Family lawyer in North York

Which family court handles North York cases?

North York is part of Toronto, and Toronto has more than one family court. Which one you use depends on what you need:

• Superior Court of Justice, 393 University Avenue, Toronto. Only this court can grant a divorce or divide property. If you are married and need a divorce or an equalization of property, your case belongs here.
• Ontario Court of Justice, 47 Sheppard Avenue East, North York. This court is close to our office. It hears parenting, child support and spousal support cases (but not divorce or property), and child protection matters.

Choosing the right court at the start saves time and money. If you are unsure, we can tell you in one conversation where your case should be filed.

Many families settle without a judge deciding anything, through negotiation, mediation or a separation agreement. When a court case is needed, it usually moves through these stages:

1. Application and serviceThe application sets out what you are asking for and is served on the other party, who then has a set time to respond.
2. Mandatory Information ProgramA free session on the court process and options such as mediation, required in most cases.
3. Financial disclosureSworn financial statements and supporting documents for income, assets and debts.
4. Case conferenceAn informal meeting with a judge to narrow the issues, check disclosure and encourage settlement.
5. Motions, settlement conference and trialTemporary orders if something cannot wait, a further push to settle, and a trial only for what is left.

The home or condo

Whether your family home is a house or a condo, if you are married it is the matrimonial home. Both spouses have an equal right to live there, whoever is on title, until an agreement or court order says otherwise. Neither spouse can sell or mortgage it without the other's consent or a court order.

Its value is shared through equalization of net family property. A matrimonial home owned before the marriage is generally not deducted the way other pre-marriage assets are. If you own an investment condo or rental unit as well, that is valued separately as part of equalization. If you are not married, different rules apply; see common-law property rights.

Marriages abroad and spouses overseas

Many North York families married outside Canada, and some have a spouse who still lives abroad. A few points come up often:

• A marriage performed outside Canada is generally recognized in Ontario if it was valid where it took place. You will need the certificate and a certified translation if it is not in English or French.
• If your spouse lives overseas, serving the court papers takes extra steps and time. Tell us at the start so the case does not stall.
• A religious divorce does not end a marriage under Ontario law. You need a civil divorce to remarry legally in Canada.
• Property outside Canada is still part of equalization, although valuing it and enforcing against it can be harder.

Children, parenting time and support

Ontario law now uses "decision-making responsibility" and "parenting time" instead of custody and access. Every decision is based on the child's best interests. If one parent wants to move with the children, the relocation rules require written notice in advance, and the other parent can object. See Ontario's relocation rules.

Child support is calculated under the Child Support Guidelines, mainly from the paying parent's income and the parenting schedule. If each parent has the children at least 40% of the time, the calculation changes; see the 40% rule.

Free and low-cost help in Toronto

• Family Law Information Centres (FLIC): free information about the court process and forms at Toronto's family courts.
• Family duty counsel: Legal Aid Ontario lawyers at the courthouse can give free advice to people who qualify financially.
• Legal Aid Ontario: 1-800-668-8258 for eligibility and services, including help for people experiencing family violence.
• Mediation: subsidized family mediation is available through the court for eligible families.

If you are in danger, call 911.

What does a family lawyer in North York cost?

It depends on how much work your file needs. Reviewing a separation agreement or preparing a joint divorce costs far less than a contested case with parenting, support and property disputes. Court fees for a divorce were about $669 at the time of writing. Our 2026 family lawyer cost guide explains what drives fees, and payment plans are available.