essay on family court

Legal Dictionary

The Law Dictionary for Everyone

Family Court

Family court is a delegation of authority from the states’ superior courts, tasked with hearing matters specific to family law , such as divorce and child custody . First established in the U.S. in 1910, the purpose of family law court is to provide families specialized services and obtain the best possible results in family law matters. Each state has specific laws pertaining to family issues, but family law matters are typically presided over by a single judge , rather than a judge and jury . Most states also utilize mediation in family court proceedings, especially in matters of child custody, to help ensure decisions made are in the family’s and children’s best interests. To explore this concept, consider the following family court definition.

Definition of Family Court

• A court that convenes to hear matters related to domestic and familial relationships.

1910 as Domestic Relations Courts in the United States

Family law is a body of statutes, rules and regulations, and court procedures that govern relationships within family units. The laws in each state vary, but they are all aimed at preventing emotional conflict or physical abuse for both adults and children. Family law matters can become quite complex, and often involve heightened emotions or serious conflicts that can have a lasting impact. For this reason, it is often recommended that the parties involved seek the help of an experienced family law attorney, or seek the help of a mediator or other professional skilled in alternative dispute resolution processes. Alternative dispute resolution processes are any processes other than courtroom hearings that are used to solve civil matters.

Types of Family Court Cases

All family court cases involve some type of relationship between two or more people, as well as the care and guardianship of children and adults who are unable to care for themselves. The cases heard by family law courts vary greatly, but the most common revolve around the termination of a marriage or romantic relationship, and child custody. Other types of family court cases revolve around:

• Child custody and visitation
• Child support

Spousal Support

Guardianship.

• Domestic violence

When a married couple decides to end their relationship, they must go through the legal process of divorce, also referred to as “ dissolution of marriage .” Each state has specific requirements that must be met before a couple can be divorced. These often include a residence requirement in which the couple must have resided in that state for a specified minimum period of time. Most states also require that the couple be separated for a minimum period of time before a divorce will be granted.

Some states allow “fault” divorces, in which one spouse alleges, and is required to prove, that the other spouse caused the failure of the relationship through some act, such as adultery or abuse. All states allow no-fault divorces in which it does not matter where either spouse engaged in wrongdoing.

Distribution of Marital Property

A primary sticking point in many divorces is the distribution of marital property . When the parties cannot agree as to who takes what, and how to divide up the bank accounts and debts, the task is left to the judge. The court’s goal in dividing marital assets is equitable distribution . This is not necessarily an even or equal distribution, but what is considered “fair,” in light of certain facts of the marriage and divorce. In a “fault” divorce, the innocent spouse may be awarded a larger share of assets. In a no-fault divorce, the court may allocate property based on which spouse is more financially sound.

At some point in a divorce, the court is usually asked to make an order for alimony , also known as “spousal support.” Spousal support is intended to give the receiving spouse an opportunity to gain employment necessary to become self-supporting. It may also be ordered to enable the receiving spouse to maintain the same standard of living he or she was accustomed to before the relationship ended. Not all states award spousal support, but in those that do, the court often considers such issues as the length of the marriage, the reason for the divorce, and the financial state of each spouse, in determining the amount.

Child Custody

When a divorcing couple cannot reach an agreement as to where the children will live, a schedule of visitation with the other parent, and who will be responsible for making important decisions for the children, the court must decide for them. The court favors custody arrangements that give the parents equal legal and physical custody of the children, though its ultimate goal is to ensure the custody details are in the best interests of the child . Family court mediation is commonly used to determine how custody should be assigned.

Visitation refers to the amount of time and schedule during which the non-custodial parent will spend with the children. If the court determines that the non- custodial parent cannot be trusted to properly care for the children during visitation, he or she may be awarded only daytime visitation, or supervised visitation. This ensures the parent is able to spend time with the children, while protecting the children and ensuring they are cared for. In extreme cases, an unfit parent may be denied visitation, or the children may be removed to third party custody if both parents are unfit.

Child Support

The court deems it the responsibility of both parents to financially provide for their children. While each state has specific laws outlining how child support is to be calculated, it is common for the non-custodial parent to make support payments to the custodial parent to help cover the children’s basic living expenses. In determining the amount of child support to be paid, the court generally considers the amount of time the children spend with each parent, the incomes and expenses of both parents, and any special needs of the children.

In additional to periodic, usually monthly, child support payments, the parents are commonly ordered to split the costs of medical care, educational expenses, and childcare expenses. When a parent fails or refuses to make court-ordered child support payments, he or she may be found in contempt of court . This may lead to fines, loss or suspension of a driver’s license, loss of business or professional license, and even jail time.

Adoption is a legal process by which a person takes over the role of parent when one or both of the child’s biological parents have lost or given up their parental rights and responsibilities. When an individual or couple seeks to adopt a child, certain legal processes must be undertaken, and the adoption is finalized in family court. Once the adoption has been finalized, the adoptive parents become the child’s legal parents in every way.

Guardianship is a legal process in which a person is appointed to act on behalf of another person. Most often, it involves a minor child, but it can involve an incapacitated adult. The child or incapacitated adult requiring a guardian is referred to as the “ward.” A guardian is usually appointed to act on behalf of the ward for a specified period of time, or until the ward becomes able to care for himself. When appointing a guardian, the court considers whether the proposed guardian is physically and psychologically able to care for the ward, and what is in the ward’s best interests. Other considerations in a prospective guardian include his health, education, character, and income.

Domestic Violence

Domestic violence takes place when one family member or member of the household commits an act of violence against another. This may be between two married people, domestic partners, siblings, or even roommates. Often times, domestic violence involves repetitive acts of emotional, physical, or sexual abuse, but may be in the form of stalking or terrorizing a member of the household.

Domestic abuse may involve a serious crime, such as rape , but most often takes a lesser form such as pushing, punching, or slapping a partner or child. Regardless of the acts that take place, most states classify domestic abuse as a specific crime, since the offender is involved personally with the victim and has gained the victim’s trust . When hearing cases involving domestic violence, the court often imposes harsh sentences to protect the victims in the future.

Domestic Violence Restraining Order

Victims of domestic violence often live in fear that their abuser will strike again. In an attempt to alleviate this fear, and the possibility of violent reprisal, family courts have the authority to issue restraining orders specifically targeted at domestic violence. A Domestic Violence Restraining Order (“DVRO”) specifies conduct and prohibitions the offender must abide by. If the offender fails to comply with the DVRO, the victim may have him or her arrested. Common provisions of a DVRO include:

• A specified distance the offender must remain from all parties listed in the order (usually 100 yards)
• A prohibition against contacting any parties listed in the order in any manner, including by personal contact, telephone, and email
• An order for the abuser to move out of the shared residence immediately
• An order for the abuser to surrender all firearms to local law enforcement

In order to obtain a DVRO, the victim must file legal documents with the court in which the abuse is described and detailed. Police reports and witness statements may be attached. A temporary order is issued when the documents are filed, to protect the victim until a hearing is held at which the judge will determine whether to issue a permanent order.

Related Legal Terms and Issues

• Authority – The right or power to make decisions, give orders, or to control something or someone.
• Contempt – A deliberate act of disobedience, or disregard for public authority, such as a court.
• Custody – The protective care of something, or someone.
• Divorce – The legal termination of a marriage.
• Hearing – A proceeding before the court at which an issue of fact or law is heard, evidence presented, and a decision made.
• Judicial Decision – A decision made by a judge regarding the matter or case at hand.
• Jurisdiction – The legal authority to hear legal cases and make judgments; the geographical region of authority to enforce justice.
• Victim – A person who is injured, killed, or otherwise harmed as a result of a criminal act, accident, or other event.

Center for Judicial Excellence

Justice. Accountability. Integrity.

The Facilitating System of the Family Court

November 19, 2021

Essay by Grant Wyeth

Earlier this month I made a presentation at a conference, organised by the University of California, Irvine’s Initiative To End Family Violence, in conjunction with California Protective Parents. In my presentation I made some brief points about what can be called the “Facilitating System” in and around family courts that I think could do with some elaboration. These are the ideas and incentives that facilitate, not alleviate, abuse.

Read more here .  

Share this:

• Share on Tumblr

Click here to see our complete U.S. Child Homicide dashboard!

P.O. Box 150793 San Rafael, California 94915 Phone: 415-444-6556 Email: [email protected]

Find Us on Facebook

CJE Facebook Page

Email List Signup

The Family Court Process: A Step by Step Guide

If you're going through a family law matter, we understand that it can feel overwhelming and confusing. That's why we're here to break down the process clearly, so you know what to expect.

In this guide, we’ll walk you through the family court process, covering all the steps involved and answering your most frequently asked questions including:

Table of Contents

What do the family courts do, why do people go to family court, the family court process: step by step, the role of cafcass in family law, how long do family court proceedings take, who is allowed in family court, do children go to family court, what if my family case is urgent, what happens if i can’t attend a family court hearing, can you stop family court proceedings, can i appeal the family court’s decision, get legal help in the family court process.

The family courts make decisions on family matters when families, usually separating couples, can’t agree on child access or financial arrangements.

The job of the family court is to listen to both sides of an argument and make a fair decision. The family court deals with divorce , child custody, and financial matters.

Family cases are handled by judges and magistrates (volunteers who hear cases in courts in their community).

As matters in this area can be very emotionally charged, the family court encourages parties to use alternative forms of dispute resolution instead of going to court, such as family mediation and arbitration, especially in cases that involve children.

Family law covers two main types of cases: private and public matters.

In private cases people go to family court over disputes that can arise from divorces or separations and might involve decisions about where the children will live, visitation arrangements, schooling, or even if a parent can relocate abroad with the children. These cases can also involve other family members like grandparents, too.

Public cases happen when local authorities step in to protect children facing harm in their parents' care. These cases can lead to actions such as removing the children from their parent's custody and possibly leading to adoption. Family judges handle these cases as well.

The family court process begins when someone applies. Before they can do this, all parties involved must attend a MIAM (Mediation Information & Assessment meeting) , unless there is a valid reason not to, such as evidence of domestic abuse and violence or child protection concerns. The goal of a MIAM is to help parents resolve problems without going to court.

If, following mediation or submitting the required exemption, an agreement still can’t be reached, an application can be filed. After that, the court follows a step-by-step process to figure out what's best for everyone involved.

Filing an application

When something in your family situation needs legal attention – like arranging child custody or dealing with financial matters – that's when you might want to apply to the family court. This means you are officially asking for the court's help to sort things out.

To begin, you'll need to fill out certain forms that explain your situation and what you're asking the court to decide. While you can fill out these forms yourself, it's often a great idea to seek help from a family law solicitor at this point. They're familiar with these forms and can guide you through the process. This is a journey that can involve legal terms and important details, so having a professional by your side can make a big difference and prevent delays.

Once you've got your forms ready, you'll send them to the court. You can apply online , and this is usually the fastest way. However, you can also complete a paper application if you need to. You will also need to pay a court fee or complete an exemption form if you are eligible.

If you find yourself in a situation where family court might be needed, don't worry – you don’t have to go it alone. It's always a good idea to get some professional advice from a family law solicitor early on. They can help you understand the process, offer advice, and support you every step of the way.

Court proceedings

Once your application is filed, the court will do some checks and get things in order. They want to make sure all the necessary information is there and that everyone involved understands what's happening.

The next step is then a First Hearing Dispute Resolution Appointment . A date for this is usually issued around 4 to 6 weeks after the application has been submitted.

First Hearing Dispute Resolution Appointment

At this stage, you and any other parties involved will be invited to attend the First Hearing Dispute Resolution Appointment (FHDRA).

The family court will send you a notice of proceedings, which you’ll need to respond to within 14 days, and an advisor from the Children and Family Court Advisory and Support Service (CAFCASS) will start to gather information ahead of the hearing.

At the FHDRA, you'll get the chance to explain your case in a Position Statement. A position statement is a summary that communicates your point of view. This isn’t always required, however, it can be useful if you feel nervous about speaking in court.

The court uses the FHDRA to figure out the best way forward. A CAFCASS officer will be present and, sometimes, a mediator. The court will consider what's in the best interests of everyone involved, especially any children. This might involve suggesting mediation or other ways to find common ground without going to a full trial.

If an agreement is reached at the FHDRA, the case can be closed. In this situation, the court may make a consent order .

