Most family law cases resolve without going to trial. However, when parties are unable to reach an agreement and key issues remain disputed, a family law trial may be necessary. Trials are formal, structured, and can have lasting consequences, particularly when parenting or financial matters are involved.

Understanding what a family law trial is, when it occurs, and how to prepare can help reduce uncertainty and allow parties to make informed decisions.

What Is a Family Law Trial?

A family law trial is the final stage of litigation where a judge hears evidence, assesses credibility, applies the law, and makes binding decisions on unresolved issues. Trials are governed by the Family Law Rules and take place in either the Ontario Court of Justice or the Superior Court of Justice, depending on the issues involved.

At trial, each party presents their case through documentary evidence and witness testimony. After hearing all evidence and legal submissions, the judge will issue a decision in writing.

When Does a Case Go to Trial?

A trial typically occurs only after other resolution efforts have been unsuccessful. Before reaching trial, parties usually participate in:

  • Case conferences
  • Settlement conferences
  • Motions to address interim or procedural issues

The court encourages settlement at every stage, and trials are reserved for matters where resolution is not otherwise possible.

Common Issues Decided at Trial

Family law trials may address one or more of the following issues:

  • Parenting time and decision-making responsibility
  • Child support and section 7 expenses
  • Spousal support
  • Property division and equalization
  • Enforcement or interpretation of prior agreements

The scope and length of a trial depend on the number and complexity of issues in dispute.

What Happens at Trial?

A family law trial generally involves:

Opening Statements

Each party outlines their position and the issues the court is being asked to decide.

Presentation of Evidence

Evidence is presented through sworn testimony and documentary exhibits. Witnesses can be cross-examined.

Closing Submissions

Each party summarizes the evidence and explains how the law applies to the facts.

The Decision

The judge may deliver a decision at the end of the trial or reserve judgment and issue written reasons later.

Trials are formal proceedings, and strict rules of evidence and procedure apply.

The Time and Cost Considerations

Family law trials can be time-consuming and costly. Preparation involves significant document review, witness preparation, and legal analysis. Trials may take days or weeks and are often scheduled over multiple court dates.

Because of these considerations, courts expect parties to seriously explore settlement options before proceeding to trial.

The Role of Legal Counsel

Legal representation is especially important at trial. A family law lawyer can:

  • Prepare and organize evidence
  • Advise on legal strategy and risks
  • Conduct examinations and cross-examinations
  • Make legal submissions to the court
  • Ensure procedural compliance

Effective trial advocacy requires both legal knowledge and experience.

Alternatives to Trial

Where appropriate, parties may resolve disputes through alternatives such as:

  • Negotiation or settlement conferences
  • Mediation
  • Arbitration
  • Summary judgment or focused motions

These options can reduce cost, delay, and emotional strain.

Conclusion

A family law trial is a serious and often challenging process, but it plays an important role when disputes cannot be resolved through agreement or alternative methods. Understanding the trial process and obtaining sound legal advice can help parties approach trial with clarity and confidence.

If you are involved in a family law matter and are concerned about the possibility of a trial, speaking with a family law lawyer early can help you understand your options and prepare effectively.

The content found above is for information purposes only and is not legal advice, which cannot be given without knowing the facts of a specific situation. You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. The use of the website does not establish a solicitor and client relationship.