Changing courts

[tugofwar]

Is there a way to possibly change the location of court (even during court proceedings) and under what circumstances would apply to do so?

[BitHunter]

Yes. I don't know the exact procedure, but I almost had to do that. E.g. the Ontario Court of Justice doesn't deal with financial claims. The application by my ex was filed there then it turned out in my answer that there is a financial problem, so when I tried to file the answer I was told that I had to file it at the other court. Fortunately that financial problem was solved so I was able to file the modified answer with the same court.

[tugofwar]

Just to clarify, I meant different cities not different types of court.

[dadtotheend]

Family law matters are heard in the jurisdiction where the children live. I don't know whether that rule can be circumvented.

[billiechic]

Ex's counsel argued that because we lived in Barrie prior to separation that court should be in Barrie. However, papers were filed when I had been living in Brampton for 4 months already. At time of filing ex told me he live with his mother in another town, but then told court he lived in Barrie with another family member. Duty counsel told me to file in Brampton, as it was certain that was where child was living and unclear where she lived when with her dad.

Judge gave him the ok to move to a different court, but he never bothered. So it's possible to move it, but you have to have good reason. it should be the court closest to the child's home though.