Litigation: The Family Law Process. Replying to an Application

Angela Grant Lee • April 26, 2023

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.


1.     Before starting your case

2.     Starting your case

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.

Amicable Divorce Agreement

February 27, 2026
Reaching a divorce agreement doesn’t have to mean going to war. While emotions naturally run high during the end of a marriage, an amicable divorce is not only possible — it’s often healthier, faster, and far less expensive for everyone involved. At Grant Lee Law, we believe that respectful negotiation and thoughtful legal guidance can help couples move forward with dignity and clarity. Here’s how you can work toward an amicable divorce agreement. 1. Shift the Goal: Resolution, Not “Winning” Divorce is not about defeating your spouse — it’s about reaching a fair resolution that allows both parties to move forward. An amicable agreement focuses on: ● Fair division of assets and debts ● Practical parenting arrangements ● Financial stability for both parties ● Minimizing long-term conflict When both sides commit to cooperation, the process becomes more productive and less emotionally draining. 2. Communicate Clearly — and Calmly Open, respectful communication is the foundation of an amicable divorce. This doesn’t mean you have to agree on everything. It means you commit to: ● Listening without interrupting ● Avoiding personal attacks ● Focusing on solutions instead of past grievances If direct communication is difficult, your attorney can help facilitate productive discussions while keeping negotiations constructive. 3. Be Transparent About Finances Financial disputes are one of the most common sources of conflict in divorce. Full transparency about income, assets, debts, and expenses builds trust and prevents delays. Prepare documentation for: ● Bank accounts ● Retirement accounts ● Property and real estate ● Business interests ● Debts and liabilities Honesty early in the process prevents costly disputes later. 4. Put Children First If children are involved, their well-being should guide every decision. An amicable parenting agreement should prioritize: ● Stability and consistency ● Meaningful time with both parents ● Clear schedules and expectations ● Reduced exposure to conflict When parents focus on the best interests of their children rather than personal differences, long-term co-parenting becomes much easier. 5. Consider Mediation Mediation is often an effective way to resolve disputes without litigation. A neutral third party helps guide discussions and explore compromises. Benefits of mediation include: ● Lower legal costs ● Greater control over the outcome ● Faster resolution ● Reduced stress Many couples find mediation to be empowering because they craft their own agreement rather than leaving decisions to a judge. 6. Work With an Experienced Family Law Attorney Even in an amicable divorce, legal guidance is essential. An attorney ensures: ● Your rights are protected ● Agreements are legally sound ● Important details are not overlooked ● Court filings are handled properly At Grant Lee Law, we guide clients through respectful negotiation while protecting what matters most. Our approach focuses on practical solutions, efficient resolution, and reducing unnecessary conflict. 7. Stay Future-Focused Divorce marks the end of one chapter — not your entire story. When you approach negotiations with a long-term mindset, you’re more likely to reach solutions that truly serve your future. Ask yourself: ● What do I need to feel secure moving forward? ● What outcome will allow both of us to rebuild? ● How can we prevent ongoing conflict? An amicable divorce is an investment in peace — for you, your former spouse, and especially your children. Moving Forward with Confidence Reaching a divorce agreement amicably requires patience, cooperation, and skilled legal guidance. With the right support, it is entirely possible to protect your interests while maintaining respect and dignity throughout the process. If you’re considering divorce and want a smoother path forward, Grant Lee Law is here to help you navigate the process with clarity and confidence. Contact us today to learn how we can assist you in reaching a fair and amicable divorce agreement.

Property Division: What You Need to Know

January 31, 2026
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Gift Giving While Co-Parenting

