What Is an Answer in Ontario Family Court and How Do You Respond to an Application?
If you have been served with an application in an Ontario family case, you respond by serving and filing an Answer on Form 10 within 30 days after you were served. That time is 60 days if the application was served outside Canada or the United States. The deadline is short, so check the date you were served as soon as you can.
An Answer is your written reply. It lets the court know you are taking part and gives your side. If your Answer includes claims about decision-making responsibility, parenting time or contact, an affidavit in Form 35.1 must be served and filed with it, and it must be sworn before a commissioner for taking affidavits. You must correct that affidavit as soon as you learn something in it is wrong or incomplete.
If you do nothing, you are generally not entitled to further notice of steps or to take part in the case, and the court may deal with it without you, including setting an uncontested trial, unless the court orders otherwise. Duty counsel at the courthouse can review your forms and explain the law, though they cannot represent you in court.
Key takeaways
- The deadline to serve and file an Answer (Form 10) is 30 days after you are served, or 60 days if the application was served outside Canada or the United States.
- If your Answer includes claims about decision-making responsibility, parenting time or contact, you must also serve and file a sworn Form 35.1 affidavit.
- If you do not answer, you are generally not entitled to further notice or to take part, and the court may deal with the case without you.
- Duty counsel at the courthouse can review your forms and explain the law, but they cannot represent you in your court case.