- Some family court documents must be served by special service, and for a motion to change that must be done by someone other than you who is at least 18 years old.
- Many deadlines in a family case run from the date of service, so the date and manner of service matter.
- Keep clear records of every service so you can prove it, and confirm the exact method and proof required with the court office or a lawyer.
Starting or answering a family case means getting your documents to the other side in a way the court accepts. This is called serving. If it is done wrongly or late, the case can stall, and the other party may later say they never received what they needed to respond.
This page explains what special service is, which documents the rules say need it, who can serve, the deadlines that depend on service, and how to keep proof. The exact method for each document can depend on the court and the form, so use this as a map and confirm the details before you act.
What serving means and why it matters
Serving a document means formally delivering it to the other person, or to someone affected by a court order, so they know about it and can respond. Courts rely on service to make sure each side has a fair chance to take part.
Which method applies depends on the document, so check the instructions for your specific form before you serve it.
Getting it right also protects you. If a respondent does not answer, the court may deal with the case in their absence, and a date may be set for an uncontested trial. How a court treats a case where the respondent has not answered depends on your situation, so it is worth confirming with a lawyer.
Documents the rules say need special service
The rules name special service for several situations. The table below lists the ones that matter most to people in family cases.
| Situation | What the rules say |
|---|---|
| Motion to change a final order | Must be served by special service by someone other than you who is at least 18 years old. |
| Order affecting a non-party | Can be made only if that person was served by special service with the notice of motion, a summons (Form 23) and the witness fee. |
| Information from another party in a child protection case | One way to get it is a summons (Form 23) served by special service. |
| Witness summoned with Form 23 | The party who summons the witness must pay the witness for every day the witness is required in court. |
For other documents, such as a new application, the method and any related requirements depend on the form and the court. A lawyer or the court office can confirm what applies in your case.
Who can serve the documents
For a motion to change, you cannot serve the documents yourself. They must be served by special service by another person who is at least 18 years old.
In practice, many people ask a trusted friend or relative who is an adult, or hire a process server. It is wise to choose someone reliable, and not someone the other party is likely to confront. It also helps if that person keeps a note of when, where and how the documents were delivered, and to whom.
Deadlines that depend on service
Service is tied to many time limits. These are some that the rules set out.
| Step | Time limit |
|---|---|
| Respondent's Answer (Form 10) | Serve and file within 30 days after being served with the application, or 60 days if the application was served outside Canada or the United States. |
| Response to a motion to change | The other party has 30 calendar days to respond, or 60 days if served outside Canada or the United States. |
| Motion forms | Serve at least 6 business days before the motion date. |
| Trial record | The applicant must serve it at least 20 calendar days before the trial starts. |
| Documents added by a respondent for trial | Serve and file at least 7 calendar days before the trial. |
| Order made without notice | Must be served immediately on all affected parties. |
Service also matters when settling. A party who made an offer may withdraw it by serving a notice of withdrawal before it is accepted, and the only valid way to accept an offer is to serve an acceptance on the party who made it.
Proof of service and what to do next
What proof of service you need, and what it must contain, depends on your situation, so it is worth confirming with a lawyer. Ask the court office or a lawyer which form to use and when to deal with it, because the details can vary. Timing matters, because the other party has 30 calendar days to respond to a motion to change, or 60 days if they were served outside Canada or the United States.
- Read the instructions for each form to see how it must be served.
- Choose an adult other than yourself to serve where special service is required.
- Note the date, time, place and manner of every delivery.
- Keep copies of everything you served.
- Diarize every deadline that runs from the service date.
- Ask the court office what it needs to see about service.
- Speak to a lawyer if the other party is hard to find, lives outside Canada, or there is a risk to your safety.
Frequently asked questions
Can I serve my own motion to change?
No. A motion to change must be served by special service by someone other than you who is at least 18 years old. Ask a capable adult or a process server to do it.
How long does the other person have to respond after service?
For a motion to change, the other party has 30 calendar days to respond, or 60 days if they were served outside Canada or the United States. For an application, a respondent has 30 days to serve and file an Answer, or 60 days in the same circumstances.
What happens if the other party never answers?
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.
Do I need to prove that I served the documents?
How proof of service works depends on your situation, so it is worth confirming what the court expects with a lawyer or the court office. Confirm the form and filing timing with the court office or a lawyer, since this can vary.
Sources
- e-Laws – O. Reg. 114/99 Family Law Rules (Word version) — Ontario e-Laws
- Ontario.ca – Guide to procedures in family court: Family court trial — ontario.ca
- Ontario Court of Justice – Family Law Trial — ontariocourts.ca
- Ontario.ca – Guide to procedures in family court: Steps to making a motion to change — ontario.ca
- Ontario.ca – Guide to procedures in family court: Steps to bringing a motion — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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