Family Court
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Ontario Family Law Rules / Rule 8

Starting a family case

Rule 8 tells an applicant how to begin a family case, have the Application issued, and serve the people who must respond.

1. Purpose: what this process aims to do

An Application starts a new family case and identifies the people, claims, factual basis, and orders requested. Rule 8 concerns starting a case; if you already have a case and need to change an existing final order or agreement, check the distinct Rule 15 motion-to-change route ↗. If you are the respondent, use the Answer guide after service.Check: Family Law Rules — 8, 15

What it can and cannot do

Issuing and serving an Application puts claims before the court and gives the respondent the chance to answer. It does not grant the requested orders or automatically put a contested motion before a judge. The ordinary path then moves through the Answer and conference stages; a temporary motion generally follows a conference dealing with the substantive issues, subject to Rule 14’s exceptions.Check: Family Law Rules — 14

2. Forms and documents you need

DocumentWhen you need itWhat to include
Form 8 — Application (General)Check: Official family forms — Form 8 — Application (General)Ordinary contested family case.Parties, children, each claim and order requested, and the material facts supporting them.
Form 8A — Application (Divorce)Check: Official family forms — Form 8A — Application (Divorce)The divorce application route described by the form.Check whether simple, joint or other divorce instructions fit. Other specialized proceedings use their own forms.
Forms 35.1 and 35.1ACheck: Official family forms — Forms 35.1 and 35.1AParenting claims; 35.1A where required.Parenting information and applicable child-protection information.
Forms 13 or 13.1 and 13ACheck: Official family forms — Forms 13 or 13.1 and 13AFinancial claims requiring disclosure.Financial statement and required supporting financial disclosure.
Form 6B — Affidavit of ServiceCheck: Official family forms — Form 6B — Affidavit of ServiceAfter the issued Application is served.Server’s sworn or affirmed proof for each recipient.

Choose the documents that apply to your claims and this route. Use the current official forms and check the instructions printed on each form.Check: Official family forms — form instructionsCheck: Family Law Rules — Rule 8

3. Put the package together

How to prepare

  1. Choose the right court and application.Confirm the court that can decide every claim, and whether the matter is a new case or a motion to change a final order.Check: Family Law Rules — Rule 8
  2. List parties and orders.Name the people Rule 8 requires to receive the Application, identify each requested order, and explain the key facts in a clear chronology.Check: Family Law Rules — 8
  3. Assemble required companion forms.Check Rule 13 financial disclosure and Rule 35.1 parenting affidavits before filing. Use current Ontario court forms.Check: Family Law Rules — 13, 35.1
  4. Prepare for special service.An Application normally requires special service by an adult other than the applicant under Rule 6, subject to its exceptions.Check: Family Law Rules — 6

Where are the page and evidence limits?

The cited provincial Superior Court direction does not give Form 8 a general page cap. Companion financial and parenting forms have their own required content. Later conference briefs and motion affidavits have separate page and exhibit limits; do not use their allowances to pad the Application.Check: Family Law Rules — Rule 8

4. Get it before the court

  1. Submit the starting package for issuance.Use the correct court and filing route. Keep the court-issued copy, file number, acceptance confirmation and any first appearance information. Do not serve an unissued draft as the issued starting document.Check: Family Law Rules — Rule 8
  2. Follow the first-appearance or conference route.If the court assigns an appearance, follow that notice. Otherwise, after the appropriate response steps, arrange the required conference. Ottawa’s ordinary case-conference bookings use family Calendly. A contested motion to change generally needs a conference before its merits are heard.Check: Family Law Rules — Rules 17(3), (4.1)Check: SCJ Calendly locations — Ottawa

File the documents through the right channel

Use Family Submissions Online or the permitted self-represented counter/email route. Follow any urgent-filing instruction or order. Retain the court’s acceptance confirmation and Case Document List; a submission receipt alone is not acceptance.Check: Provincial family direction — paras. 1–7, 13–18

Filing and Case Center are separate. In regions outside Toronto, court staff upload accepted pretrial filings for self-represented people. A Case Center upload does not file a document.Check: Provincial family direction — paras. 29–33

5. Service, filing and the timeline

The trigger below may be service, a refusal notice, a court decision or the claim document itself. You do not wait for a new hearing date when the rule requires action earlier.Check: Family Law Rules — Rule 8

  1. Start: file the Application and receive the issued court copy, file number, and any applicable first appearance date.Check: Family Law Rules — Rule 8
  2. Immediately after issue: specially serve the Application on every other party as Rule 8(5) requires, subject to its listed exceptions. File Form 6B proof.Check: Family Law Rules — 8(5)
  3. 30 or 60 days from effective service: ordinary Answer period under Rule 10, depending on where the respondent was served.Check: Family Law Rules — 10
  4. Next events: follow first appearance instructions if one is assigned; otherwise pursue the appropriate case conference scheduling route. Form 17F confirmation belongs to that later conference, not to filing an Application.Check: East Region direction — paras. 80–85 (confirmation)

6. Hot points to remember

  • Rule 8 is the applicant’s route: a respondent answers under Rule 10; changing an existing final order usually follows Rule 15.Check: Family Law Rules — 8, 10, 15
  • Issued is not served: obtain the court-issued version before special service and file proof afterward.Check: Family Law Rules — Rule 8
  • No self-service of an ordinary Application: Rule 6(4.1) generally requires another adult to perform special service, subject to its exceptions.Check: Family Law Rules — 6(4.1)
  • Conference before motion: Rule 14(4) usually requires a conference addressing the substantive issues first, with listed exceptions and permission routes.Check: Family Law Rules — 14(4)

Recommended rules to read

Start with the rules that fit this step. Read the conditional ones only if they apply to your case.