What Happens If Your Spouse Ignores a Family Court Case in Ontario?
If your spouse does not answer your application, the court may be able to deal with the case without them. A respondent has 30 days after being served to file an Answer, 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, 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 you ask. What orders a judge can make depends on what you have asked for and the evidence you provide.
If your spouse later skips a court step or arrives unprepared, the court must award costs against them unless it orders otherwise in the interests of justice. Serving documents correctly and getting advice before relying on an uncontested process is wise, and duty counsel can review your forms and explain the law.
Key takeaways
- A respondent has 30 days after service to file an Answer, 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.
- If no Answer is filed by the first court date, the clerk sends the case to a judge to decide on affidavit evidence (Form 23C), or schedules a case conference if the applicant asks.
- A party who does not appear at a step or is not prepared must face a costs award unless the court orders otherwise in the interests of justice.