Guide to procedures in Divisional Court appeals
Government of Ontario
Family-law appeals
An appeal asks an appellate court to review a decision for an appealable error; it is not a new trial and it is different from a motion to change based on later circumstances.
The correct appeal route in an Ontario family case depends on which court made the order, the type of order and the legislation that gives a right of appeal. Some family appeals go to the Superior Court, some to the Divisional Court and some to the Court of Appeal for Ontario. Child-protection appeals have their own statutory framework.
Appeal deadlines are usually short and are not the same as the timelines for a motion to change. An appeal is generally based on the existing record and alleged legal, factual or procedural error; new evidence is exceptional. The order being appealed, the appeal route and the applicable rules should be identified before preparing the notice of appeal.
What this source covers
Ontario provides a procedural guide for appeals in Divisional Court, including starting and perfecting an appeal.
For exact wording, dates, exceptions and current requirements, read the original source. Binding law and court directions take priority over explanatory material.
Open the official source ↗Related rules, forms and explanations
A Self-Help Guide: How to complete Form 35.1: Affidavit (decision-making responsibility, parenting time, contact)
Official Ontario family-law form or related court document: A Self-Help Guide: How to complete Form 35.1: Affidavit (decision-making responsibility, parenting time, contact). Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this family-law document as “A Self-Help Guide: How to complete Form 35.1: Affidavit (decision-making responsibility, parenting time, contact)”.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
Central East Region — Superior Court practice direction
The Central East regional practice direction contains local Superior Court procedures and family-court scheduling, filing or hearing requirements that apply in that region in addition to province-wide directions.
Central South Region — Superior Court practice direction
The Central South regional practice direction contains local Superior Court procedures and family-court scheduling, filing or hearing requirements that apply in that region in addition to province-wide directions.
Central West Region — Superior Court practice direction
The Central West regional practice direction contains local Superior Court procedures and family-court scheduling, filing or hearing requirements that apply in that region in addition to province-wide directions.
East Region — Superior Court practice direction
The East regional practice direction contains local Superior Court procedures and family-court scheduling, filing or hearing requirements that apply in that region in addition to province-wide directions.
Family Case Step-by-Step — Ontario Court of Justice
The OCJ step-by-step guide explains how a family case is started, answered and moved through the main procedural stages.
Family case: step-by-step
Current OCJ step-by-step family-case material covering opening a case, responding, document filing and related court procedure.
Key points
Use current forms
The OCJ directs parties to use the latest versions available from Ontario Court Services.
Use one filing method
The OCJ warns parties not to submit the same filing through more than one filing method.
A portal upload is not automatically a filed document
For the Ontario Courts Public Portal, the OCJ explains that court staff review an uploaded document and advise whether it has been accepted or rejected for filing.
Guided Pathways can help complete forms
The OCJ points self-represented users to CLEO Family Law Guided Pathways and Steps to Justice for form-completion and public legal education help.
First Appearance Court in Superior Court family cases
The Superior Court guide explains when a first appearance occurs, what the clerk reviews and how a case may move toward a conference.
Key points
A first appearance is an early procedural court date in cases where it applies
The Superior Court guide explains that the court clerk reviews the file and helps move the case toward the next required step.
The next step is often a conference
When the required documents are in place, the case will normally move toward a case conference before a judge or, at participating locations, a Dispute Resolution Officer.
Form 1: Guide to Fee Waiver Requests
Official Ontario family-law form or related court document: Guide to Fee Waiver Requests. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 1, “Guide to Fee Waiver Requests”.
Current official version
The current English version is version dated 2022-12-31 and effective 2022-12-31.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
Form 38: Notice of Appeal
Official Ontario family-law form or related court document: Notice of Appeal. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 38, “Notice of Appeal”.
Current official version
The current English version is version dated 2005-08-31 and effective 2006-04-30.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.