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Where to File Motion or Updated Custody Agreement When Both Parents Have Moved

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  • Where to File Motion or Updated Custody Agreement When Both Parents Have Moved

    I'm the Applicant (Dad) in custody litigation and need help on which Ontario Family Court location to file either a motion to change or an updated agreement on consent to our Final Order issued in 5 years ago for S7.

    Both parties recently moved their residences from the jurisdiction where the Final Order was issued (where they both lived for the child's entire life until now). Neither party is objecting to the relocation of the other at this time.

    Parents have joint custody with Mom having primary physical custody. Mom and child now reside in the City of Toronto, and I have moved to York Region just north of Toronto.

    The Final order needs to be updated for new CS amount and several other clauses require updating to reflect the needs of co-parenting a school age child vs the toddler he was when the final order was issued.

    I would appreciate advice on whether I need to start at the Family Court Location that issued the Final Order, in Toronto where the child's primary residence is now, or where I live in York Region.

    Thank you to anyone can help clarify this for me.

  • #2
    Check out Rule 5 of the Family Law Rules.


    If there is anything related to custody or access in your case, it would need to be filed where the child ordinarily resides. In your case, that sounds like Toronto.


    If your case is just going to deal with child support or section 7 expenses, you can file either where you live or where Mum lives.


    The Ontario Government has a list of all the courthouses in the province, which you can browse via municipality -



    http://www.attorneygeneral.jus.gov.o...urt_Addresses/
    Ottawa Divorce

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    • #3
      As quoted in the recent Chase v Chase, York (Newmarket) is one of the busiest Family Law court in Canada. I believe Toronto has more resources and would have a faster turnaround. (Source: electronically filed a response to a 14b motion, took three weeks to be sent up in the basket, has been sitting in chambers over two weeks, and school starts next week - so much for getting this issue resolved before the school year).

      Since the child is a resident of Toronto, and York is so under-resourced, you should probably choose Toronto.

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      • #4
        Thank you Jeff and Tilt for the advice. I will definitely look at filing in Toronto given the backlog created by COVID and York being under resourced.

        Thankfully there is nothing that needs to be urgently addressed in the updated agreement for S7 to start school full time the week of Sep 15th as per the TDSB.

        YD23

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