What Happens If You Miss a Family Court Date in Ontario

Missing a court date, or knowing you cannot make one, is stressful. Illness, a work problem, a mix-up about the time or never receiving notice can all cause it.

What happens next depends on which step you missed and whether you were the applicant or the respondent. This article explains the consequences the Family Law Rules describe and the practical steps to take, without promising how a judge will respond.

Why the type of date matters

A family case moves through steps. The applicant starts it, the respondent answers, and the parties attend conferences and sometimes motions. Missing a deadline to answer is different from missing a conference, and the effects differ.

Also check whether your date is in person or virtual. That varies by court and region and can change, so read your notice carefully.

Possible consequences

If a respondent served in Canada or the United States does not serve and file an answer within 30 calendar days, the rule 10(5) consequences apply. The respondent is not entitled to further notice of steps in the case, except service of the order under rule 25(13), and is not entitled to take part. The court may deal with the case in their absence, and a date may be set for an uncontested trial.

If the respondent was served outside Canada or the United States, the time is 60 days.

Conferences have their own rules. Each party must file Form 17F (Confirmation of Conference) no later than 2:00 p.m. three days before the conference, and if a party does not confirm, the court may cancel the conference.

If a person fails to obey an order in a case, the court may make any order it considers necessary under rule 1(8), including costs, dismissing a claim and striking out documents.

Adjournments and asking for a change

If you know ahead of time that you cannot attend, contact the court office as soon as possible and ask what process applies. Do not simply stay away and hope for the best. Whether a date can be moved depends on the court, the reason and the stage of the case, so a lawyer or the court clerk can confirm the right approach.

Where you need the court to make a decision, a request is usually made by motion under Rule 14. The moving party completes Form 14 (Notice of Motion) and Form 14A (Affidavit), which must be sworn or affirmed, while procedural, uncomplicated or unopposed motions use Form 14B.

Motions normally cannot be heard until a conference dealing with the substantive issues is completed. That bar does not apply where the court finds urgency or hardship. Exempt motions also include those without notice, on consent, unopposed or limited to procedural matters, and motions to change a temporary order for fraud, mistake or lack of notice.

If you already missed it

• Contact the court office right away to learn what happened and whether a new date or order exists.
• Gather proof of why you missed it, such as a medical note or proof you were not served.
• Check whether any order was made and read it carefully.
• Do not ignore later deadlines, because they keep running.
• Speak to a lawyer promptly about whether a motion is needed and which form applies.

If you did not receive notice, that may matter, but how it matters depends on the facts and the stage of the case.

Where to get help

Family Law Information Centres at family courts give free court forms and general information about procedure, especially to people without a lawyer. They also give information about mediation and referrals. Staff give information, not legal advice.

Low-income people may get free legal advice at court from Legal Aid Ontario advice lawyers and duty counsel. The Law Society Referral Service gives you the name of a lawyer and a 30-minute consultation at no charge.

Frequently asked questions