The Application

This is an originating process and the first step in your Family Law court proceeding and is completed by the person who is initiating the process, known as the Applicant. The Application is where the applicant is seeking some kind of relief, and is asking the court to grant such relief based on a set of facts. This is the Applicant’s opportunity to tell his or her side of the story and to outline the circumstances about why this application is being commenced. Due to the fact that an Application is the start of a proceeding, it must be served on the opposing side, meaning that the intended recipient of the application must be notified and given a copy of the document before anything can proceed any further. After service has been effected, the intended recipient, known as the Respondent, must then respond back. The application must be filed with the court.

The Answer

This is the document that responds to the application. Any and all claims made by the Applicant in the Application should be dealt with in the Answer, whether it be to affirm or to deny them. The Answer is the Respondent’s opportunity to tell his or her version of the story and to raise issues that were not originally in the Application. The Answer must be served on the Applicant within 30 days of receiving the initial Application. The Answer must also be filed with the court.

The Reply

Once the Applicant receives the Answer, he or she then has to opportunity to respond to claims made. The Applicant must do this within 10 days of receiving the Answer. Unlike the Application and the Answer, the Reply does not allow for new facts or claims to be made. It must simply deal with the claims made in the Answer. This document must be filed with the court, and served on the other party.