What If My Ex Ignores Family Court Papers in Ontario?

You started a family court case and your spouse has said nothing. It is stressful to wait, and it is natural to wonder whether silence means you can simply carry on without them.

Ontario's Family Law Rules do set out what follows when a respondent does not answer. This article explains the answer deadline, the consequences of not answering, and what you still need to do as the applicant.

First, check that your spouse was properly served

A family case starts when the applicant files an application. The person who starts the case is the applicant, and the other party is the respondent. A respondent served with an application in Canada or the United States has 30 calendar days to serve and file an answer, but that time is 60 days if they were served outside Canada or the United States.

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 Form 6B (Affidavit of Service) with the court that issued the application.

• Someone other than you carried out special service.
• That person was at least 18.
• Form 6B (Affidavit of Service) has been filed with the court that issued the application.
• You know where and when your spouse was served, because the answer deadline depends on it.

How long does your spouse have to answer?

The answer is Form 10: Answer. In it, the respondent sets out their position on your claims and can make claims of their own. The deadline depends on where they were served.

Until that time has passed, your spouse has not missed the deadline, so waiting is usually part of the process.

What happens if no answer is filed

If a respondent does not serve and file an answer, rule 10(5) applies the consequences in paragraphs 1 to 4 of rule 1(8.4). The respondent is not entitled to further notice of steps in the case, except service of the order under rule 25(13). They are also not entitled 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. The exact steps for asking the court to move ahead can depend on the court and the claims you made, so confirm them with a lawyer or a Family Law Information Centre.

What you still need to have in order

Even if your spouse does not take part, your own paperwork still matters. The court will look at what you filed.

• A Continuing Record with a Table of Contents.
• Form 35.1, sworn before a commissioner for taking affidavits, if you claim parenting orders.
• Financial disclosure if the case involves child support, spousal support or property.
• A financial statement (Form 13 or 13.1) if you claim support, property or exclusive possession of the matrimonial home.

There is an exception for child support. If your only support claim is child support in the table amount under the Child Support Guidelines, and there is no property or exclusive-possession claim, you are not required to file a financial statement.

If you want a divorce, the Divorce Act says a court in a province can hear the case if either spouse has been habitually resident in that province for at least one year immediately before the proceeding starts. Also remember that where you start the case matters. As a general rule, a family case must be started in the municipality where a party resides, with exceptions such as cases about children.

What to do next

• Confirm the date and method of service, and make sure Form 6B is filed.
• Check that every document you must file is complete, including financial disclosure.
• Ask a lawyer or a Family Law Information Centre how to request the next step if the deadline has passed.

A lawyer can confirm how these rules apply to your claims, especially if children, support or property are involved.

Frequently asked questions