1. Pick the right court

You have a court order

You must go to the same level of court that made your court order.

There are three courts that deal with family law issues in Ontario. These are the:

• Ontario Court of Justice
• Family Court branch of the Superior Court of Justice
• Superior Court of Justice

So, if the Superior Court of Justice made the order, you must go back to a Superior Court of Justice in the jurisdiction that your child currently lives to change it.

You have a separation agreement

If you have a separation agreement filed with the court, you must bring your motion at a Family Court branch of the Superior Court of Justice or the Ontario Court of Justice. This is because you cannot file your agreement at other locations of the Superior Court of Justice.

If you need to file your separation agreement with the court:

1. Attach your most current separation agreement to a Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement.
2. File it online or in person at your local courthouse that is either the Ontario Court of Justice or the Family Court branch of the Superior Court of Justice. You cannot file a separation agreement at any other location of the Superior Court of Justice.

Family Law Guided Pathways: Form 26B

Fill out court form to file your domestic contract for enforcement