The Best Option for You
If You Go to Provincial Court
What if my former spouse does not file a Reply, or is late in filing - are there any consequences?
No Reply
If your former spouse (known as the Respondent once you have filed an Application) does not file a Reply, he or she will not be entitled to receive notice of any court hearing dates.
That means the Respondent may not be able to present his or her case to the judge, and may have no say in what the judge decides about the issues in your Application.
Late Reply
The Respondent has 30 days to file a Reply to your Application.
If the Respondent is late, but the judge has not yet made an order, court staff will accept and file the Reply, and the regular court process will continue (see How do I obtain a Provincial Court order?).
If, however, the judge has already made an order, the Respondent will need to
file a Notice of Motion (Form 16), asking that the court cancel the order. If the judge cancels the order, the regular court process will then continue. The Notice of Motion form is available from court staff or on-line.
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