworn affidavits, witness statements, medical records, and text/email evidence.

Q5: What is "Keira's Law" and does it help me?

Yes. Passed federally, Keira's Law requires judges to receive continuing education on domestic violence and coercive control. It was created because judges previously failed to recognize subtle signs of danger. You or your lawyer can explicitly reference the risk factors Keira's Law highlights (like coercive control) in your submissions.

Q6: Can I keep my address confidential?

Yes. If you are in a shelter or fear for your safety, you do not have to put your home address on court forms. You can use a "service address" (like a lawyer's office, a friend's house, or a shelter's PO Box) to ensure you receive documents without revealing your location.

References & Resources

• Legal Aid Ontario: 1-800-668-8258 (Ask for the DV 2-hour certificate)

• Assaulted Women's Helpline: 1-866-863-0511 (24/7 crisis support)

• Luke's Place: Specialized family law support for women in Ontario.

• Legislation: Children's Law Reform Act, R.S.O. 1990, c. C.12; Divorce Act (Canada).