In Ontario, a Form 8 Application is the primary legal document used to start a family law court case for child support and parenting time. Under Ontario regulations, filing this application is completely free ($0 CAD) when the claims are limited to child support and parenting issues.
Understanding the Form 8 Application in Ontario Family Law
When a relationship breaks down and you cannot agree on how to care for your children, you may need the court’s help to establish clear rules. 📍 In Ontario, starting this legal process means you must file a “Form 8: Application (General).” It is important to know that under modern Canadian family law, we no longer use the term “custody.” Instead, the courts use the terms decision-making responsibility (who makes major choices about health, education, and religion) and parenting time (the schedule of when the child is with each parent).
Filing an Application is a serious legal step that sets the tone for your entire case. Whether you are navigating the family court system in Toronto, Ottawa, or a smaller region like Thunder Bay, the forms and rules remain exactly the same. Because family law is highly procedural, it is strongly recommended to hire a local Ontario family lawyer from our directory to ensure your Form 8 is drafted accurately and effectively.
Step-by-Step Process to File an Application in Ontario
Starting a family court case is not just about handing in one piece of paper. 📄 You must prepare a “continuing record” and follow a strict sequence of steps governed by the Family Law Rules.
Step 1: Identifying the Correct Courthouse
Before you fill out any forms, you must know where to file them. In Ontario, your case must be started in the municipality where the child habitually resides. Under the Family Law Rules, determining habitual residence is based on where the child is socially integrated and settled, rather than a rigid calendar count of months. Depending on your region, you will file at either the Superior Court of Justice, the Family Court branch, or the Ontario Court of Justice. A lawyer can help you determine the correct venue, as filing in the wrong court will cause delays.
Step 2: Drafting the Form 8 Application
The Form 8 is where you tell the judge exactly what you are asking for. You will check off boxes for child support, parenting time, and decision-making responsibility. You must clearly outline the facts of your relationship, the names and birthdates of your children, and the specific orders you want the judge to make. Keep your explanations factual, clear, and free of unnecessary emotional attacks against your ex-partner.
Step 3: Completing Form 35.1 (Parenting Affidavit)
If you are asking for parenting time or decision-making responsibility, you must also complete a Form 35.1: Affidavit (Decision-making Responsibility, Parenting Time, Contact). ⚖️ This sworn document asks detailed questions about your criminal record, any history of involvement with the Children’s Aid Society (CAS), and your proposed parenting plan. You must swear an oath that this information is completely true.
Step 4: Completing Form 13 (Financial Statement)
Whenever child support is involved, full financial disclosure is mandatory. You must complete a Form 13 Financial Statement (or Form 13.1 if you are also dealing with property division). You will need to attach your last three years of Notices of Assessment from the CRA, along with your most recent pay stubs, to prove your current income.
Step 5: Issuing at the Court and Serving the Respondent
Once all documents are signed and sworn, you will take them to the court clerk (or file them online via the Justice Services Online portal) to be “issued.” The clerk will stamp the documents and give you a court file number. Finally, you must arrange for “special service” of these documents on your ex-partner (the Respondent). You cannot serve them yourself; you must use a third party, like a professional process server or a trusted friend.
How Much Does it Cost in Ontario?
Navigating family court can be an expensive journey. As of June 2026, here are the typical costs you should expect when starting an Application in Ontario:
| Court Filing Fees | Issuing a Form 8 Application for support and parenting time is completely free ($0 CAD). (If the application is later amended to include divorce or property claims, a $224 CAD fee applies). |
| Process Server | Hiring a professional to hand-deliver the documents to your ex-partner usually costs between $100 CAD and $250 CAD. |
| Lawyer Retainer | Most family lawyers require an upfront retainer of $3,500 CAD to $7,500 CAD to draft the initial Application and handle the first court appearances. |
How Long Does the Process Take?
Once your ex-partner is served with the Form 8, they have exactly 30 days to file a Response (Form 10). 🕑 If they live outside of Canada or the USA, they have 60 days. After the Response is filed, you will attend a mandatory First Appearance and a Case Conference. Reaching a final trial or a final settlement usually takes anywhere from 8 months to over 2 years, depending on how heavily backlogged your local courthouse is.
Frequently Asked Questions (FAQ)
What happens if my ex ignores the Form 8 Application?
If the Respondent fails to file a Form 10 within 30 days, they can be noted in default. This means the judge may proceed without them and grant the orders you requested based solely on your evidence.
Do I have to go to trial?
No. The vast majority of family law cases in Ontario settle out of court. The Form 8 is just the starting point; you can sign a settlement agreement or Minutes of Settlement at any time during the process.
Can I ask for spousal support on a Form 8?
Yes. The Form 8 Application allows you to claim multiple things at once, including child support, spousal support, parenting time, and the equalization of net family property.
Why is it called decision-making responsibility now?
In 2021, the Divorce Act and the Children’s Law Reform Act were updated to remove the term “custody.” The goal was to shift the focus away from parents “owning” their children and towards a child-focused approach regarding who makes important life decisions.
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