If an agreement can’t be reached, the judge may still make a decision. However, in some cases, a judge might decide they need more information. In these cases, further hearings may be scheduled and the court might ask you or other parties involved to file statements or request reports or disclosure from the police or social services.

A CAFCASS officer may also be required to meet the children involved and create a report about their wishes and feelings.

CAFCASS stands for Children and Family Court Advisory and Support Service .

They are independent advisors to the family court. Their focus is on children and making sure their voices are heard.

They want to figure out what will make the children's lives better and safer. CAFCASS might talk to you, the other parent, and even the children themselves. This is to get a full picture of what's going on and everyone's thoughts and feelings.

Further hearings

After the initial steps and the involvement of CAFCASS, your case might need more attention. This is where further hearings come into play. These hearings help the court understand your situation better.

During further hearings, the court takes a closer look at the information provided and any changes that might have happened in the meantime. Here is a summary of the different types of hearings you might encounter in family court proceedings:

Dispute Resolution Appointments (DRA)

A Dispute Resolution Appointment (DRA), sometimes called a Dispute Resolution Hearing (DRH), usually comes after the First Hearing Dispute Resolution Appointment.

At this point, the focus is on considering any new evidence or reports gathered since the FHDRA. These could include things like drug tests, medical reports, police records, or additional reports from organisations like CAFCASS or Social Services.

During the DRA, you'll interact with CAFCASS and the other party, either in person or through a call or video call. The Judge or magistrate will listen to both sides' arguments about ongoing issues and decide on the next steps. If everyone agrees with CAFCASS or Social Services' recommendations, the DRA might become the final hearing, ending with a court order .

If there are still unresolved matters, the court will try to narrow them down and might give extra instructions. If there are delays with reports, the case could be postponed, and an extra report might be requested.

When parties disagree with suggestions, the case might head to a Final Contested Hearing.

Fact finding hearings

A Fact Finding Hearing is where evidence related to accusations of domestic abuse, including neglect, emotional distress, physical harm, and violence is examined.

The court then determines whether the alleged incidents occurred or not. Evidence is presented, often involving cross-examination of the parties involved. After reviewing the evidence, the judge decides the validity of the alleged incidents.

When making their decision, the judge evaluates the claims presented by both sides. The burden of proof lies with the party making the allegations. The judge considers the "balance of probabilities" to determine whether the allegations are likely true. This means the judge weighs whether it's more probable than not that the allegations are accurate.

Final hearings

At a final hearing, the judge looks at all the evidence available. This includes information from you, reports from Cafcass, and details provided by the Local Authority. If there was a fact-finding hearing, that's considered too.

Using all this information, the judge decides what's best for the child's well-being. They follow a 'welfare checklist' to make sure the child's interests come first.

The judge could choose not to make an order or might decide a Child Arrangements Order is needed. This order lays out where the child will stay and contact arrangements.

For cases involving children, there's typically a waiting period of about four weeks between starting the court process and the initial hearing.

Court reports usually take around 12 weeks to be prepared. This means that cases involving child arrangements often take several months to resolve. The timeframe largely depends on whether an agreement can be reached through the court or with the help of organisations like CAFCASS.

In financial cases, the waiting period between starting the case and the first hearing is generally around 12 to 16 weeks. This time is to allow both parties to gather and share financial information.

Similar to child-related cases, financial cases also take a few months to conclude if an agreement isn't reached.

Temporary maintenance orders might be granted by the court during ongoing cases if there's an immediate need that can't be delayed. This is referred to as a Maintenance Pending Suit.

In Family Court, only the people directly involved in the case are allowed. This includes you, your legal representative if you have one, the other party, and their legal representative if they have one. Court staff and the judge are also present.

Children should only come to court if they are a witnesses, or have an appointment to meet with the judge.

If you have to bring your children for any other reason, you should bring a trusted adult friend or family member to look after them. However, it is recommended not to bring children to family court unless they have to be there.

When your situation demands urgent attention in family court, you should inform the court as soon as possible. If your matter is time-sensitive, it's a good idea to contact the court before physically going there. The court staff will look at the urgency of your case and arrange for you to meet a judge or magistrates either on the same day or as soon as possible, depending on the circumstances.

When seeking an urgent court order, it's advisable to inform the other party about it. You can do this by writing, calling, texting, or emailing them.

In certain situations, you might need to ask the court to consider your application without notifying the other parent. This is referred to as a "without notice application." For this type of application, you'll need to prove that:

Not informing the other parent would allow them to take actions that might undermine the purpose of your application (like taking the child abroad before the hearing).

Informing the other parent would compromise your safety or the child's safety, especially if there's a history of abuse or threats.

Extraordinary urgency exists, leaving no time to provide notice.

During a without-notice hearing, you'll explain your reasons for seeking the order without involving the other party. The judge will then decide whether to grant the requested order immediately or delay the decision until hearing from the other party.

Even if the court approves the order you're seeking, they typically schedule a follow-up hearing. This subsequent hearing decides whether the order should continue. The other parent will be informed of this hearing date and invited to give their perspective.

I f you are unable to attend a hearing, you should tell your family law solicitor straight away. In some cases, if there is good reason, an adjournment can be arranged, which means it will be rescheduled for another date.

It is possible to stop family law proceedings, but the process and outcomes depend on various factors. Family law proceedings can be emotionally taxing, and there might be situations where you wish to pause or stop the process.

Mutual Agreement

If both parties agree to stop family court proceedings, you can request a suspension.

This might be helpful if you're considering reconciliation or mediation or need more time to evaluate your situation.

Seeking Mediation

If you're in the middle of court proceedings and wish to explore other avenues, you can propose mediation. This involves both parties working with a neutral mediator to find common ground. If successful, this could lead to halting or altering the court process.

Temporary Orders

If you need a break to address specific matters, you can request temporary orders from the court.

These might involve custody arrangements, financial support, or visitation schedules, which can provide temporary relief while proceedings are paused.

Consent Orders

If both parties agree on certain terms, they can submit consent orders to the court. This can result in halting or modifying the proceedings based on the agreed-upon terms.

Withdrawal of Application

If you start the family court process and decide to stop them, you can withdraw your application. Keep in mind that this might have implications depending on your situation.

Remember that each case is unique, and the options available to you might vary based on your circumstances.

