- If you are served in Canada or the United States, you have 30 calendar days to serve and file an Answer on Form 10.
- If you do not answer, you may lose the right to take part in the case, and the court may deal with it without you.
- Free information and some free legal advice are available if you do not have a lawyer.
Being handed court papers is stressful, and the clock starts running right away. Ignoring them rarely makes the problem go away and can leave decisions about your children, support or property to be made without you.
This article explains the deadline, what the Answer form involves and what to expect afterwards.
What you have been served with
A family case starts when a person files an application form. The person who starts the case is the applicant, and the other party is the respondent, which is likely you. The general application is Form 8: Application (General), and a divorce-only case uses Form 8A: Application (Divorce).
The application must be served by special service, carried out by someone other than the applicant who is at least 18. Read everything you were given carefully, including the claims the applicant is making.
The deadline to respond
| Where you were served | Time to serve and file your Answer |
|---|---|
| In Canada or the United States | 30 calendar days |
| Outside Canada or the United States | 60 days |
A respondent served with an application in Canada or the United States has 30 calendar days to serve and file an answer on Form 10: Answer. If you were served outside Canada or the United States, the time is 60 days.
If you are close to the deadline or unsure when you were served, get advice quickly.
What goes in your Answer
In Form 10, you set out your position on the applicant's claims, and you can make claims of your own. Depending on your case, you may need to include more:
- 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 making a claim for support, property or exclusive possession of the matrimonial home must serve and file a financial statement on Form 13 or 13.1.
What happens if you do not answer
If a respondent does not serve and file an answer, they are 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.
Once an answer is filed, a judge must conduct at least one conference in the case. Conferences are used to explore settlement, identify the issues and make sure disclosure is complete. If you later fail to obey an order, the court may make any order it considers necessary, including costs, dismissing a claim or striking out documents.
What to do next
- Note the date and place you were served, and count your deadline.
- Read the application and list the claims you agree with and those you dispute.
- Visit a Family Law Information Centre for free forms and general procedural information.
- Ask about free legal advice from Legal Aid Ontario advice lawyers or duty counsel if you have a low income.
- Speak to a lawyer before the deadline passes, especially if children, support or property are involved.
Frequently asked questions
How long do I have to respond to a family court application?
If you were served in Canada or the United States, you have 30 calendar days to serve and file an answer. If you were served outside Canada or the United States, you have 60 days.
What form do I use to respond?
You use Form 10: Answer. Depending on your claims, you may also need Form 35.1 and financial disclosure.
What if I agree with everything in the application?
You may still need to respond so that you are able to take part in the case. A lawyer can explain the right step for your situation.
Can I get help without a lawyer?
Family Law Information Centres give free forms and general information, though not legal advice. Low-income people may get free legal advice at court from Legal Aid Ontario advice lawyers and duty counsel.
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
- Ontario Court of Justice – Case conferences — ontariocourts.ca
- 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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