Self-Representing in Ontario Family Court as a Grandparent

Self-Representation Is Common and Expected

Ontario family courts see self-represented parties in the majority of cases. Judges, clerks, and duty counsel are accustomed to working with people who do not have a lawyer. The system is designed to accommodate you — it just requires more preparation on your end.

For grandparents seeking a decision-making responsibility order under the Children's Law Reform Act, the process is manageable as a self-represented applicant if you are organized, patient, and willing to learn the procedural steps. It is not easy, but it is not something that requires legal training either.

Step 1: Prepare Your Application Package

Your filing package must include:

• Form 8 (Application): States what legal orders you are seeking, names the respondents (every parent and any CAS currently supervising or providing protective services to the child), and summarizes the factual basis for your request
• Form 35.1 (Affidavit, Parts A and B): Your sworn statement covering the child's situation, your care history, your address history since turning 18 or becoming a parent, whichever happened first, and police record check details
• Police record check: Dated within 60 days of filing, or proof of request with the actual check filed within 10 days of receipt
• Form 35.1A: Required if the child or any party to the case has been involved in a child protection case or received services from a child protection agency

Fill out each form carefully. The court clerk will reject your filing if Form 35.1, Form 35.1A (when applicable), or the police record check or proof of request is missing — this is a hard rule under Rule 35.1(6), not a judgment call.

Use the current form versions (September 2021 editions). Download them from the Ontario Court Forms portal. Older versions using "custody" and "access" terminology will be rejected.

Step 2: File at the Courthouse

Bring your completed package to the courthouse counter in the municipality where the child habitually lives. You can also submit documents through Family Submissions Online (Justice Services Online) at many locations.

The court clerk will review your package for completeness. If everything is in order, they will issue your application — stamp it with a court seal, assign a file number, and date-stamp it. If something is missing, they will tell you what needs to be fixed before they can accept it.

Keep your issued copy. You will need it for service and for your continuing record.

Step 3: Serve the Application

Under Rule 6 of the Family Law Rules, you must serve your issued application on every respondent through "special service" — meaning an adult other than you must personally deliver it. This can be a professional process server, a friend or family member over 18, or anyone who is not a party to the case.

The person who serves the documents must complete an Affidavit of Service confirming when, where, and how they delivered the documents. This affidavit gets filed with the court as proof of service.

Service must be completed within six months of the application being issued.

Step 4: Build Your Continuing Record

The continuing record is an organized binder (physical or electronic) of every document filed in your case, in chronological order. Under the Family Law Rules, you are responsible for maintaining it.

Think of it as the case file. Every affidavit, motion, financial statement, endorsement, and order goes into the continuing record with a numbered tab. When you attend a conference or hearing, you bring the continuing record with you.

The court provides a table of contents form. Keep it updated as documents are added. Judges regularly flip through the continuing record during hearings — having it well-organized shows the court you are taking the process seriously.

Step 5: Attend Mandatory Steps

After filing, two things must happen before your case can advance:

Mandatory Information Program (MIP): A two-hour session covering court procedures, the impact of disputes on children, and mediation options. Register through the FLIC at your courthouse.

Case Conference: Your first meeting with a judge, where they review procedural compliance, identify the issues in dispute, and set a timetable for next steps.

Between filing and your first case conference, your police record check and CAS records search results should arrive. File them promptly — the judge will expect to see them.

Resources for Self-Represented Parties

Family Law Information Centre (FLIC): Free walk-in service at every family courthouse. Provides forms, guides, and access to advice lawyers.

Duty counsel: Free lawyers at the courthouse who assist self-represented parties on the day of hearings and conferences.

Steps to Justice (CLEO): A plain-language online platform with step-by-step guides to Ontario family law procedures.

Ministry of the Attorney General self-help guides: Specific guides for completing Form 35.1, including the non-parent checklist and pamphlet.

For a structured roadmap through the entire self-represented process — from police check to final order, with deadline trackers and filing checklists for each step — the Ontario Decision-Making Order toolkit is designed specifically for grandparents and relatives doing this without a lawyer.

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