In most cases, the final decision of the judge is legally binding and final. That being said, there are some circumstances in which you can appeal a court decision in family cases , for example, if the judge makes a mistake or proper legal processes weren’t followed by the courts.

If you want to appeal the court’s decision, you have to do it within 21 days, unless you have been told otherwise. To appeal, you should request permission from the judge who made the decision or from the court that you are appealing to, depending on the circumstances.

In these kinds of situations, it is very important to seek legal advice from a solicitor, as appeals to the family court can be complex and cost a lot of money, so it’s important to know all your options before you begin.

Can a family court order be changed?

Life can bring about changes even after a final court decision has been reached.

For example, a Child Arrangements Order might no longer work well because a parent has moved. When this happens, you can request that a court order be changed.

This involves submitting the necessary documentation and adhering to the steps mentioned earlier. Just as you navigate the initial process, you'll follow a similar path if you find it necessary to adapt the court order to the new circumstances.

If you're at the beginning of your journey through the family court system, seeking help from a family law solicitor is the best place to start.

Navigating the family court system and proceedings might seem overwhelming, but you don’t have to face it alone. At Lawhive, we understand that each family's situation is unique, and our network of experienced family law solicitors is here to offer assistance tailored to your needs. With transparent pricing and online accessibility, we're committed to making this challenging journey smoother for you.

From negotiating agreements, exploring mediation, or even preparing for a trial, our team is here to guide you every step of the way.

Contact us today for your free fixed-fee quote and find the best solicitor for your family law case.

More articles about Family

Lying to get a non-molestation order: advice for respondents, controlling and coercive behaviour: what is it & what can you do about it, 10 common myths about prenuptial agreements, matrimonial home rights: what are they & when do they end, want a solicitor to help with your family matter.

Lawhive solicitors work online for fixed fees.

Get legal help the hassle-free way

We have expert solicitors ready to resolve any type of legal issue in the UK.

Remove the uncertainty and hassle by letting our solicitors do the heavy lifting for you.

Takes less than 5 mins

We pride ourselves on helping consumers and small businesses get greater access to their legal rights. Lawhive is your gateway to affordable, fast legal help in the UK. Lawhive uses licensed solicitors you can connect with online for up to 50% of the cost of a high-street law firm. Lawhive Ltd is not a law firm and does not provide any legal advice. Our network includes our affiliate company, Lawhive Legal Ltd. Lawhive Legal Ltd is authorised and regulated by the Solicitors Regulation Authority with ID number 8003766 and is a company registered in England & Wales, Company No. 14651095. Lawhive Legal Ltd is a separate company from Lawhive Ltd. Please read our Terms for more information.

What we can help with

• Agricultural
• Commercial Property
• Construction
• Conveyancing
• Immigration
• Landlord & Tenant
• Medical Negligence
• Money, Tax & Debt
• Neighbour Disputes
• Personal Injury
• Small Business
• Wills, Trust & Probate
• How it works
• Work with us
• Knowledge Hub
• Knowledge Archive
• Data Insight
• Privacy Policy

Find us on socials

• Twitter Twitter
• LinkedIn LinkedIn
• Facebook Facebook

Version: 17a3c39

Courthouse location and information

Family court overview.

The Ontario Court of Justice hears many different types of family cases, including child protection, adoption, cases involving decision-making responsibility, parenting time, contact, and support cases. However, the court does not hear divorce or property cases.

In this section, you will find information that will assist you if you have a family case at the Ontario Court of Justice.

It is very important that you are aware of the relevant family law legislation that governs your case. The Family Law Act , Children's Law Reform Act and Child Support Guidelines are the main pieces of family law legislation.

It is also important that you are aware of the Family Law Rules that govern the family court process.

The family law forms that you will need to use are here: Family Law Forms . Make sure that you use the forms from this website as it contains the most up-to-date forms.

• Family Law Act
• Children's Law Reform Act
• Child Support Guidelines
• Family Law Rules

New Rule 3.4, which comes into force July 5, 2021, authorizes the use of electronic signatures to sign electronic documents. Rule 3.4(1) sets out the definition of electronic signature. Under rule 3.4(2), the Court may issue practice directions authorizing additional methods of signing particular electronic documents.

To start a family law case, you need to gather the information needed by the court and then fill out various forms.

Steps to starting and responding to a family law case.

CaseLines is a user-friendly, cloud-based document sharing and e-hearing platform for both in-person and virtual family court appearances.

What you need to know about going to court.

In this section you will be able to find information for parents and caregivers. It is to help you to understand what the court process is when you are involved in a child protection case.

This is intended to help you represent yourself in a family law trial at the Ontario Court of Justice. Please be aware that this is basic information. It is not legal advice and it does not cover every situation that may come up in your trial.

Court and case information

Daily court lists (dockets).

Both the Ontario Court of Justice and Superior Court of Justice publish daily court lists online. These lists include family court cases.

It posts information about the cases for two days.

View Ontario Court lists

Access court records

Family court records are managed by the Ministry of the Attorney General.

The Ministry has a policy regarding access to court records.

Section 4 of the policy deals with family court records.

Child protection, adoption and openness court records are not available to the public, including the media.

Court appearances

Family matters at the Ontario Court of Justice are heard in-person, by virtual technology (video or telephone) or a combination of in-person and virtual technology.

The court has published a chart outlining whether a case is going to be heard in person or by virtual technology.

Email to Courthouse

Scheduling of family matters

Find a court and local contacts

To search for a particular court location and all available contact information relating to that location, including telephone numbers and email addresses, use the Courthouse location and information search tool. You should also contact the courthouse that heard the case in order to access court documents.

Search by Courthouse location

Some of the features include:

The Government of Ontario website also has contact information and links for all Ontario Court of Justice courthouses. This includes:

• hours of operation, maps, contact and accessibility information
• satellite and fly-in courts information
• services offered
• list of municipal Provincial Offences Court locations across Ontario
• contact information for the local Crown Attorney’s office

Family court process

What to expect in Family Court

There are several guides that the Ontario Court of Justice and Ministry of the Attorney General have developed for persons appearing in family court about family justice services.

Read full article --> More information

See the courtroom layout

Ministry of the Attorney General family law services

The Ministry of the Attorney General has information about family justice services.

