What is a Case Conference in Family Court? A Simple Guide
If you’re going through a family law case in Ontario, one of the first steps is something called a case conference. This is not a trial, but an important meeting where both sides come together with a judge to talk through the issues in the case. It may feel intimidating, especially if you’ve never been to court before, but its main purpose is to encourage cooperation and help resolve matters early without needing a full trial.
What Is a Case Conference?
A case conference is a required court step in most family law cases. It usually happens before anything else unless there’s an urgent issue. Both parties, their lawyers (if they have them), and a judge attend.
This conference is informal, but it is still a serious and essential part of the court process.
Why Is It Important?
Case conferences serve several purposes:
- To encourage settlement before things escalate.
- To identify the issues in dispute and those that are not.
- To plan next steps, like timelines, disclosure (sharing of documents), or setting court dates.
- To receive a judge’s early opinion on the case, which can help both sides better understand their strengths and weaknesses.
You cannot bring a motion on substantive issues (like custody, access, or support) until you’ve had a case conference. A motion is a formal court request for a judge to make an order on a specific issue. You must complete a case conference first, unless there is an urgent situation or the case is a child protection or international child abduction matter. So, even if you’re eager to take action in your case, you generally must wait until the case conference is done.
What Should I Expect?
Each side submits a brief summary (called a Case Conference Brief) explaining what they want and why. The conference typically lasts between 30 minutes to an hour. The judge might give feedback, help narrow down the issues, or suggest a plan for moving forward. Sometimes the judge can make temporary or procedural orders, but only in limited situations. These situations might include setting deadlines for financial disclosure or setting future court dates.
The tone of the case conference is collaborative, not confrontational. It is a chance to find solutions without needing a full trial.
What If Nothing Gets Resolved?
Even if a full agreement isn’t reached, the conference still plays a critical role. Some times, individual issues can be resolved, at least on a temporary basis. It also helps streamline the case and makes future steps (like motions or trials) more efficient. In some cases, the judge may schedule a second conference if more information or documents are needed.
How HCLS Can Help
Home Counsel Legal Services (HCLS) can help you navigate case conferences from guiding you through what to expect, to helping you prepare your documents, and advocating for your goals. The case conference may seem informal, but it’s a crucial moment in your case. We’ll help make sure you’re ready.
This blog post was authored by Matthew Patten, Student-at-law with HCLS.
