Family lawyer for Richmond Hill, Thornhill, Vaughan, Markham and Newmarket: how York Region family cases work

Every family case in York Region goes to one courthouse: the Newmarket Courthouse at 50 Eagle Street West. Newmarket is a location of the Family Court Branch of the Superior Court of Justice, the only court in Ontario that can hear every kind of family case, so divorce, property, parenting, support and child protection are decided in the same court. The courthouses in Richmond Hill and Markham handle small claims, not family law.

That is a real difference from Toronto, where the same family can deal with two courts in different buildings. This page sets out what is specific to York Region, from the courthouse to mediation, legal aid and supervised access, and the questions families here ask most, including questions particular to Persian-speaking and Iranian-Canadian families. Sarbazevatan Law's office is at 5000 Yonge Street in Toronto, and we work with families from Richmond Hill and Thornhill as well as Toronto. For our practice areas, see our services.

Where is the family court for York Region?

The Newmarket court offices are open Monday to Friday, 8:30 a.m. to 5:00 p.m., with counter service from 9 to 11 a.m. and 2 to 4 p.m. French-language services are available at the counter and by phone. York Region is made up of nine municipalities, including Richmond Hill, Vaughan, Markham, Aurora and Newmarket, and all of them are served by this one family court. For a closer look at the courthouse, read what to expect at the Newmarket family court.

How does a York Region family case move, step by step?

Because the Family Court can hear everything, you do not have to choose between two courts, and parenting and support travel with a divorce in one file. The general steps after filing are explained in what happens after you start a family case; in Newmarket they happen in the one Family Court, under rule 39 instead of the Toronto rules.

What changes the answer?

• Where the children live. A case about decision-making responsibility, parenting time or contact starts where the child habitually lives (Family Law Rules, r. 5). If you have moved to Richmond Hill but the children live with the other parent in Toronto, a parenting case belongs in Toronto, and our guide for Toronto families applies instead.
• An emergency. If there is a risk that a child will be taken out of Ontario, or a danger to someone's safety, a case may start anywhere for an urgent motion and is then transferred (r. 5).
• What you claim. In the Family Court, no fee is payable to file an application or answer, or to place it on the hearing list, in proceedings under the Children's Law Reform Act or the support parts of the Family Law Act (O. Reg. 417/95, s. 2). A divorce or a property claim can attract filing fees; anyone who cannot afford them can apply for a fee waiver, and there is no cost to apply. Our guide to family law costs lists the fees.
• Arbitration. The Family Court hears appeals of family arbitration awards made in its area (Arbitration Act, 1991, s. 45(6)). If you are weighing arbitration, see whether a family arbitration award is binding in Ontario.
• Language. French interpretation is provided in all family matters. Interpretation in Persian or another language is provided if you qualify for a fee waiver or the court orders it.

Can a case move between Toronto and Newmarket?

Yes, but only through the court. Once a case starts, every step other than enforcement takes place in the municipality where it was started or transferred (Family Law Rules, r. 5(4)). If it becomes substantially more convenient to deal with the case, or one step of it, somewhere else, the court may order a transfer on a motion (r. 5(8)). A family that moves from North York to Vaughan after a Toronto case has started does not simply refile in Newmarket; one of the parties asks the court to transfer the case.

The parties can also agree to start a case in a different municipality, but only with the court's permission given in advance in that municipality (r. 5(1)(c)). Without that order, the clerk must refuse an application filed in the wrong place (r. 5(3)), which can cost weeks at the start of a case.

Enforcement follows its own rule. Steps to enforce a support order generally take place where the person receiving support lives, or, if that person lives outside Ontario, where the order is filed for enforcement; the person enforcing can also choose the payor's municipality (r. 5(5)). A parent in Richmond Hill collecting support from a former spouse in Toronto would usually enforce in York Region.

What local services support a York Region family case?

On-site mediation is free on the day your case is scheduled in court. Dispute Resolution Officers are experienced family lawyers who conduct some early case conferences to give a neutral view of the case and narrow the issues. If supervision of parenting time is in issue, our page on how supervised parenting time works covers the law; the York Region program above is the local centre.