Read full article --> MAG family law services      See the courtroom layout -->

Family law forms

The family law forms that you will need to use for your case.

Read full article --> Family law forms      See the courtroom layout -->

Zoom user guide

Zoom User Guide for Remote Hearings in the Ontario Court of Justice.

Read full article --> Zoom user guide -->      See the courtroom layout -->

Police investigation and arrest

This is the first stage in the criminal court process. This is when a police officer charges you with an offence under the Criminal Code of Canada.

After being charged with a crime, the police can do four things:

• hold you in custody until a bail hearing;
• give you a summons;
• release you on an appearance notice;
• release you on a police undertaking.

Related information

MAG Going to court: accessibility (TBD)

Read more (TBD)

Following your arrest, you will remain in police custody, normally at a police station, until you can see a judge for a bail hearing. You should ordinarily see a judge within 24 hours of being in custody.

Police give you this document. It requires you to appear in court at a specific time and place. It may also require you to appear at a specific time and place in order to provide fingerprints.

Similar to a summons, this document is given to you by police and compels you to appear in court at a specific time and place. It may also require you to appear at a specific time and place in order to provide fingerprints.

The police may release you upon you agreeing to obey certain conditions. This document is called an undertaking and it requires you to attend court at a specific time and place. It may contain conditions that require you to do things like remain in a specified territorial jurisdiction and that prohibit you from doing things like speak to victims or witnesses. It may also require you to appear at a specific time and place in order to provide fingerprints.

If you do not attend court on the dates set out on your summons, appearance notice or undertaking to a police officer, a warrant can be issued for your arrest, and you may be charged with a further criminal offence of failure to attend court. If you do not obey the conditions of your undertaking, you could be charged with the further criminal offence of failure to comply with undertaking.

Content area here

consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.

Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.

Family law trials at the Ontario Court of Justice

This guide is for unrepresented litigants who have a family court trial at the Ontario Court of Justice.

Read full article --> Representing Yourself at Your Family Law Trial      See the courtroom layout -->

Useful resources

• Media Inquiries
• A-Z Definitions
• Related links
• Daily Court Lists

Contact your local courthouse to find out when and where justices of the peace are available. The location and phone numbers for Ontario courthouses may be found under “How do I find my courthouse?” If your received a provincial offences ticket you should contact the court shown on the ticket.

Depending on the court location, there are several methods available to pay tickets, including:

• Online payment
• In-person payment
• Payment by mail
• Telephone payment

Please read your ticket for the payment options available to you and information about where to send your payment. Alternatively, contact the municipality where the ticket was issued for information about fine payment.

Check the status of traffic tickets and fines online.

The courthouse Accessibility Coordinator is the main point of contact for information about courthouse accessibility features or how to request accommodation of a disability for courthouse services, programs or proceedings. To contact the Accessibility Coordinator in the courthouse that you are attending please visit the list of Ontario court addresses on the Ministry of the Attorney General website. For provincial offences matters, please see the Ministry of the Attorney General’s Municipal Provincial Offences Court Contacts page.

Ontario Court addresses

Municipal Court offices

For further general information about the Court, please see the External link to resources

External link to resources External link to resources

What to Expect in Family Court – Guide

There are a few things that are important to remember when you go to court:

In the courtroom, the judge sits on a dais (a platform) at the front of the room. There will also be a court clerk and a court reporter in the courtroom. Please be aware that a family law case is open to the public and that everything said or done in the courtroom is recorded. You may also see people walking in and out of the courtroom.

There are two tables in front of the judge called counsel tables. They are for the applicant and the respondent in the case. The applicant and respondent are parties in the case. You are either the applicant or the respondent. Usually, the parties sit there with their lawyers. If you don’t have a lawyer and you want to bring someone to sit with you at these tables, make sure that you ask the judge for permission to do this. However, if that person is going to be a witness, the judge won’t allow that person to sit with you. You should try to choose someone who is not going to be a witness.

• You should try to dress in good clothes for court. Ask anyone coming with you to dress neatly, too.
• You should not wear clothes that have inappropriate words or pictures on them.
• Turn your cellphone to vibrate only or turn it off.
• Always be respectful and polite to everyone in the courtroom, including the other party. Try to remain calm.
• When you speak to the judge, say either “Your Honour” or “Justice” before the judge’s last name.For example, you can say, ”Justice Smith” or “Your Honour”.
• You must stand up when a judge enters or leaves the courtroom. You should also stand when you are speaking to the judge.
• When you are speaking to a witness, you should say either “Mr.”, “Ms.” or “Doctor” before their last name and not use their first names. For example you can say, “Mr.Smith” but not “Joe”.
• When you want to speak during the trial, talk directly to the judge. Do not talk to the other party or courtroom staff.
• Do not interrupt when the judge or the other party is speaking. Only one person is allowed to speak at a time.
• Do not speak to the other party and tell them that you don’t agree. The judge will give you time to disagree when it is your turn to speak. The judge will tell you when it is your turn to speak.
• Do not swear in court. Do not use rude gestures.
• Do not argue with the judge in court.
• Be polite to everyone in the courthouse.
• Do not chew gum.
• You should take notes during court so that you may respond to any issues raised by the other party when it is your turn to speak to the judge.
• If you disagree with something the other party tells the judge, write it down.
• If you object to the other party’s questions to witnesses, write down your objection, and then stand up. This tells the judge that you have something to say.
• Don’t stand up if you disagree with the other party’s or the other party’s witnesses’ answers to questions or if you think that the other party or their witnesses are lying. Write it down.
• If you can’t hear a witness, the other party, a lawyer or the judge, you should stand up and let the judge know when he or she gives you permission to speak.
• You may not record your hearings unless you ask the judge and receive permission before the hearing starts.
• Court is usually open from 10:00 a.m. until 4:30 p.m. The court usually takes a break for lunch at 1:00 p.m. There will also be a break in the morning and in the afternoon. These hours may change. The judge will decide if your case starts earlier or later or ends earlier or later. Please make sure that you and your witnesses are on time for your hearing.Make sure that you return to court on time after the breaks.
• The judge cannot give you any legal advice because the judge must be fair and impartial when hearing your case. You should consult a lawyer or duty counsel at your local courthouse. If you have any questions about court procedure during your trial, however, you may ask the judge.

