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  • Serving an application

    Hello if I file an application with family court do I have to serve it immediately or what is the time line?

  • #2
    Why wouldn't you?

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    • #3
      I was trying to give the respondent time to settle out of court, amicably.

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      • #4
        The option to settle outside of court is still open after they have been served.

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        • #5
          Originally posted by Bellbaby View Post
          I was trying to give the respondent time to settle out of court, amicably.
          You must had been obviously trying to settle it in your favor. He has a right to file a response and seek what he is requesting.

          Just a heads up that he could very well file an application just as well and serve you with it before you serve him and then his application overrides yours - you will be the respondent. I am not sure if this would work at the same court but if you have an application in Superior court, he can file an application in Ontario Court.

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          • #6
            Just a heads up that he could very well file an application just as well and serve you with it before you serve him and then his application overrides yours - you will be the respondent.
            That is incorrect - what matters is the date of filing, not date of service.

            I am not sure if this would work at the same court but if you have an application in Superior court, he can file an application in Ontario Court.
            If your jurisdiction is not unified, the superior court is above Ontario court. Thus, an application in Superior court would stay an earlier application to provincial court, however if you are already in Superior court you cannot move back to Provincial court.

            The option to shift to Superior court depends on the issues.

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