What to expect at the Newmarket family court (York Region's unified family court)

The Newmarket Courthouse at 50 Eagle Street West is where every York Region family case is heard. It is a location of the Family Court Branch of the Superior Court of Justice, so one court deals with divorce, property, parenting, support and child protection. Your case is put on a "fast track" or a "standard track" depending on what you claim, and that decides whether you get a court date the day you file.

This page covers what is particular to this courthouse and to the Family Court's rules. If you are still working out whether your case belongs in Newmarket or in Toronto, start with our guide to how York Region family cases work.

Fast track or standard track: which is your case?

Rule 39 of the Family Law Rules applies only in the Family Court, and it sorts cases into two tracks:

On both tracks, the case management judge supervises the case's progress, conducts the case and settlement conferences, and can call a conference on their own initiative. Time limits under rule 39 can be lengthened only by the case management judge's order, not by the parties agreeing.

How do you prepare for the first conference?

Whichever track you are on, the first substantive event is usually a case conference before the case management judge. Each party must serve and file a case conference brief: the party who asked for the conference at least six days before it, and the other party at least four days before (Family Law Rules, r. 17(13) and (13.1)). The conference is meant to explore settlement, identify the issues in dispute, make sure financial information is disclosed and set a timetable (r. 17(4)).

For families with assets or income in Iran, disclosure is often the slow part. Bank statements, title documents and rental records from Iran may need translation and time to obtain, so starting early helps the first conference deal with the real issues rather than missing paperwork. Our guide to which financial statement to file lists the documents to attach.

What deadlines does the Family Court enforce?

• Mandatory Information Program. In most parenting, property and support cases, each party must attend within 45 days after the case starts (rule 8.1).
• Answer. The respondent has 30 days after service to serve and file an answer, or 60 days if served outside Canada or the United States (rule 10).
• 365 days. If the case is not settled, withdrawn or scheduled for trial by its 365th day, the clerk serves a notice of approaching dismissal. Unless a party acts within 60 days after that notice, for example by arranging a conference for the first available date or getting a longer timetable from the court, the case is dismissed without further notice (rule 39(11) and (12)).

Our page on the deadlines in an Ontario family case collects the limitation periods that apply before a case is even started.

Do you pay court fees in Newmarket?

It depends on the claim. Because the Family Court is part of the Superior Court, some steps carry a court fee. But no fee is payable for filing an application, filing an answer or placing an application on the list for hearing in proceedings under the Children's Law Reform Act, the Family Law Act (except its property and matrimonial home parts), the support enforcement and interjurisdictional support statutes, or to proceedings that enforce a parenting, contact or support order (O. Reg. 417/95, s. 2). So it is mainly a divorce, or a property or matrimonial home claim, that attracts those filing fees. If you cannot afford them, you can apply for a fee waiver, and there is no cost to apply. Our guide to what a family case costs lists each fee and what else drives the cost.

What help is available at the courthouse?

If supervised parenting time is likely to be part of your order, our page on how supervised parenting time works explains what a court can require. Victims of domestic violence can also get help preparing for family court through Ontario's Family Court Support Worker program; the 24/7 Victim Support Line is 1-888-579-2888.

Is anything else decided in Newmarket's Family Court?

Yes. Because York Region is a Family Court area, an appeal of a family arbitration award in a York Region case goes to the Family Court (Arbitration Act, 1991, s. 45(6)), and a party can apply to the Family Court to enforce an award (Family Law Act, s. 59.8). If arbitration is on the table, read whether a family arbitration award is binding in Ontario. For what follows the first appearance, our step-by-step guide to what happens after you start a family case applies here too, with the Family Court in place of the two Toronto courts.

What changes the answer?