Courtroom Layout

This website is maintained by the Office of the Chief Justice.

• Accessibility
• Ontario Courts
• Website Policies

Ontario.ca needs JavaScript to function properly and provide you with a fast, stable experience.

To have a better experience, you need to:

• Go to your browser's settings
• Enable JavaScript

File family court documents online

Learn how to file family court documents online – without having to go to court. You can file for a divorce, parenting orders, support, division of property and other family court orders.

On this page Skip this page navigation

How it works.

You can submit a request to file family court documents to the Ontario Court of Justice , Superior Court of Justice , including the Family Court Branch of the Superior Court of Justice and the Divisional Court of the Superior Court of Justice (but not the Ontario Court of Appeal ).

After you submit your family court documents, court staff will notify you within 5 business days if your documents have been accepted or rejected for filing with the court.

Filing your family court documents online may not be the right choice for you, depending on your circumstances. Contact a lawyer for more information and advice.

What you can file online

You can submit most family court documents online, including to:

• apply for a simple or joint divorce
• start or answer an application for things like child support, spousal support, or division of property
• attend a family conference
• make or respond to a motion
• bring a motion to change a final court order or agreement for things like child support
• register a domestic contract, such as a separation agreement, for support enforcement
• file documents in a child protection case
• request a fee waive r certificate
• bring an appeal to the Superior Court of Justice or the Divisional Court of the Superior Court of Justice

Get help before you file

Contact a lawyer.

It’s best to contact a lawyer before filing documents online or in court. A lawyer knows what documents you must file at every step in a case, as set out in the  Family Law Rules or any court Notices and Practice Directions. A lawyer can provide advice on your options and legal risks, the evidence that should be provided to the court for your case and the consequences of failing to provide the required information or follow court procedure.

If you need to contact a lawyer, you can find one through:

• The Law Society Referral Service
• Legal Aid Ontario

Get free online help to complete your court forms

Community Legal Education Ontario ( CLEO ) has a free online tool to help you complete your court forms .

The  Family Law Guided Pathways  asks you questions and puts your answers into the required court forms. When you’re finished, you can save or print your completed forms before filing them online.

You can also find more information about family law on  CLEO’s   Steps to Justice website .

How to file online

Before you file online, make sure you complete, sign and date all required documents according to:

• the Family Law Rules
• relevant requirements from the Ontario Court of Justice
• relevant requirements from the Superior Court of Justice

In some circumstances, you must also swear or affirm an oath in front of a notary public or commissioner of oaths that your documents are true.

Find official up-to-date forms .

Deadline to apply online

You cannot submit documents online:

• to request an urgent hearing
• for a court date that is 5 business days or less away (for example, if you are attending court on Tuesday, January 9, you can submit documents online up to and including Monday, January 1)
• if you need to meet a deadline established by legislation, court rules, court practice direction or a court order that is 5 business days or less away

If you cannot submit online, file your documents in person at the courthouse or by email in accordance with the Family Law Rules and any orders, Notices and Practice Directions issued by the Ontario Court of Justice and the Superior Court of Justice .

Before you file online

Before you file, make sure you have:

• an online  My Ontario account
• all your documents completed, signed, dated, commissioned as required and saved as individual PDFs or in Word ( .docx ) format
• your Visa, Mastercard or debit card, if there are filing fees in your case
• your court file number, if you are filing documents for an existing case

You need Adobe  Acrobat® Reader version  5.0 (or higher) installed on your computer to complete these forms.

The cost to file documents online is the same as the cost to file documents in person at a courthouse. For the:

• Ontario Court of Justice there are no filing fees
• Superior Court of Justice (including the Family Court Branch and the Divisional Court of the Superior Court of Justice ) there may be filing fees, depending on the claims in your case and the documents you are filing

You must use  Visa, Mastercard or debit cards to pay filing fees online.

If you can’t afford to pay the fees in your case, you can ask the court to waive the fees by requesting a fee waiver certificate.

File your documents

Your session will expire if you’re inactive for 15 minutes. Your information will not be saved.

Family court forms are public documents. The information you provide in the forms can be viewed by the public whether you file in-person or online. Learn more about  public access to family court files  or  find a family court location .

Be careful when entering personal information online, where people can see and/or capture it on camera. Try not to open an online account or enter your password in public – and if you are in public, shield any forms you are completing.

Keep copies of your documents

You should keep a copy of all your documents for your records. After you submit your documents online, you cannot view the documents online.

After you submit your documents online

You will receive confirmation that your documents have been submitted but not yet filed with the court. Take a screenshot or print a copy of this screen for your records.

Court staff will review your documents within 5 business days to determine if they are accepted or rejected for filing with the court. If your documents are:

• accepted, you will receive an email confirming your documents have been filed
• rejected, you will receive an email stating your documents have not been filed, the reasons for the rejection and confirming your credit or debit card has not been charged

If your documents are rejected, you can address the reason(s) for the rejection by revising your documents and resubmitting the revised documents together with any applicable court filing fee(s) to the court.

If the court issued your document, you will receive the issued document by email.

If you have any questions about your specific case, contact the court office where your documents were submitted or filed. You can find a list of courthouse addresses and phone numbers here .

• Share full article

Advertisement

Supported by

Guest Essay

The Moral Limits of Bankruptcy Law

By Melissa B. Jacoby

Ms. Jacoby is the author of the forthcoming book “Unjust Debts: How Our Bankruptcy System Makes America More Unequal.”

When Purdue Pharma filed for Chapter 11 bankruptcy in 2019 , it had over a billion dollars in the bank and owed no money to lenders. But it also had the Sacklers, its owners, who were eager to put behind them allegations that they played a leading role in the national opioid epidemic.

The United States Supreme Court is now considering whether the bankruptcy system should have given this wealthy family a permanent shield against civil liability. But there is a bigger question at stake, too: Why is a company with no lenders turning to the federal bankruptcy system in response to accusations of harm and misconduct?

The maker of OxyContin is one in a long line of companies that have turned Chapter 11 into a legal Swiss Army knife, tackling problems that are a mismatch for its rules. Managing costly and sprawling litigation through bankruptcy can be well intentioned. But Chapter 11 was designed around the goal of helping financially distressed businesses restructure loans and other contract obligations.

If companies instead turn to bankruptcy to permanently and comprehensively cap liability for wrongdoing — the objective not only of Purdue Pharma but also of many other entities over recent decades — they can shortchange the rights of individuals seeking accountability for corporate coverups of toxic products and other wrongdoing. And in a country that relies on lawsuits and the civil justice system to deter corporate malfeasance, permanently capping liability using a procedure focused primarily on debt and money could be making us less safe.

In 1978, a bipartisan group of lawmakers enacted sweeping reforms to American bankruptcy law. To enhance economic value and keep viable businesses alive for the benefit of workers and other stakeholders, these changes gave companies more protection and control in bankruptcy. This new bankruptcy code also made it easier to alter the legal rights of creditors during and after bankruptcy without their consent.

To provide more sweeping protection to a distressed but viable company, the new bankruptcy laws also expanded the definition of “creditor” to include people allegedly injured by the business. Yet the rules governing Chapter 11 were drafted primarily with loans and contracts, not large numbers of harmed individuals, in mind.

When this bankruptcy law expansion dovetailed with the rise of high-volume asbestos litigation, creative lawyers started a trend that bankruptcy code drafters did not anticipate: using Chapter 11 to manage widespread allegations of coverups and harm to individuals. The former Fortune 500 company Johns Manville, an asbestos manufacturer, filed for bankruptcy in 1982, arguing that being a defendant in so many lawsuits made it eligible for Chapter 11.

The company promoted a broad reading of bankruptcy’s scope: to save the business, it needed protection not only from injured people already pursuing the company but also from those who might discover how asbestos harmed them much later in the future. In exchange, a trust would be set up to compensate claimants. Federal court orders put these ideas into effect, and Congress eventually passed a law authorizing asbestos bankruptcies if structured like Manville’s.

When the pharmaceutical and consumer products company A.H. Robins demanded even more bankruptcy protection than Manville, it set the stage for strategies like the one Purdue Pharma would adopt. After A.H. Robins’s Dalkon Shield birth control device triggered a host of medical problems for hundreds of thousands of women around the world, including spontaneous septic abortion, loss of fertility and death, the company filed for Chapter 11 in 1985. The resulting court orders not only granted its requested relief and set up a trust for injured women but also shielded its owners, members of the Robins family, who were accused of fraudulently concealing the Shield’s hazards .

The use of Chapter 11 to permanently cap liability for a range of potentially liable parties attracted the attention of the Catholic Church. Since the 2000s, 35 dioceses have filed for Chapter 11 in response to allegations of child sex abuse and coverups. So have organizations like U.S.A. Gymnastics and the Boy Scouts of America . Illustrating how bankruptcy makes strange bedfellows, the U.S. Conference of Catholic Bishops filed a Supreme Court brief to support the protection of the Sacklers in the Purdue Pharma bankruptcy.

Some companies facing tens of thousands of lawsuits are too well off for bankruptcy yet are determined to access the system’s benefits. In a maneuver often called the Texas two-step, financially healthy companies have created special nonoperating subsidiaries to send into Chapter 11. By doing so, the hope is to permanently shield the entire corporate enterprise against liability for wrongdoing, in exchange for a fixed financial contribution to compensate claimants now and in the future.

The two-step provokes costly and time-consuming legal challenges, and even if they succeed, the bankruptcy filing typically results in the cancellation of scheduled jury trials in other courts in the meantime — to the companies’ benefit. The corporate giant Johnson & Johnson has already filed two two-step bankruptcies in its effort to cap liabilities for accusations that it ignored alleged cancer risks stemming from its talc-based personal hygiene products. Although both attempts were eventually dismissed because the entity was not in financial distress, Johnson & Johnson is planning to file a third time .

Some academics, and even more bankruptcy lawyers, believe Chapter 11 can be useful to manage a wide array of mass tort litigation, at least in some instances. The 1997 report of a federal commission concluded that the bankruptcy system had features well suited to managing mass tort liabilities if substantial guardrails were put in place (but Congress did not enact those guardrails).

The trade-off for overriding some laws and procedures was promoting equal treatment of similarly situated claimants , including those who discover harm long in the future who could not readily collect from the pot under other dispute resolutions systems, while saving otherwise viable organizations to the benefit of workers and other stakeholders. Supporters often say Chapter 11 is more efficient than civil litigation, which can translate into higher compensation for injured people.

Unfortunately, bankruptcy has a rocky track record in delivering its hoped-for financial benefits. While Manville lived on, the trust created by its bankruptcy swiftly ran out of money and slashed recoveries to even the most severely ill claimants. And asbestos cases continue to generate underfunding and inconsistent payouts . People have received vastly different recoveries depending on when they got sick. Concerns that asbestos trusts shortchanged people with severe injuries while potentially overcompensating others fueled several (ultimately unsuccessful) congressional efforts to move asbestos claims out of court systems altogether .

Recent non-asbestos cases reinforce that one cannot rely on organizations’ predictions of how and when injured people will be compensated. The opioid maker Mallinckrodt reduced the funding for opioid claimants by $1 billion in the year following the conclusion of negotiations and court approval of the company’s bankruptcy plan. The Boy Scouts of America predicted full compensation for survivors of child sex abuse when it sought approval of its Chapter 11 plan. Yet it was later made clear that survivors almost certainly will not recover at that level. To ensure the trust does not run out of money and shortchange later claimants, initial payouts to Boy Scouts survivors are set at just 1.5 percent of claim values ; claimants should collect more later, but no one can say how much more or when.

Any system that undercompensates for serious harm implicates more than claimants’ wallets. It undercuts a key objective of our justice system: deterring bad behavior.

Although bankruptcy advocates tend to focus on financial compensation, other issues are also at stake. Injured people in pursuit of accountability for organizational wrongdoing have found their diversion to the bankruptcy system frustrating and unfair , more business than justice . The perception of unfairness is especially strong in Texas two-step cases. Earlier this year, a bipartisan trio of senators and 24 states and the District of Columbia unsuccessfully implored the Supreme Court to override the Fourth Circuit decisions that enable profitable and thriving companies to keep personal injury claimants, some of whom are severely ill and dying, from pursuing their claims in other courts.

