I have been served with an application in my family law case. What do I do now?

Once you have been served with an application, if you intend to do so, it is crucial that you retain a lawyer immediately or if you have already retained a lawyer, it is important to provide the application to your lawyer as soon as possible. If you intend to represent yourself in your matter, it is important that you comply with the deadlines as outlined in the Family Law Rules. Once you have been served with an application, there are time deadlines that must be adhered to.

An application in a family law case initiates a court case and sets out the grounds that the person starting the case is relying upon and the orders that they would like the court to make.

The way to respond to an application is dependent on whether or not you agree with the claims being made in the application that has been served. If you disagree with the claims being made in the application, and the application was served within Canada, there a 30-day window to reply to these claims.

In the event that a legal application is served outside of Canada or the United States, the individual is allotted 60 days to respond, as opposed to 30.

A legal answer is the document prepared that acts as a response to the application.

In the event that you decide not to file an answer, the applicant is entitled to ask the court to file an order in response to the claims outlined in the application. Under these circumstances, the order would be made based on the claims outlined in the application, due to the fact that the claims went through unopposed. The judge would not hear from you and therefore you will not be entitled to participate in matters pertaining to these claims with regard to the case any further.

For more information on applications and answers as well as the service our firm provides in the realm of family law, contact Krol & Krol at 905.707.3370.