Responding

The person who begins proceedings in the Court is known as the applicant.  The applicant must give an official copy of the application and other documents to the other person involved in the case.  This is known as service.  The person who receives the copy of the application is known as the respondent.

If you are the respondent in a family law matter, you have the opportunity to respond to the application.

What can you do as a respondent?

As a respondent, you will be served with copies of the application and any other documents such as affidavits which have been submitted to the Court. You may also receive a blank form to respond to the application.

If you are served with an application from your former partner, you can do any of the following:

  • do nothing and allow the Court to decide whether it will grant orders by default in favour of the applicant.
  • agree to the orders the other person has asked for, sign a consent order and file a Notice of Address for Service Form 8.
  • disagree with the orders the other person has asked for and apply for different orders by filing a response namely, a Response to an Application for Final Orders Form 1A, where interim orders are being sought A Response to an Application in a Case Form 2A or where a divorce has been applied for, Response to a Divorce Application Form 3A.
  • argue that the Family Court does not have authority to hear the matter by completing and filing one of the following forms: a Response to an Application for Final Orders Form 1A or where a divorce has been applied for, a Response to a Divorce Application Form 3A.

Do respondents pay a fee?

Generally, if there is a fee for filing an application, there will also be a fee for responding to an application.  The fees for filing and responding to an application are the same.  You may be exempt from paying the fee or you may be able to ask for the fee to be waived.  Ask the court staff about fee exemptions and waivers.

Where do you respond?

To file a response to an application, you must complete the response form and file it at the court registry where the original application was made.

Responding to common applications.

Response to Application for Final Orders Form 1, seeking final orders about  children; orders in a financial or property case (when you will also be required to file a Financial Statement Form 13); maintenance applications; or if you think the Court does not have jurisdiction (authority); or for respondents

Form to use… Response to an Application for Final Orders  Form 1A – Filing fee $172 (always check to see if you qualify for a reduced or waivered fee and if the fee has increased) .

Response to Application in a Case Form 2 for interim orders about children’s matters or property matters (note you can only file such an application.  If you are also filing, or have already filed, an Application for Final Orders (Form 1), a Response to an Application for Final Orders (Form 1A), or a Reply (Form 1B) seeking orders about the same subject matter.

Response to an Application in a Case Form 2A  No filing fee.  Locate Forms here