- If you are served in Canada or the United States, you generally have 30 calendar days to serve and file Form 10.
- Your answer sets out your position and can include your own claims, with extra forms for parenting and financial issues.
- Ignoring the application can mean you lose the right to take part, and the court may decide the case without you.
Being handed a family court application can feel overwhelming, especially if you did not expect it. The papers start a legal case, and a clock starts running for your reply.
This article explains the deadline for answering in Ontario, what your answer should contain, and what can happen if you do nothing. It is general information, not advice on your own situation.
What you have been served with
A family case starts when one person files an application. That person is the applicant, and you are the respondent. Rule 8 of the Family Law Rules covers starting a case, and Rule 10 covers answering one.
The application must be served by special service, carried out by someone other than the applicant who is at least 18. After service, the applicant files an Affidavit of Service (Form 6B) with the court. If you are unsure whether the papers reached you in this way, a lawyer can confirm whether service was done properly.
The deadline to answer
If you were served in Canada or the United States, you have 30 calendar days to serve and file an answer on Form 10. If you were served outside Canada or the United States, the time is 60 days.
| Where you were served | Time to serve and file Form 10 |
|---|---|
| Canada or the United States | 30 calendar days |
| Outside Canada or the United States | 60 days |
How your exact deadline works out depends on your situation, so it is worth confirming it with a lawyer. If you are close to the deadline, act first and sort out the details afterward.
What goes into your answer
In Form 10, you set out your position on the applicant's claims. You can also make claims of your own.
- If you claim decision-making responsibility or parenting time, you also file Form 35.1.
- If support or property is in issue, you also file financial disclosure.
- A party who makes a claim for support, property or exclusive possession of the matrimonial home must serve and file a financial statement, Form 13 or Form 13.1.
- If the only support claim is for child support in the table amount, and there is no property or exclusive possession claim, a financial statement is not required.
In support cases, you must also serve income and financial information. If you became unemployed in the last three years, that includes a complete Record of Employment or other proof of termination, plus a statement of any continuing benefits from the former employer. Start gathering these papers early, because they take time to collect.
What happens if you do not answer
If you do not serve and file an answer, you are not entitled to further notice of steps in the case, except service of the order, and you are not entitled to take part in the case. The court may deal with the case in your absence, and a date may be set for an uncontested trial.
In practical terms, that means decisions about parenting, support or property can be made without hearing your side. If you miss the deadline, speak to a lawyer or a Family Law Information Centre promptly about your options.
What to do next
- Note the date and manner of service, and work out your deadline.
- Read every claim in the application, including any attached forms.
- Gather income, tax, employment and expense records if support or property is involved.
- Get legal help if you can. Low-income people may get free legal advice at court from Legal Aid Ontario advice lawyers and duty counsel.
- Visit a Family Law Information Centre for free forms and general procedural information. Staff give information, not legal advice.
Once an answer is filed, a judge must conduct at least one conference in the case. Do not wait for that step to start preparing.
Frequently asked questions
How long do I have to respond to a family court application in Ontario?
If you were served in Canada or the United States, you have 30 calendar days to serve and file Form 10. If you were served outside those countries, you have 60 days.
Do I always need to file financial information with my answer?
No. It depends on what is claimed. If support or property is in issue, you file financial disclosure. A party whose only support claim is child support in the table amount, with no property or exclusive possession claim, does not need a financial statement.
Can I still take part if I miss the deadline?
If you do not serve and file an answer, you are not entitled to take part in the case and the court may deal with it in your absence. Whether anything can be done after a missed deadline depends on the facts, so speak to a lawyer quickly.
Can I make my own claims in my answer?
Yes. Form 10 is where you give your position and can make claims of your own. If you claim parenting time or decision-making responsibility, you also file Form 35.1.
Sources
- Ontario.ca – Guide to procedures in family court — ontario.ca
- Ontario.ca – Guide to procedures in family court: Steps to filing an application — ontario.ca
- Ontario.ca – Guide to procedures in family court: Steps to answering an application — ontario.ca
- Family Law Rules, O. Reg. 114/99, rr. 1(8.4), 10(5) — Ontario e-Laws
- Superior Court of Justice – Finding legal help — ontariocourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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