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Posts from the ‘Jurisdiction’ Category

My spouse wants to move the divorce proceeding I started to a Court to another municipality closer to his home. How can I stop this change from happening?

According to the Family Law Rules, a case should be heard where a party resides, or, if child custody and access are at issue, where the child ordinarily resides. To move your divorce proceeding to a Court in a different municipality, your spouse is required to bring a motion before Court to obtain an Order. Your spouse must show it is substantially more convenient to deal with the case or step in the case in another municipality.

The threshold of showing the transfer will be “substantially more convenient” is quite high.... MORE »

Does it matter where I file for divorce?

An application for divorce, with or without a claim for property, must be filed at the Ontario Superior Court of Justice. All other family law applications can be filed at the Ontario Court of Justice. As long as you ensure you are filing your application at the right Court, you are free to choose a Court location on the basis of where you reside, or if your application includes child custody and access issues, where the child resides.

If your spouse contests your application for divorce, you will be required to... MORE »