THE DIFFERENCE BETWEEN THE FAMILY DIVISION COURT OF ONTARIO COURTS OF JUSTICE VS. FAMILY COURTS UNDER THE SUPERIOR COURT OF JUSTICE.

by Shevas | Dec 21, 2022

Overview:

In Canada, both the federal and provincial governments have jurisdiction over family law:

The federal government presides over matters of marriage and divorce.
The provincial government has jurisdiction over the solemnization of marriage, property, and civil rights.

(Sections 91 and 92, Constitution Act, 1867 R.S.C. 1985, App II., No. 5.) Custody, child support, and spousal support generally fall within the ambit of provincial legislation. However, where those issues arise in connection with a divorce, there is the jurisdiction for them to be considered under federal legislation. The Divorce Act (Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.)) is federal legislation that governs divorce and corollary relief, including custody, child support, and spousal support for all of Canada’s provinces and territories. In Ontario, family law involves both federal and provincial legislation. As such, jurisdiction over family cases in Ontario is divided between the Superior Court of Justice and the Ontario Court of Justice. Under federal law, the Superior Court of Justice has sole jurisdiction in all cases involving divorce and property division, while under provincial law, child protection and adoption cases must be

heard in the Ontario Court of Justice. Both courts preside over child and spousal support cases and child custody and access cases.

Rules and Legislation:

In Ontario, three different courts deal with family law matters. These are the following:

Family Court Branch of the Superior Court of Justice
Superior Court of Justice
Ontario Court of Justice

In Ontario, O. Reg. 114/99: Family Law Rules under Courts of Justice Act, R.S.O. 1990, c. C.43 provides a complete guide to finding the correct court jurisdiction to initiate the case and further procedures. This rule applies to all three abovestated courts.

The Family Law Act (Family Law Act, R.S.O. 1990, c. F.3, as amended) (FLA), specifically Part

I, sets out the method by which property is to be divided following the breakdown of the marriage. Child and spousal support obligations are included in Part III of the FLA, while child custody is prescribed by the Children’s Law Reform Act, R.S.O. 1990, c. C.12, as amended (CLRA).

Every court jurisdiction deals with the specific family law issues provided under the rule. Before initiating the case, it is essential to know which court has jurisdiction to deal with the issue, and it depends on the issue in dispute and the location of the party in the province.

Furthermore, there is family law legislation that governs the case, which is as follows:

Child, Youth and Family Services Act
Children’s Law Reform Act
Family Law Act
Family Responsibility and Support Arrears Enforcement Act, 1996
Federal Divorce Act
Inter jurisdictional Support Orders Act, 2002.

Court Jurisdiction over family law issues:

The family branch of the Superior Court of Justice deals with all types of family law cases. When in any location there is an absence of a family branch of the Superior Court of Justice, in that situation, cases be heard in the Ontario Court of Justice or Superior Court of Justice.

The Superior Court of Justice hears family law cases that deal with: