What to do if the other party does not respond to your application to get a court Order

Note: Mouse over any of the terms in green type to see a definition.

If you have filed documents to get an Order from the court and the other party has not responded, what you do next depends on what type of documents you have filed and whether your case is in Provincial or Supreme Court.

Note: The other party is allowed a certain amount of time to file his or her documents, and you must wait for this time to run out before you can take any steps.

Often the judge or master will not strictly enforce timelines, especially if either you or the other party is not represented by a lawyer. For example, if the other party does not initially respond to your application but shows up at a court date or responds later, depending on the circumstances, the judge/master will usually extend the timelines. The judge/master extends timelines because he or she is better able to make a fair decision after hearing from all of the parties involved.

Provincial Court

If no response to an Application to Obtain an Order

File an Affidavit of Service and ask for an "appearance." The court clerk will give you a court date. When you go to court, the judge can make interim or final Orders.

More information

If you are trying to get an Order in Provincial Court and the other party does not respond within the amount of time set out in the rules:

  1. File an Affidavit of Service at the registry. See our self-help guides on How to serve documents for information on how to fill out an Affidavit of Service and how to serve documents.
  2. When you are at the registry, ask the court clerk to give you a court date. This is called an "appearance." The court clerk will send notice of the court date to the other party, and the other party may decide to show up to the court date.
  3. Prepare your documents. (See our self-help guide Changing family orders in the Provincial Court of British Columbia.)
  4. Go to the court date with your prepared documents. Be ready to tell the judge which Order you want and why. If the other party (respondent) does not show up, the judge can:
    • make an interim Order;
    • assume that the other party consents (agrees) to the Order;
    • make assumptions about the other party's income;
    • issue a summons that requires the other party to attend court; and
    • make a final Order. (See our fact sheet The difference between a final order and an interim order.)

If no response to an Application to Change or Cancel an Order

File an Affidavit of Service and ask for an "appearance." The court clerk will give you a court date. When you go to court, the judge can make interim or final Orders.

More information

If you are trying to change or cancel an Order and the other party does not respond within the amount of time set out in the rules:

  1. File an Affidavit of Service at the registry. See our self-help guides on How to serve documents for information on how to fill out an Affidavit of Service and how to serve documents.
  2. When you are at the registry, ask the court clerk to give you a court date. This is called an "appearance." The court clerk will send notice of the court date to the other party, and the other party may decide to show up to the court date.
  3. Prepare your documents. (See our self-help guide Changing family orders in the Provincial Court of British Columbia.)
  4. Go to the court date with your prepared documents. Be ready to tell the judge which Order you want and why. If the other party (respondent) does not show up, the judge can:
    • make an interim Order;
    • assume that the other party consents (agrees) to the Order;
    • make assumptions about the other party's income;
    • issue a summons that requires the other party to attend court; and
    • make a final Order. (See our fact sheet The difference between a final Order and an interim Order.)

Supreme Court

If no response to a Writ of Summons and Statement of Claim — including divorce

This is an undefended or uncontested divorce.

More information

If you file a Writ and Statement of Claim in Supreme Court that asks for a divorce and the other party does not respond within the timeframe set out in the rules, this is called an "undefended" or "uncontested" divorce. See our self-help guide Do your own uncontested divorce for step-by-step help with filing for divorce from your spouse by yourself.

Special rules apply to undefended or uncontested divorces. The court can make an Order for divorce, as well as Orders for custody, guardianship, child support, spousal support, and property division without you or your spouse going to court. This is called a "desk Order."

However, you must take a number of steps to prove that the other party has been served and that appropriate arrangements have been made for any children. Our self-help guide Do your own uncontested divorce will give you step-by-step help with this process.

If no response to Writ of Summons and Statement of Claim — not including divorce

Go to court to get a default judgment under Supreme Court Rule 17 or Rule 25.

More information

If you file a Writ and Statement of Claim in Supreme Court that asks for Orders for custody, guardianship, child support, spousal support, and property division, but no divorce, and your spouse does not respond within the timeframe set out in the rules, you will have to ask the court for a default judgment:

  • If no Appearance is filed, you will have to ask the court for a default judgment under Rule 17 of the Supreme Court rules.
  • If no Statement of Defence is filed, you will have to ask the court for a default judgment under Rule 25 of the Supreme Court rules.

In either case, the process is the same:

  1. Provide the court registry with proof that the other party has been served with your documents by filing the Affidavit of Service.
  2. File a Requisition saying that the other party has not filed an Appearance or Statement of Defence. The registry staff will check to make sure this is the true and will note this on the Requisition. The registry staff will then give you a time to appear in front of a judge or master in Chambers to ask for your Orders.

If no response to a Notice of Motion (application for interim Order)

Show up in court with your materials, and the judge can make an Order.

More information

Once a Supreme Court action is started, you may decide to ask the court for an interim Order. Because taking a case to trial can take such a long time and can be so expensive, most family cases are not resolved through full trial. Instead, most people ask the court for interim Orders and then negotiate a final resolution later. For more information, see our fact sheet The difference between a final order and an interim order.

If you have filed a Notice of Motion asking the court for an Interim Order and the other party does not respond within the timeframe set out in the rule:

  1. Follow the step-by-step instructions in our self-help guide Getting an initial family order in the Supreme Court of British Columbia, including filing and serving all the required documents.
  2. Go to court on the specified day. Be ready to let the judge/master know which Orders you want. The judge/master will require some evidence that you served the other side with the documents. The judge/master will decide whether to go ahead and hear your application without the other party there. He or she might make Orders about what other evidence needs to be brought to court before a decision is made, or may simply make an interim Order.

 

A document that certifies that other documents have been served on (personally delivered to) the person they are intended for. It must be signed and sworn or affirmed by the person who served the documents.
Any order made before a trial and intended to be temporary.
One of the documents a defendant must file if he or she objects to the Statement of Claim (Form 128).
Can refer to where and with whom a child lives, or where a child lives and the rights and responsibilities of a parent regarding the child in his or her care.
The act of delivering or leaving documents with the other party. Usually followed by completing and swearing or affirming an Affidavit of Service to certify that the documents were received by the other party.
A document filed in the court registry that tells the court what you want.
Money paid by one party to the other party as financial support. Support can be paid for a former spouse or for any or all children.
The responsibility for making major decisions for children about such things as what kind of education, health care, or religious training they will receive, and how to manage anything the children may own, such as property or money.
In a Supreme Court family proceeding, a document that tells the court more about you and the other party, such as the details of your marriage and separation, and exactly what you are asking for. This form is used for both divorce and family orders applications. If you are applying for divorce or family order jointly with your spouse, you would use a Joint Statement of Claim (Form 128A).
In Supreme Court proceedings, a document that the defendant must complete and file if he or she wants to object to the plaintiff's Statement of Claim (Form 128 or 128A).
A document that tells the court who you are and gives a summary of what you want. In a divorce or family proceeding, the Writ of Summons (Form 127) includes information for the other party. It explains what his or her rights are after being served with these documents, and what he or she needs to do to defend (fight) the divorce or family action. If you are applying jointly with your spouse, you would use a Joint Writ of Summons (Form 127A).
An uncontested divorce. The parties can ask for a divorce order by filing a Requisition with other documents, and they do not have to appear in front of a judge in the Supreme Court.
In many court proceedings, a term used for a party who responds to the application.

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