December 15, 2025
The holiday season often brings a whirlwind of excitement, family gatherings, and cherished traditions. For co-parents, it can also introduce a unique set of challenges. One of the most common sources of stress is gift-giving. Coordinating with your former spouse about Christmas gifts for your children is not just a good idea—it's a crucial step toward creating a peaceful and joyful holiday experience for everyone involved. This guide will walk you through the key benefits of discussing gifts with your co-parent. You will learn how this simple act of communication can help avoid common pitfalls, set a positive example for your children, and reduce holiday stress. By working together, you can ensure the focus remains on what truly matters: your child's happiness. Why Communication is the Greatest Gift While you are no longer a couple, you remain a parenting team. Approaching the holidays with a collaborative mindset demonstrates respect and unity, which benefits your child immensely. A short conversation about presents can prevent misunderstandings and ensure the holidays are memorable for all the right reasons. Let's explore the practical advantages of this approach. Avoid the Duplication Trap Imagine the look on your child's face when they unwrap the exact same video game or doll at both houses. While it may seem like a minor issue, duplicate gifts can create confusion and subtly send the message that their parents are not communicating. It also means your money and effort could have been better spent on providing a wider variety of presents. By simply sharing your gift ideas, you can avoid this scenario. A quick text, email, or phone call to check in before you start shopping ensures your child receives a diverse range of items they will love. This doesn't mean you need to plan every single gift together, but coordinating on the "big ticket" items can make a significant difference. A shared digital wishlist or a simple running list can be an effective tool to keep track of what has been purchased. The Importance of Setting a Spending Limit Finances are often a sensitive topic, and this can be amplified during the holidays. When one parent significantly outspends the other, it can lead to feelings of inadequacy, competition, or resentment. This financial pressure is unhealthy for the co-parenting relationship and can inadvertently make the child feel caught in the middle. Agreeing on a reasonable spending limit helps level the playing field. It ensures that neither parent feels pressured to overspend to "keep up." This conversation isn't about rigid accounting but about creating a sense of fairness and shared responsibility. It also teaches your child a valuable lesson: the spirit of giving is not measured by price tags. When children see their parents aligned on financial matters, it reinforces stability and shows them that thoughtful giving is more important than extravagant spending. Promote a United Front of Teamwork Children thrive on consistency and security. Seeing their parents work together as a team, even after a separation, is a powerful and reassuring message. Collaborating on holiday gifts shows your child that their well-being is your top priority. It models effective communication and problem-solving, skills that will serve them well throughout their lives. This teamwork extends beyond just avoiding duplicate gifts. You might decide to pool your resources for one larger, more significant present that neither of you could manage alone. This act of partnership can be incredibly meaningful for a child, reinforcing the idea that they are loved and supported by a united front. Remember, your child’s emotional security is deeply connected to the health of your co-parenting relationship. A collaborative approach to the holidays strengthens that foundation. Reduce Holiday Stress for Everyone The holiday season is already packed with to-do lists, events, and expectations. Adding conflict with your co-parent to the mix only creates unnecessary stress for you and your child. Proactive communication about gifts eliminates last-minute surprises, arguments over spending, and the tension that comes from uncertainty. When you have a plan, you can relax and enjoy the season. You won't have to worry if your gift will be overshadowed or if a misunderstanding will lead to an argument on Christmas morning. This peace of mind is invaluable. By addressing potential issues ahead of time, you free up emotional energy to focus on creating positive memories with your child. A stress-free parent contributes to a stress-free holiday atmosphere, which is the best gift you can give your family. When Communication Breaks Down Ideally, every co-parenting conversation would be smooth and productive. However, reality can be more complicated. If discussing holiday arrangements, gifts, or other co-parenting matters consistently leads to conflict, it may be time to seek professional guidance. Disagreements over finances, parenting time during the holidays, or general communication can become overwhelming. If you find yourself unable to reach an agreement, help is available. Angela at Grant Lee Law specializes in family law and is experienced in helping parents navigate the complexities of co-parenting. She can provide mediation services or legal advice to help you find common ground and establish clear, effective strategies for handling the holidays and beyond. Reaching out for support is a sign of strength and a commitment to your child's well-being.  Create a Harmonious Holiday Season Coordinating Christmas gifts with your former spouse is a small effort that yields significant rewards. It helps you avoid duplicates, manage finances fairly, present a united front, and reduce overall holiday stress. By prioritizing open communication and collaboration, you set a powerful example for your child about respect, teamwork, and the true spirit of the season. Your goal is to create a loving and stable environment for your child, and that doesn't stop during the holidays. A little planning goes a long way in ensuring the season is filled with joy, not tension. Remember to approach the conversation with a positive and practical mindset, always keeping your child's happiness as the central focus.