What to do if the other party doesn't respond to your application for an order

If the other party hasn't responded to your application for a court order, and the deadline to respond has passed, what you should do next depends on which documents you filed and in which court:

Provincial Court

Application to Obtain an Order or
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 get, change, or cancel an order in Provincial Court and the other party doesn't respond within the amount of time set out in the rules:

  1. File an Affidavit of Service at the registry. For more information, see our self-help guide How to serve Provincial Court documents.
  2. When you go to the registry, ask the court clerk to give you a court date. This is called an appearance. The court clerk will send a notice to the other party, and the other party may show up to the court date.
  3. Prepare your documents. (For help, see one of our guides: either Changing family orders or How to get an initial family order if you don't yet have one.)
  4. Go to the court date with your documents. Be ready to tell the judge which order you want and why. If the other party (respondent) doesn't show up, the judge has many different choices:
    • Make an interim order.
    • Assume that the other party consents (agrees) to the order.
    • Make assumptions about the other party's income (in the case of support orders).
    • Issue a summons that requires the other party to attend court.
    • Make a final order. (For more information, see our fact sheet What makes an order final?)

Be aware that, even if the other party doesn't respond to your application before the deadline, if they show up at a court date or respond later, the judge or master could allow their response and extend the timelines — especially if they do not have a lawyer. This is because it is difficult to make a fair decision without having heard from all of the parties involved.

Supreme Court

Notice of Family Claim (Form F3)

You have to prove that the other party has been served and that appropriate arrangements have been made for any children in order to get a desk order.

More information

If you file a Notice of Family Claim (Form F3) in Supreme Court and the other party does not respond within the timeframe set out in the rules, this is known as an undefended family law case (or for divorce, it might be called uncontested). Special rules apply to these cases. The court can make an order for divorce, custody, guardianship, support, and property division without having heard from one of the parties. This is called a desk order.

However, before the court can do so, you must take a number of steps to prove that the other party has been served with the documents and that appropriate arrangements have been made for any children. For step-by-step help with this process, see our self-help guide How to do your own undefended (uncontested) divorce. (You can still use this guide for other orders even if you aren't asking for a divorce order.)

Be aware that, even if the other party doesn't respond to your application before the deadline, if they show up at a court date or respond later, the judge or master could allow their response and extend the timelines — especially if they do not have a lawyer. This is because it is difficult to make a fair decision without having heard from all of the parties involved.

Notice of Application (Form F31) for a non-final order or a change order

Show up in court with your materials, and the judge or master can make an order.

More information

Taking a case to trial can take a long time and be very expensive.  Most family cases are not resolved at trials. Instead, many people ask the court for a non-final order (sometimes called an interim order) and then negotiate a final resolution later, outside of court. For more information, see our fact sheet What makes an order final?

If you have filed a Notice of Application (Form F31) asking the court for a non-final order and the other party doesn't respond by the deadline:

  1. Follow the step-by-step instructions in the self-help guide that applies to you (either How to get a non-final family order or How to change a family order), including filing and serving all the required documents.
  2. Go to court on the appointed day. Be ready to let the judge/master know which orders you want. You will need to show evidence that you served the other side with the documents. The judge/master will then decide whether to:
    • hear your application without the other party there,
    • make an order about what other evidence needs to be brought to court before a decision can be made, or
    • make a non-final order.

Be aware that, even if the other party doesn't respond to your application before the deadline, if they show up at a court date or respond later, the judge or master could allow their response and extend the timelines — especially if they do not have a lawyer. This is because it is difficult to make a fair decision without having heard from all of the parties involved.

Any order made before a trial and intended to be temporary. Also called a non-final 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, who cannot be one of the parties involved in the case.
A judicial officer of the Supreme Court who can decide certain matters. Generally, a master may decide about interim orders for custody, guardianship, access, and support. A master may not change a judge's final order or grant a divorce.
This term refers to situations where a court action involves more than one territorial jurisdiction (for example, one or more of the parties live outside BC).
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.
Generally means the time children spend with the parent they do not usually live with. However, access is not limited to the parent who does not have custody — any person can apply for access to a child (including grandparents, aunts and uncles, and other relatives).
A document that contains facts that you swear under oath or affirm to be true. A lawyer, notary public, or commissioner of oaths must witness your signature and sign your affidavit.
In many court proceedings, a term used for a party who responds to the application.
An undefended (uncontested) divorce. The parties can ask for a divorce order by filing a Requisition (Form F17) with other documents, and they do not have to appear in front of a judge in the Supreme Court. (See "Rule 10-10: Undefended Family Law Case" in the BC Supreme Court Family Rules.)
The act of delivering or leaving documents with the other party. Usually followed by completing and swearing or affirming an Affidavit of Personal Service (Form F15) or Affidavit of Ordinary Service (Form F16) to certify that the documents were received by the other party.
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.
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 document that starts a family law case. It sets out information about the claimant and respondent, their relationship, and the final orders the claimant wants. If you are applying jointly with your spouse for a divorce, you would use a Notice of Joint Family Claim (Form F1). Under the old Supreme Court Rules, the documents used to start an action were the Writ of Summons and Statement of Claim.
A document that tells the judge/master and the other party what type of non-final or change order an applicant is asking for, what evidence he or she will use to support the application, what the legal basis is for the order being requested, and how long the applicant thinks the hearing will take. Under the old Supreme Court Rules, this was called a Notice of Motion.
Any order made before a trial or before a final agreement has been reached by the parties, that is intended to be temporary. Also called an interim order.

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