Toronto has two family courts. The Superior Court of Justice, at 361 University Avenue, hears divorces and property claims. The Ontario Court of Justice, at 47 Sheppard Avenue East and 311 Jarvis Street, hears child support, Family Law Act spousal support and parenting cases. Which court and which courthouse you use depends on what you are asking for and, for new Ontario Court of Justice cases, where you live.
How family law works in Toronto, step by step
Trevor Smith Family Law is a Toronto family law firm with its office at 401 Bay Street, 16th Floor. We focus on the three areas most families need after a separation. The first is property division. The second is child and spousal support. The third is parenting arrangements. This guide explains how those issues are handled in Toronto's courts and offices, and links to our detailed answers to the questions clients ask most. You can also see all of our family law practice areas on one page.
Most Toronto family matters follow the same broad path:
- Separation and information. Families start by understanding their rights. Free Family Law Information Centres provide information about separation, divorce and court processes, and refer people to court-connected mediation.
- Negotiation or mediation. Many cases settle in a written separation agreement without a court application. Our page on how property is divided explains the property side. The support side is covered in how child support is calculated.
- Choosing the court. If a court case is needed, the claims decide the court. A divorce, an equalization claim or a matrimonial home claim must go to the Superior Court of Justice. Support and parenting claims under Ontario law can go to the Ontario Court of Justice.
- Filing. Since October 14, 2025, Toronto Superior Court family filings go through the Ontario Courts Public Portal. New Ontario Court of Justice family cases are filed at 47 Sheppard or 311 Jarvis according to your provincial electoral district, under the court's practice direction for Toronto family courthouses.
- The first conference. Under the Family Law Rules, a case conference on the substantive issues usually comes before any contested motion, unless there is urgency or hardship. Our page on support before the case is decided explains the exceptions.
- Settlement or trial. Most cases resolve by agreement at some stage. Those that do not go on to settlement conferences and, eventually, trial.
Toronto family courts and offices at a glance
| Office | Address | What it does for families |
|---|---|---|
| Superior Court of Justice, Criminal and Family Courthouse | 361 University Avenue, M5G 1T3 | Divorce, property, matrimonial home, and support and parenting claims made with them |
| Ontario Court of Justice family courthouse | 47 Sheppard Avenue East, M2N 5N1 | Support and parenting cases for listed electoral districts, and cases started before September 1, 2024 |
| Ontario Court of Justice family courthouse | 311 Jarvis Street, M5B 2C4 | Support and parenting cases for listed electoral districts from September 1, 2024 |
| Superior Court enforcement office | 393 University Avenue, 6th Floor, M5G 1E6 | Writs and court finance |
| Office of the Children's Lawyer | 393 University Avenue, 14th Floor, M5G 1E6 | Lawyers and clinicians for children in parenting cases, when the court asks |
| Family Responsibility Office | Provincial program; Toronto telephone 416-326-1817 | Collects and enforces support orders |
Each courthouse page has more detail. Our page on the Superior Court of Justice family court in Toronto covers 361 University Avenue. Our page on the Ontario Court of Justice family courts in Toronto covers 47 Sheppard and 311 Jarvis.
Which Toronto court hears which case
The dividing line comes from the statutes. The Divorce Act names the Superior Court of Justice as the court for Ontario, so every divorce is heard there. The property and matrimonial home parts of Ontario's Family Law Act exclude the Ontario Court of Justice, so equalization and matrimonial home claims, including who keeps the matrimonial home, belong in the Superior Court. The Ontario Court of Justice can hear child support, spousal support under the Family Law Act (without lump sums and some other orders), and parenting claims under the Children's Law Reform Act.
When a case combines issues, the Superior Court can hear them together. A parent who needs both a parenting order and an equalization payment will usually start there. A parent who needs only child support and a parenting schedule can start in the Ontario Court of Justice, at the courthouse assigned to their district.
What changes the answer
- Married or not. Married spouses can claim equalization and divorce in the Superior Court. Unmarried partners have no equalization claim but may claim support; see who is entitled to spousal support.
- Your postal code. It decides 47 Sheppard or 311 Jarvis for a new Ontario Court of Justice case.
- Children. Parenting cases are decided on the child's best interests; see how courts decide a child's best interests. The terms are explained in what decision-making responsibility and parenting time mean.
- Urgency. Urgent issues can be raised early, including through the Superior Court's Monday morning To Be Spoken To appointments.
- Disclosure. Financial disclosure drives support and property outcomes in both courts; see financial disclosure in a property case.
- Enforcement. Once a support order is made, the Family Responsibility Office enforces it; see what happens if support is not paid.
- The child's voice. The Office of the Children's Lawyer, based in Toronto, can provide a lawyer or clinician when the court asks; see whether a child gets a say.
A worked example
For example, imagine two Toronto families. In the first, married spouses with a jointly owned house separate. They need a divorce, an equalization payment and a decision about the house, so any court case belongs in the Superior Court at 361 University Avenue, filed through the Ontario Courts Public Portal. In the second, unmarried parents with a young child need child support and a parenting schedule, with no property dispute. The parent starting the case looks up their electoral district, finds it is assigned to 311 Jarvis, and files there in the Ontario Court of Justice. Both families would attend the Mandatory Information Program and a first case conference. These examples are hypothetical.
