Ontario Family Court Hearing: What to Expect as a Grandparent Applicant

A Contested Case Moves Through Stages

When parents do not consent to a grandparent's or relative's application for decision-making responsibility, the case goes through Ontario's mandatory case management pathway. Each stage has a specific purpose, and knowing what happens at each one reduces the anxiety of walking into a courtroom for the first time.

The sequence, governed by Rule 17 of the Family Law Rules, moves from less formal to more formal: case conference, settlement conference, trial management conference, and finally trial. Most cases resolve before trial.

The Case Conference

The case conference is an early judicial conference in the case-management process. In the standard sequence, the first court date and the Mandatory Information Program (MIP) come before it. It is not a trial on the final merits, though the judge can make certain orders or give directions at a conference.

What happens:

• A judge reviews the filed materials to confirm procedural compliance — is Form 35.1 complete, are the police record checks filed, have CAS records searches been transmitted?
• Both sides outline their positions briefly
• The judge explores whether settlement is possible
• Timetables are set for any outstanding steps — interim motions, OCL appointments, further evidence
• The judge may suggest mediation if it has not been tried

What to bring:

• Your filed application materials (Form 8, Form 35.1)
• A brief summary of what you are asking for and why (the judge has read your materials, but a concise verbal summary helps)
• A list of any outstanding procedural steps
• Questions about timelines and next steps

The case conference is relatively informal compared to a trial. The judge speaks directly to the parties, asks questions, and tries to identify what is actually in dispute versus what can be agreed on. If you are self-representing, the judge will typically explain what is happening at each step.

Interim Motions and Temporary Orders

Either party can bring a motion asking for temporary orders that stay in place until the final decision. In most cases, a substantive case conference must take place before a motion for a temporary order; exceptions include urgency, hardship, or where the court finds a conference is not required in the interests of justice. For grandparents, an interim motion might request:

• Temporary decision-making responsibility — while the full case is pending, the court grants you interim authority so you can enroll the child in school or consent to medical treatment
• Temporary parenting time or contact — a schedule that governs the child's living arrangements while the case proceeds
• Temporary restraining provisions — preventing a parent from removing the child from your care or from the jurisdiction

You generally file a Notice of Motion (Form 14) and supporting affidavit (Form 14A) for a motion for a temporary order. Form 14B is generally used for a motion on consent for a procedural order. Follow the current court instructions for the motion you are bringing.

The standard for an interim order is not "who wins the case." The judge considers the child's best interests, the status quo, and whether delaying a decision would cause harm. A judge may preserve an existing arrangement pending a final decision when the evidence and the child's best interests support it.

The Settlement Conference

The settlement conference is the court's serious push toward resolution. The atmosphere shifts from procedural housekeeping to substantive negotiation.

What happens:

• Each party submits a detailed settlement proposal before the conference
• The judge reviews both proposals and the evidence filed to date
• The judge provides a non-binding opinion on the likely outcome at trial — this is not a decision, but an experienced judicial perspective on who would likely succeed
• The parties negotiate with the benefit of that opinion

The judge's non-binding opinion is often the turning point. When a parent hears a judge say that the grandparent's application appears strong on the evidence filed, the incentive to negotiate increases significantly. Many cases settle at or shortly after the settlement conference.

If settlement fails, the judge schedules a trial management conference.

Trial Management Conference

This is the final pre-trial step. It focuses on logistics:

• Witness lists and estimated testimony times
• Exhibits to be entered
• Legal issues to be decided
• Time allocation for the trial itself

By this stage, the positions are clear and the evidence is assembled. The trial management conference ensures the trial runs efficiently.

Trial

A trial is a formal hearing where both sides present evidence, call witnesses, and make legal arguments. The judge hears everything and issues a final decision.

For a grandparent's decision-making responsibility application, the trial focuses on the best interests of the child under section 24(3) of the CLRA. You present evidence supporting your application — your care history, the child's needs, the stability you provide. The respondent parent presents their case. The judge weighs all factors and makes a determination.

Trials are stressful, time-consuming, and expensive if you have a lawyer. They are also relatively rare in non-parent applications — most cases resolve at or before the settlement conference. But if trial is necessary, thorough preparation through the earlier stages means your evidence is organized and your position is clear.

Practical Tips for Every Appearance

• Arrive early. Family court schedules are busy, and finding the right courtroom takes time.
• Dress respectfully. Business casual is appropriate. No hats, no casual wear.
• Bring organized copies. Have your filed materials, any new evidence, and notes organized in a folder or binder. Judges notice when parties are prepared.
• Address the judge properly. "Your Honour" in the Ontario Court of Justice, "Your Honour" or "Justice [name]" in the Superior Court.
• Stay calm. The process is adversarial on paper, but judges in family court are accustomed to emotional cases. Speak clearly, stick to facts, and let your evidence do the work.

Preparing for Each Stage

The Ontario decision-making order toolkit includes a case conference preparation worksheet and a hearing checklist that walks through what to bring and what to expect at each stage of the court process.

See more Ontario guides →