(LSEO)Serve and wait for response

Serve and wait for response

You'll need

 

Serve the documents

Serve the unfiled Notice of Application and your Affidavit on the other person. You can serve the documents by ordinary service. This means you can:

  • drop them off at a residential or business address,
  • send them by regular mail,
  • fax them with a Fax Cover Sheet (Form F95), or
  • email them.
You can only serve a document to an address the other person has listed as an address for service on their court documents. If you don't have documents with their address for service, mail it to their last known address. Be aware that if you mail the documents, they are not deemed to have been served until one week later on the date that you mailed them. If that day is a weekend, then they are deemed served the next business day.

 

A mailed document is considered served one week later on the same day of the week as the day of mailing. If that day is a Saturday, Sunday, or holiday, it'll be considered served on the next business day. Don't mail the documents if the hearing is less than 14 business days away.

A document that's emailed, faxed, or left at a person's address for service is considered served on that day if it's served at or before 4 pm on a business day. If it's left after 4 pm or on a Saturday, Sunday, or holiday, it's considered served on the next business day.

Complete the Affidavit of Ordinary Service (Form 16)

If you think the other person won't show up, you'll need to prove that you've served your documents on them by filling out an Affidavit of Ordinary Service (Form F16).

Attach copies of the served documents to the Affidavit. Each copy must be marked as an Exhibit and labelled Exhibit A, Exhibit B, Exhibit C, etc. (depending on how many documents there are). If the documents aren't attached and properly marked, your Affidavit won't be accepted by the court and you'll have to have the documents served again.

Take the Affidavit and attachments to a lawyer, a notary public, or a clerk at the court registry to swear or affirm that the documents have been served. (There's a fee for this.) The lawyer, notary, or clerk will sign the Affidavit, and stamp and sign each attachment. You can file the Affidavit of Ordinary Service when you file your documents in Step 5.

Have the sworn affidavit ready to show in court if the other person doesn't attend. If this happens, you can ask the judge to order the other person to pay part of your legal costs.

Wait for a response

The other person must respond within five business days from when they're served with your Notice of Application (Form F31).

The other person responds by serving you with:

  • an Application Response (Form F32), and
  • each Affidavit (Form F30) and any other document referred to in the Application Response that hasn't already been filed.

If the other person agrees with what you're asking for, you have three options:

  • Withdraw your application if you don’t need an order.
  • You continue follow the remaining steps (including to file and serve a Notice of Hearing of Application to set the hearing date) and you both show up in court on the date set for the hearing and ask for a consent order (an order you both agree to).
  • Switch to our step-by-step guide Get an interim family order in Supreme Court if you both agree and follow the steps. The process for getting an interim order if you agree can be simpler and you might not have to go to court.

If the other person does not agree with what you're asking for, move on through the next steps. 

Legally reviewed in October 2026
Updated on 1 October 2026

Quick links

Wellness

Paperwork can be tedious and tiring. Take breaks, drink water, and remember you don't have to do it all at once.