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Family Law Rules – Rule 10: Answering a Case

Angela Princewill

November 14, 2015

RULE 10:  ANSWERING A CASE

SERVING AND FILING ANSWER

10. (1) A person against whom an application is made shall serve an answer (Form 10, 33B, 33B.1 or 33B.2) on every other party and file it within 30 days after being served with the application.  O. Reg. 114/99, r. 10 (1); O. Reg. 91/03, s. 2; O. Reg. 519/06, s. 4.

TIME FOR ANSWER — APPLICATION SERVED OUTSIDE CANADA OR U.S.A.

(2) If an application is served outside Canada or the United States of America, the time for serving and filing an answer is 60 days.  O. Reg. 114/99, r. 10 (2).

EXCEPTION — PLACEMENT FOR ADOPTION

(2.1) In an application to dispense with a parent’s consent before adoption placement, (Form 8D.1), the time for serving the answer is,

(a) 20 days, if the application is served in Canada or the United States of America;

(b) 40 days, if the application is served outside Canada or the United States of America.  O. Reg. 337/02, s. 2.

ANSWER MAY INCLUDE CLAIM

(3) A respondent may include in the answer,

(a) a claim against the applicant;

(b) a claim against any other person, who then also becomes a respondent in the case.  O. Reg. 114/99, r. 10 (3).

ANSWER BY ADDED RESPONDENT

(4) Subrules (1) to (3) apply to a respondent added under subrule (3), except that the time for serving and filing an answer is 14 days after service on the added respondent, or 30 days if the added respondent is served outside Canada or the United States of America.  O. Reg. 114/99, r. 10 (4).

CLAIM FOR CUSTODY OR ACCESS

(4.1) An answer that includes a claim for custody of or access to a child shall be accompanied by the applicable documents referred to in rule 35.1.  O. Reg. 6/10, s. 3.

NO ANSWER

(5) The consequences set out in paragraphs 1 to 4 of subrule 1 (8.4) apply, with necessary changes, if a respondent does not serve and file an answer. O. Reg. 322/13, s. 6; O. Reg. 142/14, s. 5.

REPLY

(6) A party may, within 10 days after being served with an answer, serve and file a reply (Form 10A) in response to a claim made in the answer.  O. Reg. 114/99, r. 10 (6).

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