Responding to a Court Answer: A Step-by-Step Guide

In family law proceedings, responding to an answer from the opposing party is a crucial step that requires precision and timely action. This guide offers a detailed walkthrough of the process of replying to a Form 10: Answer with a Form 10A: Reply, outlining the importance of this response and the best practices for completing and submitting it.

The Importance of a Form 10A: Reply

When you initiate a court application and the opposing party responds with a Form 10: Answer, it’s your opportunity to address any new claims or issues they’ve introduced. The Form 10A: Reply is not just a procedural step; it’s your chance to clarify your stance, counter any new information presented, and ensure that your perspective is accurately represented in the legal process.

Timeline for Response

After receiving a Form 10: Answer, you have a strict timeline of 10 days to respond. Adhering to this timeframe is crucial to maintain the momentum of your case and to demonstrate your commitment to resolving the issues at hand.

Structure of the Form 10A: Reply

The Form 10A: Reply is structured to specifically address the new claims or issues raised in the opposing party’s answer. It’s not a reiteration of your initial application but rather a focused response that directly addresses any new information or discrepancies presented by the other side.

Steps to Prepare and Submit a Form 10A: Reply

1. Review the Answer Carefully: Before drafting your reply, thoroughly review the Form 10: Answer submitted by the opposing party. Take note of any new claims, factual discrepancies, or legal arguments they have presented.
2. Drafting Your Reply: Begin by clearly stating your response to each new claim or issue. Be concise and focused, directly addressing the points raised without diverging into unrelated matters.
3. Supporting Your Statements: If you’re countering any of the claims made in the answer, provide evidence or legal references to support your response. This might include financial documents, correspondence, or other relevant materials that substantiate your position.
4. Legal Assistance: If you’re unsure about how to structure your reply or address specific claims, consider seeking legal advice. A lawyer can provide clarity on the legal implications of the claims and guide you in preparing a robust and effective response.
5. Filing the Reply: Once your Form 10A: Reply is complete, file it with the court within the 10-day deadline. Ensure that you also serve a copy to the opposing party, adhering to the proper service procedures as outlined in the Family Law Rules.
6. Document Organization: Keep a well-organized record of all documents and correspondence related to your case, including your reply and any supporting materials. This will be invaluable for reference throughout the proceedings.

Additional Resources

For a comprehensive understanding of the process and detailed guidance on preparing your Form 10A: Reply, refer to other resources at FamilyLLB.com on the Ontario Government websites. These resources will provide step-by-step instructions and practical tips for navigating this stage of the family law process.

Margie Primero-Pimentel, Junior Managing Associate Lawyer & Mediator

Responding to an answer in a family law case is a critical juncture that requires careful attention and timely action.

By understanding the significance of the Form 10A: Reply and following the structured process outlined in this guide you can ensure that your response is effective, legally sound, and reflective of your stance in the ongoing legal proceedings. Remember, thorough preparation, precise communication, and adherence to legal procedures are key to successfully navigating this stage of your family law case.

*this article was based, in part, on A Guide to Process for Family Cases at the Superior Court of Justice Ontario Superior Court of Justice (October 2023)

Stay in Touch

Be sure to find out more about the "new normal", by visiting our Covid-19 and Divorce Information Centre.