The Supreme Court’s examination of Purdue Pharma’s case also presents an opportunity to consider how expansive use of the national bankruptcy system can create tension with constitutional principles. For example, some experts worry that these cases insufficiently protect the due process of people who discover harm long after a bankruptcy case has changed their rights. Using bankruptcy to shift control away from claimants and halt lawsuits also has implications for federalism. Federal bankruptcy filings of dioceses and other organizations have impeded state initiatives, such as New York’s Child Victims Act, which reopened state courts to adult survivors of child sex abuse and included special procedures and trauma-related training.

Overall, these cases pose challenges bigger than the matter the Supreme Court must decide in Purdue Pharma. The looming question remains whether we the people may be at greater risk — monetarily, bodily, constitutionally — when a system designed for restructuring the debt of financially distressed companies is retrofitted for other policy problems.

Melissa B. Jacoby is a law professor at the University of North Carolina at Chapel Hill and the author of the forthcoming book “Unjust Debts: How Our Bankruptcy System Makes America More Unequal.”

The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips . And here’s our email: [email protected] .

Follow the New York Times Opinion section on Facebook , Instagram , TikTok , WhatsApp , X and Threads .

Ex-South Dakota mayor Jay Ostrem charged in triple homicide after alleged sexual assault of family member

T he former mayor of a South Dakota town is accused of murdering three people after becoming enraged over a neighbor allegedly sexually assaulting a family member.

Jay Edward Ostrem, 64, was arrested on Monday and is currently being held in Minnehaha County Jail on $1 million cash-only bond, according to the South Dakota Attorney General’s Office.

Ostrem was the mayor and city councilor of Centerville in 2010, KELO reported, citing previously filed lawsuits against the suspect.

The incident took place around 9:44 p.m. Monday night, when a “frantic” man called 911 and said that his relative had been fatally shot, court papers obtained by KELO said.

The caller claimed that the shooter was a man from across the street, and said the man had gone back into his home.

The man then said that he had also been shot, and stopped communicating with the dispatcher a short time later.

When police arrived at the scene, they witnessed Ostrem leaving his home, the papers explained.

The former mayor ignored the cops’ asking him to stop and continued walking away until a Game, Fish, and Parks officer who responded to the scene met up with him and demanded he get on the ground.

Ostrem complied, and told the officer he had a gun in his pocket, the court write-up noted.

When officers approached, they noticed that Ostrem had an AR-style rifle on the ground near him. He was also bleeding from his left hand and smelled of alcohol.

Officers then found a .380 handgun in Ostrem’s pocket, as well as spent shotgun shell casings and at least one spent rifle casing.

When the police entered the home where the 911 call was made from, they found three people dead from apparent gunshot wounds.

The investigators moved on to Ostrem’s house, where one of his adult family members told them that a neighbor had been at their home on Thursday night, while Ostrem was sleeping.

The family member claimed that she and the neighbor were drinking, and then he forcibly kissed her, exposed himself to her, and pressed himself against her, the court papers said.

The woman explained that she told Ostrem about the assault on Monday, and then “got up and went raging out of the house.”

Ostrem did not say anything as he left, and she did not know where he was going, the woman claimed.

She also said that she did not see Ostrem again until law enforcement arrived at the scene.

Ostrem was former law enforcement, and had weapons in the home and possibly in his car, the woman added.

The incident is now under investigation by the South Dakota’s Division of Criminal Investigation.

The three victims have not been publicly identified pending family notification, the Attorney General’s Office said.

“Jay Ostrem has been arrested and charged with three counts of First Degree Murder, and law enforcement has secured the scene,” said Attorney General Jackley. “There is no further threat to the public.”

File : Flag of Elektrostal (Moscow oblast).svg

File history, file usage on commons, file usage on other wikis.

Original file ‎ (SVG file, nominally 603 × 393 pixels, file size: 39 KB)

Structured data

Items portrayed in this file, copyright status, copyrighted, copyright license, creative commons attribution-sharealike 2.0 generic, creative commons attribution-sharealike 1.0 generic, gnu free documentation license, version 1.2 or later, creative commons attribution-sharealike 2.5 generic, creative commons attribution-sharealike 3.0 unported, source of file, original creation by uploader, 31 august 2007.

• SVG flags of cities and villages of Moscow Oblast
• Culture of Elektrostal
• License migration redundant
• CC-BY-SA-3.0,2.5,2.0,1.0
• Self-published work

Navigation menu

Yuzhnaya Tribuna

View prices for your travel dates

• Excellent 0
• Very Good 0
• English ( 0 )

Own or manage this property? Claim your listing for free to respond to reviews, update your profile and much more.

Yuzhnaya Tribuna - Reviews & Photos

• My View My View
• Following Following
• Saved Saved

Reactions to Donald Trump being found guilty in historic New York trial

• Medium Text

REPUBLICAN PRESIDENTIAL CANDIDATE TRUMP

Campaign of president joe biden and vice president kamala harris, ian sams, spokesperson for the white house counsel's office, house judiciary committee chairman jim jordan, republican of ohio, us representative jerry nadler, democrat and ranking member of the house judiciary committee, us representative eric swalwell, democrat of california, house republican conference chair elise stefanik of new york, potential vice presidential candidate, house majority leader steve scalise, republican of louisiana, us representative lauren boebert, republican of colorado, democratic senator chris murphy of connecticut, us senator rand paul, republican of kentucky, former trump national security adviser john bolton, now a trump critic, us representative matt gaetz, republican of florida, us representative marjorie taylor greene, republican of georgia, us senator rick scott, republican of florida and candidate to replace senator mitch mcconnell as minority leader, us senator lindsey graham, republican of south carolina, us representative ronny jackson, republican of texas and white house physician under trump, former maryland governor larry hogan, now running for the us senate, right-wing activist tim pool.

Sign up here.

Compiled by Jonathan Oatis; Editing by Daniel Wallis

Our Standards: The Thomson Reuters Trust Principles. New Tab , opens new tab

World Chevron

Gaza war: Hamas leader demands full end to conflict in blow to Biden plan

The leader of Hamas said on Wednesday the group would demand a permanent end to the war in Gaza and Israeli withdrawal as part of a ceasefire plan, dealing an apparent blow to a truce proposal touted last week by U.S. President Joe Biden.