Know where to find information about your local court’s processes
Understanding the family court process
In Canada, the administration of justice – including how courts operate – is the responsibility of provinces and territories, regardless of whether the laws are made at the federal or provincial/territorial level.
For example, criminal law in Canada is governed by the Criminal Code, which is created by the federal government. The same acts are against the law in every part of Canada, and the consequences for people who are found guilty of committing those acts are also the same across the country. However, how the courts are run is decided by the provinces and territories.
The same is true for family law. There is one federal family law – the Divorce Act – which covers many of the issues that arise for people who decide to end their marriage, and it applies to people wherever they live in Canada and wherever they got married.
The provinces and territories also have family laws, which apply to anyone who lives in that province or territory and which cover all of the issues (except divorce) covered by the Divorce Act and some that are not (e.g. restraining or protection orders). On this site, we provide information about the family laws for people living in different provinces and territories.
How family courts operate is determined by the provinces and territories, for all family law cases, whether they use the Divorce Act or provincial/territorial family laws.
Regional and local differences
While there are similarities from one part of the country to another, there are also differences.
For example:
- Cases begin when one person makes an application to the family court to have issues resolved, but the form that is used for this is different from one province/territory to another.
- There are processes such as motions and emergency motions everywhere in Canada, but how these work is different depending on where the case is taking place.
- Rules about serving documents vary somewhat.
- How courts like to receive evidence may not be the same everywhere in the country.
This can create confusion for a woman if she moves from one part of Canada to another, so it’s important for you to know where you can find information about court process in your province or territory.
Become familiar with the relevant family court rules and keep up to date on the practices in your community because some court process is determined at the regional level and, in addition to that, judges often have their own way of doing things in their courtroom.
For more details, see the resources with provincial and territorial laws and court-related services.