Introduction
In Ontario family law, when a party is served with an Application (Form 8), it means that legal proceedings have been started against them. This typically involves issues such as divorce, decision-making responsibility (custody), parenting time (access), child support, spousal support, or property division.
What is an Answer?
An Answer (Form 10) is a legal document filed by a respondent in response to an Application (Form 8) in Ontario family law proceedings. According to Rule 10 of the Ontario Family Law Rules, the respondent must serve and file their Answer within 30 days after being served with the Application if they were served in Canada or the United States, or within 60 days if served outside these jurisdictions. The Answer sets out the respondent’s position regarding the claims made by the applicant and may include any claims the respondent wishes to make against the applicant.
Filing an Answer is essential for the respondent to dispute the applicant’s allegations, present their own version of events, and make any claims for relief. The Answer forms the basis for the court’s understanding of both parties’ positions and ensures that the respondent’s perspective is considered in the proceedings.
If the respondent does not file an Answer within the required timeframe, Rule 1(8) of the Ontario Family Law Rules allows the court to note the respondent in default. This means the court may proceed without the respondent’s input, and the applicant may be granted the orders they are seeking by default.
Consequences of not filing an answer
Failing to file an Answer (Form 10) in response to an Application (Form 8) in Ontario family law proceedings can have significant consequences for respondents. If the respondent does not serve and file their Answer within the timeframe set out in Rule 10 of the Ontario Family Law Rules—generally 30 days after being served in Canada or the United States, or 60 days if served elsewhere—the court may note the respondent in default.
What does it mean to File an Answer in a Divorce? (Ontario Family Law)
In Ontario family law, filing an Answer (Form 10) is a critical step for anyone responding to a divorce Application (Form 8). When a person (the applicant) starts divorce proceedings, they serve the other party (the respondent) with an Application outlining their claims regarding issues such as the divorce itself, parenting arrangements, child support, spousal support, and property division.
The respondent must then file an Answer with the court. This is their formal opportunity to respond to each of the claims made in the Application. In the Answer, the respondent should indicate whether they agree or disagree with each issue, provide their own version of events, and set out any claims or requests they wish the court to consider.
It is essential for the respondent to file and serve the Answer within 30 days of being served in Canada or the United States (or 60 days if served outside these jurisdictions). Filing an Answer ensures the respondent’s perspective is considered by the court and allows both parties’ positions to be properly evaluated during the legal process.
If you have questions about preparing or filing an Answer in a divorce proceeding, seeking advice from an experienced family lawyer—such as those at Tailor Law—can help protect your rights and interests.
What the Answer Should Contain (Ontario Family Law)
In Ontario family law proceedings, the respondent must file an Answer (Form 10) in response to the applicant’s Application (Form 8) within 30 days of being served in Canada or the United States, or within 60 days if served outside these jurisdictions, as set out in Rule 10 of the Ontario Family Law Rules.
The Answer should address each of the claims made in the Application, clearly stating whether the respondent agrees, disagrees, or has a different position regarding each issue. The respondent should provide detailed facts and legal reasons supporting their position, and may also include any claims of their own, known as a “claim by respondent.” If the respondent is seeking relief from the court, those requests must be set out in the Answer.
A signed statement of truth must also be included at the end of the Answer. This confirms that the information provided is accurate and complete to the best of the respondent’s knowledge. Filing a thorough and timely Answer is essential, as it ensures the respondent’s perspective is considered by the court and helps protect their legal rights throughout the family law process.
What Happens When the Other Party Doesn’t File An Answer? (Ontario Family Law)
In Ontario family law proceedings, if the respondent does not serve and file an Answer (Form 10) within the required timeframe—generally 30 days after being served with the Application (Form 8) in Canada or the United States, or 60 days if served elsewhere—the applicant can ask the court to note the respondent in default under Rule 1(8) and Rule 10 of the Ontario Family Law Rules.
Noting in Default: Once a respondent is noted in default, the applicant may proceed with the case without further notice to the respondent. The court may grant the orders requested by the applicant, such as parenting arrangements, child or spousal support, or property division, based solely on the applicant’s evidence and submissions.
Default Orders: The court can make orders in the respondent’s absence, which may include significant decisions about children, support, or property. The respondent will be required to comply with these court orders, even though they did not participate in the process.
Setting Aside a Default: It can be difficult for a respondent to set aside a default order. The respondent must bring a motion to the court and show a valid reason for not filing the Answer on time, as well as demonstrate that they have a genuine defence or response to the claims. The court has discretion and may not always grant the request to set aside the default.
Key Takeaway: Failing to respond to a family law Application can result in serious and lasting legal consequences. It is crucial for anyone served with an Application to file an Answer within the deadline and seek legal advice if they are unsure about the process.
How to Respond When the Other Party Doesn’t File An Answer (Ontario Family Law)
If the respondent does not file and serve an Answer (Form 10) within the required timeframe in Ontario family law proceedings, the applicant can take the following steps:
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Request to Note the Respondent in Default:
The applicant may ask the court to note the respondent in default under the Ontario Family Law Rules. This formally acknowledges that the respondent has not responded within the prescribed period (generally 30 days after service in Canada or the United States, or 60 days if served elsewhere).
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Proceeding Without the Respondent:
Once the respondent is noted in default, the applicant may proceed with the case without further notice to the respondent. The court may consider and decide the applicant’s claims based on the materials filed, even in the absence of the respondent’s participation.
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Requesting Orders from the Court:
The applicant can ask the court to grant the orders set out in their Application—such as parenting arrangements, support, or property division. The court will review the applicant’s evidence and submissions before making any orders.
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Service of Materials:
Even if the respondent is noted in default, the applicant is generally required to serve any further motion materials or court documents on the respondent, unless the court orders otherwise.
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Timeliness and Procedure:
It is essential for the applicant to comply with all procedural and timing requirements set out in the Family Law Rules to ensure that any orders granted are valid and enforceable.
Note:
A respondent who has been noted in default may bring a motion to set aside the default if they have a valid reason for not filing an Answer on time and can demonstrate a genuine response to the claims. However, setting aside a default is not automatic and requires court approval.
Conclusion
In conclusion, it is essential for anyone involved in a divorce proceeding to understand the importance of filing an Answer and to seek legal advice as necessary. Consulting with an experienced Divorce Lawyer can significantly improve the chances of a favourable outcome.
Respondents in Ontario family law matters must be aware of the serious consequences of failing to file an Answer (Form 10) in response to an Application (Form 8). If a respondent does not serve and file an Answer within the required timeframe—typically 30 days after being served in Canada or the United States, or 60 days if served elsewhere—the applicant may ask the court to note the respondent in default.
Filing an Answer is a crucial step that enables respondents to present their side of the story, dispute the applicant’s claims, and put forward any defences or claims of their own. Responding within the specified timeframe ensures that the respondent’s interests and rights are considered by the court.
For applicants, if the other party fails to file an Answer, it is important to follow the correct legal procedures and consider seeking legal advice to ensure all steps are properly completed.
Understanding the Ontario family law process and the implications of missing deadlines is essential for anyone involved in a family law case. Consulting with an experienced family or divorce lawyer in Mississauga —such as those at Tailor Law—can help protect your rights and improve the likelihood of a favourable outcome.