A worked example

For example, imagine a couple in Richmond Hill who married in Iran, came to Canada together and separated last spring. Their two children live with the mother in Richmond Hill. The mother wants a divorce, child support and an equalization of property that includes an apartment in Shiraz. All of it goes into one application at the Newmarket Courthouse. Because she claims a divorce and property, the case is on the standard track, so no court date is set at filing; her lawyer schedules a case conference, and a case management judge is assigned.

Both parents attend the Mandatory Information Program within 45 days. At the first conference, a Dispute Resolution Officer helps them narrow the issues, and they settle parenting and support, leaving the value of the Shiraz apartment for later. This is a hypothetical walk-through of the process, not a prediction of any outcome. For the property question, see whether property in Iran counts in an Ontario equalization.

What mistakes do York Region families make?

1. Going to the Richmond Hill or Markham court office for a family matter. Family cases are only in Newmarket.
2. Filing in Toronto because the lawyer or one parent is there, when the children live in York Region.
3. Waiting for a court date that never comes on the standard track. Someone must schedule a case conference or motion.
4. Ignoring the 365-day notice. A case can be dismissed without further notice if no one acts within 60 days after it.
5. Leaving interpretation to the last minute. A Persian interpreter is not automatically provided in family court, so ask early.

What to do this week

1. Confirm where the children have lived since separation.
2. List your claims: divorce, parenting, child or spousal support, property, a mahr.
3. Gather income documents and property records, in Canada and in Iran.
4. Find your marriage certificate and arrange a certified English translation if it is in Persian.
5. Note the Newmarket contacts above, including duty counsel and mediation.
6. Book a consultation in English, Persian (Farsi) or French.

Frequently asked questions

Is Thornhill in Toronto or York Region for family court?

Thornhill is in York Region, so a Thornhill family whose children live there uses the Newmarket Courthouse. A family living south of Steeles Avenue is in Toronto and uses the Toronto courts.

Can I see a Toronto family lawyer for a Newmarket case?

Yes. A lawyer licensed in Ontario can act in any Ontario court. What matters for the court is where the parties and children live, not where the lawyer's office is.

Where do I get a divorce certificate if I divorced in Newmarket?

The ministry says to request it from the court location where the case started. Our page on getting a divorce certificate in Ontario explains when the divorce takes effect.

Is there free legal help in York Region?

Legal Aid Ontario has family duty counsel at the Newmarket Courthouse, and the Community Clinic of York Region in Richmond Hill lists family law among its services. Contact each to ask what help you qualify for.

Can my children travel to Iran while the case is going on?

A court can prohibit removing a child from Ontario without consent or an order, and can require passports to be handed over. Read whether a parent can take a child to Iran or abroad without consent.

What if my spouse still lives in Iran?

A respondent served outside Canada or the United States has 60 days, rather than 30, to answer (r. 10). For a divorce, one spouse must have been habitually resident in Ontario for at least one year before the case starts (Divorce Act, s. 3(1)).

Does the Newmarket Family Court also hear child protection cases?

Yes. As a Family Court Branch location it hears every type of family case, including child protection and adoption, in addition to divorce, property, parenting and support.

What deadlines should I know about before I file?

Some claims have limitation periods, such as the equalization deadline. Our page on the deadlines in an Ontario family case collects them.

Guides for York Region families

• Just separated: the first-week separation checklist
• Mahr: whether a mahr (mehrieh) is enforceable in Ontario
• Marriage in Iran: divorcing in Ontario after marrying in Iran
• Toronto comparison: which Toronto family court handles a case
• Peel comparison: what to expect at the Brampton courthouse
• Safety and children: how family violence affects parenting decisions
• Children's views: what the Office of the Children's Lawyer does
• Disclosure: which financial statement to file
• A parent abroad: child support when a parent lives outside Canada
• Faith: how a religious divorce fits with an Ontario divorce
• An order from Iran: whether a custody order from Iran counts in Ontario

Many York Region families have ties to Iran; our page on what a Persian-speaking family lawyer can do for an Iranian-Canadian family gathers those questions.

Sourena Sarbazevatan was called to the Bar of Ontario in 2015 and practises family law alongside criminal and civil law. Our office is at Suite 1901, 5000 Yonge Street, Toronto, and consultations are available in English, Persian (Farsi) and French. Call +1 (416) 628-2041 or reach us through the contact page.