Where to file?

[Berner_Faith]

The bf has started to fill out the application for divorce, the only outstanding issue is the matrimonial home... all custody/access and issues pertaining to the children have been agreed upon... once the SA is signed he would like to attach it to the application (is this allowed?)

Anyways, because all issues will be looked after once the SA is signed, can he file in our jurisdiction or does it still have to be filed where the children reside?

[Kenny]

Family Law Rule 5 (1) states:

"RULE 5: WHERE A CASE STARTS AND IS TO BE HEARD
WHERE CASE STARTS

5. (1) Subject to sections 21.8 and 21.11 of the Courts of Justice Act (territorial jurisdiction — Family Court), a case shall be started,

(a) in the municipality where a party resides;

(b) if the case deals with custody of or access to a child, in the municipality where the child ordinarily resides, except for cases described in,

(i) section 22 (jurisdiction of an Ontario court) of the Children’s Law Reform Act, and

(ii) subsection 48 (2) (place for child protection hearing) and subsection 150 (1) (place for adoption proceeding) of the Child and Family Services Act; or

(c) in a municipality chosen by all parties, but only with the court’s permission given in advance in that municipality. O. Reg. 114/99, r. 5 (1)."

So, where the child(ren) ordinarily reside. There is other information under Rule 5 you should read.

[Berner_Faith]

Thanks Kenny!

[Berner_Faith]

When filling out the application for divorce...if there is a signed SA, when the forms ask about "the details of the order being asked" can you simply put see attached SA or do you have to outline every section you wish to be an order?