• Where the children habitually live. A parenting case starts in that municipality (Family Law Rules, r. 5(1)(b)). Children living in Vaughan, Markham or Richmond Hill bring the case to Newmarket; children living in North York take it to Toronto, as our guide for Toronto families explains.
• The claims in the application. A divorce, property or arbitration claim puts the case on the standard track; most other cases are fast track (rule 39(4) and (7)). The same claims decide whether filing fees apply.
• A transfer. If a case started in Toronto and the family moves to York Region, the court can transfer it on a motion where that is substantially more convenient (r. 5(8)).
• Urgency. If there is immediate danger that a child may be removed from Ontario, a case may start anywhere for an urgent motion and then be transferred (r. 5(2)). For travel concerns involving Iran, read whether a parent can take a child abroad without consent.
• A spouse abroad. Service outside Canada or the United States gives the respondent 60 days to answer (r. 10), which pushes back the first steps.
• Language. French services are available at the Newmarket counter and by phone. Interpretation in Persian or another language is provided in family court if you qualify for a fee waiver or the court orders it.

A worked example

For example, imagine a couple in Thornhill, on the Vaughan side, who married in Iran with a mahr written into their marriage contract. After they separate, the wife wants a divorce, child support for their daughter, an equalization of property and payment of the mahr. She files one application at the Newmarket Courthouse with all four claims. Because it includes a divorce and property, it goes on the standard track: the clerk does not set a court date, so her lawyer asks the clerk to schedule a case conference, and a case management judge is assigned.

Both spouses attend the Mandatory Information Program within 45 days. Each serves a financial statement, including information about an apartment in Tehran. At the case conference, the judge identifies the mahr and the Tehran property as the issues in dispute and sets a timetable; the parenting and support issues settle through on-site mediation. This is a hypothetical walk-through of the process, not a prediction of any result. How courts treat the mahr is explained in whether a mahr (mehrieh) is enforceable in Ontario.

What mistakes do people make in Newmarket?

1. Going to the Richmond Hill or Markham court office for a family matter; only Newmarket handles family cases in York Region.
2. Waiting for a court date on the standard track. None is set at filing; a party must schedule a case conference or motion.
3. Ignoring the notice of approaching dismissal. The case is dismissed without further notice if no one acts within 60 days.
4. Agreeing between yourselves to extend rule 39 deadlines. Only the case management judge can lengthen them.
5. Filing an untranslated Iranian marriage certificate with a divorce application; a certified translation is required.
6. Assuming every step costs a fee. Many parenting and support filings are fee-free, and fee waivers exist for the rest.

What to do this week

1. Confirm the children's habitual residence and that it is in York Region.
2. List every claim so you know which track your case will be on.
3. If a divorce is part of it, arrange a certified translation of any Persian marriage certificate.
4. Gather income documents and property records, including property in Iran, for your financial statement.
5. Save the Newmarket contacts above and check the counter hours before you go.
6. If you have just separated, work through our first-week separation checklist.

Frequently asked questions

Can I file a divorce at the Richmond Hill courthouse?

No. The ministry lists the Richmond Hill Courthouse for small claims only. York Region family cases, including divorces, are heard at the Newmarket Courthouse.

Will I see the same judge throughout?

Rule 39 assigns a case management judge who supervises the case and conducts the case and settlement conferences. If that judge becomes unavailable, another case management judge may be assigned (rule 39(10)).

Is a Persian interpreter provided in Newmarket family court?

Only if you qualify for a fee waiver or the court orders it; French interpretation is provided in all family matters. Raise interpretation needs with the court office well before your date.

Is Brampton also a unified family court?

No. Brampton is not on Ontario's list of Family Court Branch locations, so Peel families use the Superior Court and the Ontario Court of Justice; see what to expect at the Brampton courthouse.

Where do I get my divorce certificate after a Newmarket divorce?

The ministry says to request it from the court location where the case started. See how to get a divorce certificate in Ontario for when the divorce takes effect.

Is there free legal help at the courthouse?

Legal Aid Ontario family duty counsel work at the Newmarket Courthouse (905-967-0921). The Community Clinic of York Region in Richmond Hill also lists family law among its services.

What if my case is dismissed by the clerk?

The case management judge or another judge may, on motion, set aside a clerk's dismissal order under rule 39(14.1). Acting within the 60-day window avoids the problem.

Sarbazevatan Law works with families from Richmond Hill and Thornhill, as well as Toronto, from our office at 5000 Yonge Street, Toronto. Consultations are available in English, Persian (Farsi) and French. Call +1 (416) 628-2041 or reach us through the contact page.