- If you are served and do not file a response within the deadline, you are generally no longer entitled to notice of what happens next.
- A Provincial Court appeal to the Supreme Court has a 40-day limit, but interim Provincial Court orders cannot be appealed that way, and a Court of Appeal notice of appeal is due within 30 days unless another enactment sets a different period.
- Which route is available depends on the court, the type of order and what happened, so get advice quickly.
Missing a court date or never answering court papers is stressful, and the fear that an order was made without you is understandable. Acting quickly gives you the most options.
This article explains what can follow when you do not respond or attend, and the general routes people look at afterward. Whether an order can be undone depends on the facts and the specific order, so treat this as a map and not a prediction.
This article covers the law of British Columbia.
What happens if you do not respond
In the Supreme Court, a respondent must file a response to family claim in Form F4 and serve it within 30 days after being served. A person who is served and files no response is not entitled to notice of later court appearances, hearings, conferences or trial.
The Provincial Court works in a similar way. A respondent must file a reply within 30 days after being served with the application, and a party who files no reply within that time is not entitled to receive notice of any part of the proceedings. A reply to a child or spousal support application also needs a Form 4 financial statement.
Because the 30-day period runs from service, it is worth finding out exactly when you were served and what is on the court file. How this applies depends on your situation, so it is worth confirming with a lawyer.
Check first: were you properly served?
The 30-day clocks start from service, so how and when you were served matters. A Supreme Court notice of family claim must be served by personal service unless the court orders otherwise. In the Provincial Court, the applicant must ensure personal service by an adult who is not a party and who leaves the documents with the person, and that adult completes a certificate of service in Form 7.
- Find the papers you received and note the date you got them.
- Look at the file number and the court named on the document.
- Ask the registry what is on file, including any proof of service.
- Write down what happened, including why you missed the deadline or date.
If you were not properly served, that may be important, but how a court treats it depends on the facts. A lawyer can advise you.
Ways to challenge or change an order
The right route depends on which court made the order and what kind of order it is. The general options are summarized below.
| Situation | General route |
|---|---|
| Provincial Court final order you disagree with | Appeal to the Supreme Court within 40 days, counted from the day after the order is made; the Supreme Court can extend the time, and an appealed order generally stays in effect |
| Provincial Court interim order | Cannot be appealed to the Supreme Court under s.233(1); an application to vary is the route instead |
| Supreme Court judgment | Appeal to the Court of Appeal for British Columbia; notice of appeal (Form 1) due within 30 days after the order is pronounced, unless another enactment sets a different period |
| Circumstances have changed since the order | Application to change the order, such as a parenting order, child support or spousal support |
In the Provincial Court, an application can also seek to change or cancel all or part of an existing final order, and a copy of that order or written agreement must be filed with it. If your goal is to undo an order made while you were absent, the proper procedure depends on the court and the facts, and a lawyer can confirm which step fits.
If you are stuck behind a deadline
The Supreme Court can extend the time to appeal a Provincial Court order. Whether any other deadline can be extended depends on your situation, so it is worth confirming with a lawyer. Do not assume you will get more time, and do not wait to find out.
Some time limits also apply to the underlying claims. Spouses have a two-year limit, measured from divorce judgment, nullity order or separation depending on the relationship, to seek property or debt division, pension division or spousal support. A missed court date should not make you lose track of those limits.
What to do next
- Get a copy of the court file and any orders made.
- Write the dates down: when you were served, when the response was due, and the date you missed.
- Contact the registry to confirm the current status and next dates.
- If you missed a Provincial Court date, ask a Family Justice Counsellor how to proceed; Family Justice Centre services, including legal information and referrals, are free.
- Speak with a lawyer quickly about which route fits your order. A Provincial Court appeal has a 40-day limit and is not available for interim orders, and a Court of Appeal notice of appeal is due within 30 days unless another enactment sets a different period. Whether a variation application is open to you depends on your situation.
- Attend every future date, and if you cannot, contact the court beforehand.
Frequently asked questions
Can the court go ahead if I do not show up?
If you were served and filed no response or reply, you are generally not entitled to notice of later steps. What the court can do in a particular case depends on the facts, so ask a lawyer.
Can I appeal an order made when I was not there?
Possibly, depending on the court and the type of order. A Provincial Court appeal goes to the Supreme Court within 40 days, but interim Provincial Court orders cannot be appealed that way and an application to vary is used instead.
How long do I have to appeal a Supreme Court order?
The notice of appeal to the Court of Appeal for British Columbia is due within 30 days after the order is pronounced, unless another enactment sets a different period.
Is there free help?
Yes. Family Justice Centres offer free mediation with a Family Justice Counsellor, legal information and referrals; virtual services are available at 1-844-747-3963.
Sources
- Family Law Act, s.198 (BC Laws) — bclaws.gov.bc.ca
- Provincial Court Family Rules, rules 24–25 — bclaws.gov.bc.ca
- Supreme Court Family Rules, Rule 4-3 — bclaws.gov.bc.ca
- Family Law Act, s.47 (BC Laws) — bclaws.gov.bc.ca
- Family Law Act, ss.152, 167 (BC Laws) — bclaws.gov.bc.ca
- Court of Appeal Rules (BC Laws) — bclaws.gov.bc.ca
- gov.bc.ca – Family Justice Centre services — www2.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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