What Happens If Your Spouse Does Not Respond to a Family Court Application in Ontario?
If your spouse ignores your application, the case can still go forward without them. A respondent must serve and file an Answer (Form 10) within 30 days after being served, or 60 days if the application was served outside Canada or the United States.
Unless the court orders otherwise, a respondent who does not answer is not entitled to further notice of steps or to take part in the case. The court may deal with the case in their absence, and a date may be set for an uncontested trial.
If no answer has been filed by the first court date, the clerk sends the case to a judge to decide on affidavit evidence (Form 23C, Affidavit for uncontested trial), or schedules a case conference if the applicant asks. The time starts when your spouse is served, so keep clear records of how and when that happened. Check the first court date on your documents, because that is when the next step may happen. The exact steps and what the judge will grant depend on your issues and your court, so a lawyer can confirm your next move.
Key takeaways
- A respondent must serve and file an Answer (Form 10) within 30 days after being served, or 60 days if served outside Canada or the United States.
- A respondent who does not answer is generally not entitled to further notice of steps or to take part in the case.
- The court may deal with the case in the respondent's absence, and a date may be set for an uncontested trial.
- If no answer is filed by the first court date, a judge may decide on affidavit evidence, or a case conference may be scheduled if the applicant asks.