Respond to a Family Law Act Application

Overview

We recommend that you talk to a lawyer before taking any steps.

A Family Law Act Application is made up of the following:

• Claim form:
  • what the applicant (ie, the person making the application) is asking for
  • your court date and the court’s address
  • which court the application was filed
  • where you must file your court forms
• statement(s) of the applicant’s evidence

Determine your response

You must prepare for court whether you agree or disagree with what the applicant is asking for.

Unless the applicant or their lawyer agrees to give you extra time, you must prepare for court within:

• 20 days if you were served in Alberta
• 1 month if you were served in Canada
• 2 months if you were served outside of Canada

How to respond if you agree with the applicant’s claims

Step 1. Fill out the form

Fill out the beginning of the Response – Family Law Act form.

1. Check off whether you agree or disagree with what the applicant is asking for and list the order(s) in the appropriate boxes.
2. If you want to ask for other orders:
   • check the appropriate boxes in Part II
   • write a brief statement in number 5 for each item you checked off

Step 3. Copy the form

Make 2 copies of the form.

Step 4. File your form

File the form at the same court where the claim was originally filed.

The clerk keeps the original and stamps your copy.

Step 5. Serve your form

The form can be served to the applicant by bringing or sending the copy to the:

• lawyer's address
• applicant's address, if the applicant doesn’t have a lawyer

The person who serves the affidavit must fill out an Affidavit of Personal Service form.

Step 6. File the affidavit with the court

File the Affidavit of Personal Service with the court.

Step 7. Go to court

Go to court without filing any other forms.

How to respond if you disagree with the applicant’s claims

Step 1. Fill out the form

Fill out the beginning of the Response – Family Law Act form.

1. Check off whether you agree or disagree with what the applicant is asking for and list the order(s) in the appropriate boxes.
2. If you want to ask for other orders:
   • check the appropriate boxes in Part II
   • write a brief statement in number 5 for each item you checked off

Step 2. Fill out your Reply Statements

Fill out a Reply Statement for each order you disagree with. Find the statement(s) you need in the Respondent’s Forms section.

Have your statement(s) sworn by a commissioner for oaths.

Step 3. Copy your documents

Make 2 copies of all the statement(s) and forms.

Step 4. File your forms

File the forms at the same court where the claim was originally filed.

The clerk keeps the original and stamps your copies.

Step 5. Serve your forms

The applicant must receive one copy of your forms before your court date. The forms can be served to the applicant by:

• bringing or sending the copies to the lawyer's address
• if the applicant doesn’t have a lawyer, bringing or sending the copies to the applicant's address

The person who serves the affidavit must fill out an Affidavit of Personal Service form.

Step 6. File the affidavit with the court

File the Affidavit of Personal Service with the court.

Step 7. Go to court

Attend the court hearing that’s listed in your Notice of Hearing on the designated day, at the appropriated time. Bring both copies of your forms and documents.