Litigation: The Family Law Process. Replying to an Application
Welcome back to part 3 of our Family Law Process series. As mentioned in our previous postings, these posts will go through the family law process from start to finish, and will identify what you can expect to occur at each step. Please note that it is possible that not all of the steps will occur in your family law matter.
3. Replying to an Application
4. Financial disclosure
5. Filing and serving court documents
6. Mandatory Information Program
7. Conferences
8. Motions
9. Trials
Replying to an Application
Once your Application is completed, it must be issued with the Court. “Issued” refers to when the court clerk signs, dates, and stamps the Application and supporting documents. Once this is completed, a court date will be provided to you. Your partner is required to respond to your Application by completing an “Answer”.
A Form 10: Answer is used to respond to the Applicant serving the Application. In this form, the party can agree or disagree with the claims set out in the Application, as well as make new claims. For instance, the party may agree with the decision-making responsibility claims, but disagree with the parenting plan or child support amount. Along with the Form 10: Answer, the party is required to complete the following:
· Form 13: Financial Statement or Form 13.1: Financial Statement- if a claim was made for support or property;
· Form 13A: Certificate of Financial Disclosure- if a claim was made for support or property division;
· Form 35.1: Affidavit- if a claim was made for decision-making responsibility or parenting time;
· Support Deduction Order- if a claim was made for support; and
· Support Deduction Order Information Form- if a claim was made for support.
If a Form 10: Answer is not filed and the party does not respond to the Application, the judge can make a decision based solely on the Application and the provided evidence. This is called making an order on an undefended basis. This can only occur if your former partner has not responded to the claims. In this case, a Form 23C: Affidavit for Uncontested Trial must be completed, along with other forms.
Timing
Your former partner has 30 days to complete, serve, and file their documents in response to your Application. If more time is required, the party may bring a regular motion asking the court for an extension to file their Answer, or alternatively may seek your consent to an extension of the time allowed for him/her/they to file their Answer. An Answer is served by regular service or special service, and must be completed in 30 days. Serving and time calculation rules will be discussed in a separate blog post.
To note, the above should not be taken as legal advice, and if you have any questions or concerns about your case please speak to a lawyer. To find out how we can help you with your matter, please visit our website at https://www.grantleelaw.ca/ or call us at 905-315-6837 to book your consultation now.
