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Family Court is Open to the Public

Published: February 8, 2016

Last Updated: September 8, 2025

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Family Court is Open to the Public

Canadian Family Court for the Public

In Canada, we have an open court system. That is probably obvious from the daily bombardment of information coming out of two sensational Ontario court cases presently under way: the Jian Ghomeshi sexual assault trial and the trial of Tim Bosma’s alleged killers. People might know that criminal proceedings are public and that citizens are invited to sit in and observe a criminal trial in any court in the land. But what people might not know is that the same is true of family law cases.

Family court is open to the public. When you start a proceeding in Ontario, your full name and that of your partner is front and centre on the court documents. When your case is scheduled to come to family court, your names will be on the lists posted outside of the courtroom. Members of the public can sit in on family proceedings.

Applications can be made to name the case by pseudonym or initials only, to exclude the public from the courtroom or to seal the court file. However, these requests are only very rarely granted. Judges take public and media access to a court proceeding seriously, considering it to be one of the foundations of our justice system:

The Canadian judicial system is based on a presumption that all court proceedings must be conducted in an open and public manner so as to maintain confidence in the administration of justice. The party seeking a sealing order must establish that such an order is necessary to protect societal values of superordinate importance in order to rebut the presumption. Hence, the test for granting a sealing order is whether the social value raised by the plaintiffs is one of superordinate importance to the rights of the public to open access.

The tests to either exclude the public or seal the file are stringent:

…to exclude the public from a courtroom, I need find only that a “possibility of serious harm or injustice” exists. However, under Sierra Club, supra, to seal court files from the public, I need to find there to be real and substantial risk, well-grounded in the evidence, that disclosure poses a serious threat to the plaintiff’s interest which cannot be protected by reasonable alternatives and that the benefits of sealing outweighs the deleterious effects to the public interest in open and accessible courts.

The test to proceed by initials is less so:

This family court possesses the jurisdiction to use initials or pseudonyms to protect the identity of parties pursuant to Rule 2.03 of the Rules of Civil Procedure, which enables the court, in the interests of justice, to dispense with the general rule that the names of parties be identified in the title of the proceeding (Rule 14.06): T. (S.) v. Stubbs, [1998] O.J. No. 1294, 38 O.R. (3d) 788 (Ont. Gen. Div.). The use of initials to identify the parties was ordered in R. (J.) in the absence of submissions on the point. In this case, the identification of the parties by initials is entirely appropriate, given the privacy interests that the parties and E.D. have in this matter.

Regardless, parties should be aware that, in all likelihood, their family law case will be public. Their names and those of their children will be evident from the material filed with the court. Parties who want to ensure privacy and confidentiality are, therefore, opting for mediation and arbitration, which are closed processes.

Written by Jennifer Shuber

Senior Lawyer

Certified specialist Jennifer Shuber is a senior lawyer and accredited mediator at Gelman & Associates who handles high-conflict and high-net-worth family law matters with practical, cost-effective legal guidance.

Frequently Asked Questions - enforcement & modification orders

Each province and territory in Canada has a maintenance enforcement program for family orders and agreements. Additionally, the federal government may refuse to issue a Canadian passport if the applicant is delinquent in child support payments. They also have the authority to garnish wages for the back payments owed. In the USA, the Office of Child Support Enforcement, which is part of the Administration for Children and Families in the Department of Health and Human Services, is now in charge of the federal child support enforcement program.

Yes. In Ontario, existing family law orders (for decision-making responsibility, child support, spousal support, and more) can be changed if there has been a material change in circumstances since the order was made.

To modify an order, you can negotiate an amendment with your former partner, participate in mediation, or bring a motion to change in court. Your family lawyer will help you determine whether you qualify for a motion to change and represent you throughout the variation process.

If you deny court-approved parenting time, it could be a possibility. The court may find you in contempt. You may also have to compensate the other person for any lost parenting time or legal fees they had to pay to enforce the parenting arrangement.

Ex parte motions provide an exemption to the principles of due process in emergencies by allowing you to petition the court without having to give notice or serve the other parties in your case. If the judge issues the ex parte order, it’s only for a limited time.

If you get an order and want to change it, you first need to assess your relationship with the opposing party.

If you both agree, you can apply for a consent order and need not go to court. If you do not, you may seek help from mediators or counsellors who can help you talk things out. If you still do not agree after mediation, you will need to apply to the court to change the order.

You can use this motion if you need to change your order. By filing this motion, you’re asking the court to change something in your final order. It would help if you showed that there has been a substantial change in circumstances since the last court order. You can’t file this motion just because you disagree with the order. You shouldn’t also file this motion too soon after the court releases the final order. If things have changed in your children’s lives, you can ask to modify the order based on those changes. Other samples you can change may include but not be limited to:

  • Spousal support
  • Decision-making issues for the children
  • Issues related to parenting time
  • Child support

Temporary orders may be changed through agreement with your former spouse or through a court order. If you and your spouse are not in agreement about a change you wish to seek, you can make a motion to the court for a modification.

Yes, it is possible to change the initial terms of a separation agreement if you and your spouse agree to the changes and sign a written agreement to change the terms. If your spouse does not agree to change the terms, you can make a court application to change the separation agreement.

No matter what the circumstances surrounding your separation agreement are, our Toronto separation lawyers can help you make changes when you need to.

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