How to respond to a family court application in Ontario

If you have been served with a family court application in Ontario, you have 30 days to file a formal Answer using Form 10 (60 days if served outside Canada). Missing that deadline is serious — the court can grant the applicant everything they asked for without ever hearing from you. This is the single most time-sensitive moment in the Ontario family court process. Read the application, complete the Answer, file the Financial Statement if money or property is in issue, serve and file on time. Below is the step-by-step.

The Family Law Rules govern how the Answer is prepared, served, and filed. The 30-day clock starts the day you were served — not the day you opened the envelope, not the day you decided what to do about it.

Step 1 — Read the application carefully

The application — Form 8 if it includes claims beyond divorce, or Form 8A for a simple divorce — sets out exactly what the other spouse is asking the court to do. Read every paragraph. Note what is claimed: divorce, parenting time, decision-making, child support, spousal support, equalization of net family property, exclusive possession of the matrimonial home. Each claim has to be answered. If the application also includes a Financial Statement (Form 13 or 13.1), read that too — it shapes the financial picture the court is working with.

Step 2 — Calculate your deadline

30 days from the date you were served in Canada. 60 days if served outside Canada. The 30 days are calendar days, not business days. Write the deadline in your calendar in two places. If you cannot file in time and there is a good reason, you can ask the court for an extension under Rule 3 of the Family Law Rules — but extensions are not automatic, and missed deadlines without an extension are not generally forgiven.

Step 3 — Complete Form 10 (Answer)

Form 10 is the form for responding. Available at ontariocourtforms.on.ca. The Answer is structured: for each claim the applicant made, you state whether you agree, disagree, or have your own position. You can also include your own claims (counter-claims) — for example, the applicant asks for sole decision-making, and you ask for shared decision-making. State what you want clearly. Vague responses get bounced back.

Step 4 — Complete a Financial Statement if money or property is in issue

If the application claims support, equalization, or anything financial, you must file your own Financial Statement. Use Form 13 (Support claims only) or Form 13.1 (Property and Support). Pull out the supporting documents: three years of T4s, recent pay stubs, account statements, debt statements, property valuations. Skimping on disclosure here is the most common reason files stall at the first case conference. A Form 13A Certificate of Financial Disclosure goes with it, listing what you have produced.

Step 5 — Serve the Answer on the other side

The Answer (and Financial Statement, if applicable) must be served on the applicant or their lawyer. Service can be by mail, fax, email (if the other side has accepted email service), or process server depending on the rules. An Affidavit of Service (Form 6 or 6B) is sworn and filed with the court to prove service was completed.

Step 6 — File the Answer at the courthouse

File the Answer, the Financial Statement, the Certificate of Financial Disclosure, and the Affidavit of Service at the courthouse where the application was filed — in person, by mail, or through Family Submissions Online. Pay any required filing fee or apply for a fee waiver under Form 25.7. Keep stamped copies of everything you filed.

Step 7 — Prepare for the first case conference

Once your Answer is filed, the court will schedule a case conference — usually within 60 to 120 days. The case conference is where the file starts moving toward resolution. You will need to file a Form 17A Case Conference Brief in advance.

What happens if you do not respond?

The applicant can ask for a default order. The court can grant most of what the applicant requested without your input — including parenting time, decision-making, and support. Default orders can be set aside in some circumstances, but the process is expensive, uncertain, and emotionally taxing. Treat the 30-day window as immovable. If you cannot retain a lawyer in time, at least contact a paralegal or your local Family Law Information Centre — they can help you file a holding Answer that preserves your rights while you organise.

When to get advice fast

Within the first week of being served, ideally — and definitely within the first 14 days. Even an hour with a family-law lawyer or paralegal is enough to identify the most serious claims and structure your response. If finances are the barrier, Legal Aid Ontario offers limited services for income-qualifying clients, and many lawyers offer free 30-minute consultations. The cost of getting it wrong dwarfs the cost of getting advice early.

See your specific Ontario plan at cairnguide.ca/signup.