Common mistakes Toronto families make
- Starting in the wrong court. A divorce or property claim cannot be started in the Ontario Court of Justice.
- Filing at the wrong Ontario Court of Justice courthouse. New cases follow electoral districts.
- Missing a deadline. Equalization claims have limitation periods; see the deadline to claim equalization.
- Going to court without trying to settle. Conferences and mediation resolve many cases faster and at lower cost.
- Arriving without disclosure. Tax returns and financial statements are needed early in both courts.
- Waiting too long for support. Interim support is available while a case is underway.
What to do this week
- List the issues you need resolved: divorce, property, the home, support, parenting.
- Use that list to identify the right court, and for the Ontario Court of Justice, check your electoral district.
- Gather three years of tax returns and notices of assessment.
- Write a short timeline: when you began living together, married, separated, and the children's ages.
- Note any urgent issue, such as housing, safety or money for essentials.
- Book a free consultation with us at our Bay Street office or by phone.
Questions Toronto families ask
Every page below explains Ontario law as it applies in Toronto, with the official sources listed at the end of each page.
Property and the family home
- How is property divided when a marriage ends in Ontario?
- How do you calculate net family property in Ontario?
- What is the valuation date in an Ontario property division?
- What property is excluded from equalization in Ontario?
- Who keeps the matrimonial home after separation in Ontario?
- Can I get exclusive possession of the matrimonial home in Ontario?
- Can my spouse sell or mortgage our home without my consent in Ontario?
- How are pensions divided on separation in Ontario?
- What is the deadline to claim equalization in Ontario?
- How are debts handled when property is divided in Ontario?
- What happens to a business owned by one spouse in an Ontario separation?
- When can an Ontario court divide property unequally?
- What financial disclosure is required in an Ontario property case?
- What is an unjust enrichment claim for common-law partners in Ontario?
- When can a marriage contract or separation agreement be set aside in Ontario?
- What happens to property division if a spouse dies in Ontario?
- What drives the cost of a property division case in Ontario?
Child and spousal support
- How is child support calculated in Ontario?
- What are special or extraordinary expenses in Ontario child support?
- How does child support work with shared parenting in Ontario?
- What counts as income for support, and when can income be imputed?
- Does child support end at 18 in Ontario?
- Can I claim retroactive child support in Ontario?
- What happens if support is not paid in Ontario?
- Can child support be reduced for undue hardship in Ontario?
- Do parents have to share income updates every year for child support?
- Who is entitled to spousal support in Ontario?
- How is the amount of spousal support worked out in Ontario?
- How long does spousal support last in Ontario?
- Can a common-law partner get spousal support in Ontario?
- Can spousal support be changed or ended in Ontario?
- Is child or spousal support taxable in Canada?
- Can I get support before my family case is decided in Ontario?
Parenting, decision-making and contact
- What do decision-making responsibility and parenting time mean in Ontario?
- How do Ontario courts decide what is in a child's best interests?
- Can I move with my child after separation in Ontario?
- Do I need the other parent's consent to travel with my child?
- Does my child get a say in a parenting case in Ontario?
- What can I do if the other parent does not follow a parenting order in Ontario?
- Can grandparents ask for contact with a grandchild in Ontario?
Frequently asked questions
Is there a Unified Family Court in Toronto?
Toronto family cases are divided between the Superior Court of Justice at 361 University Avenue and the Ontario Court of Justice at 47 Sheppard Avenue East and 311 Jarvis Street, as the Ontario court locations listing shows. Which one you use depends on your claims.
Do I have to go to court to separate?
No. Separation does not require a court order. Many Toronto families settle everything in a written separation agreement. Our article on separation versus divorce in Ontario explains the difference.
Can I meet the firm in person?
Our office is at 401 Bay Street, 16th Floor, Toronto. Contact us to book a free consultation.
Does the firm take clients outside Toronto?
We accept clients who live in Ontario, or who have a spouse, child or real estate in Ontario involved in a family law dispute.
How do I find my electoral district?
The Ontario Court of Justice practice direction points to the Elections Ontario postal code look-up. Enter your postal code there, then check which Toronto courthouse the direction assigns to that district.
Is there free legal help at the courthouse?
Legal Aid Ontario duty counsel are available at courthouses on the day of a family proceeding to give advice, and Family Law Information Centres provide free information, according to the Ontario government.
Sources
- Government of Ontario, Court locations: 361 University, Toronto
- Government of Ontario, Court locations: 47 Sheppard, Toronto
- Government of Ontario, Court locations: 311 Jarvis, Toronto
- Government of Ontario, Court locations: 393 University, Toronto
- Ontario Court of Justice, Practice Direction on family cases at 47 Sheppard and 311 Jarvis (June 2024)
- Superior Court of Justice, Consolidated Practice Direction for the Toronto Region
- Family Law Act, R.S.O. 1990, c. F.3 (ss. 4(1), 17, 34(2))
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) (s. 2)
- Government of Ontario, Office of the Children's Lawyer
- Government of Ontario, Enforcing child and spousal support payments
- Government of Ontario, Family Law Information Centres
