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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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Old 02-25-2010, 06:45 PM
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Default Superior Court vs Family Court

What is the difference between the Superior Court and the Family Court? If you started in Superior Court can you switch to Family Court?

Background:
We started in Superior Court in 1994. It was explained that this was because we had property and child custody issues. He has taken me back to Superior Court three times since...every occassion was to dispute his child support arrears. Am I in the right court? or can I switch to Family Court? If yes, How?
He just served me papers for the fourth time on Feb 22 and I have 30 days to respond.

Any information is appreciated.
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Old 02-25-2010, 08:19 PM
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Superior Court is required if there are property issues. Child support, custody and access can be dealt with in Family Court.
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Old 02-25-2010, 08:22 PM
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Thanks for the clarification.
He has already registered the action with Superior Court. Can I make the switch? Or is it too late now that it's been started? How do I switch if it is possible?
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Old 02-25-2010, 08:35 PM
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Honestly you dont need to change more hassle than it is worth. But if you are having issues there you can possibly Lay claim for no Jurisdiction in your claim based on what Dinky face has stated as family court is intended to handle those issues. Part of the court confusion issues is that in 98 or so the Superior court took over hearing major issues such as property and actual divorce trials. Trials and the like are not heard in Family court. The Ontario Court/Family court still remains for these "minor" issues.
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Old 02-27-2010, 05:58 AM
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I have found the answer to my question through another forum. I must stay in Superior Court because the decision being varied was originally a Superior Court decision.

Thanks for all who offered input!
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Old 03-11-2010, 12:13 AM
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whats the forum?
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Old 03-11-2010, 02:08 AM
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I spoke with a lawyer
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