Wait and respond
You'll need
- To wait up to five business days to receive the other person's response
- A responding Affidavit (Form F30), if the other person raised new facts or issues in their response
The other person has five business days from the time they were served with your Notice of Application (Form F31) and other documents to oppose or respond to the application. They do this by filing documents at the court registry and serving them on you.
If they agree with your application
If the other person agrees with what you're asking for, you have a few options. You can both show up in court on the date set for the hearing and ask for a consent order. Or you can go to our step-by-step guide Get an interim family order in Supreme Court if you both agree, which is simpler and might not involve going to court. You can work out a written agreement with the other person that can be filed in court.
If they still don't agree with your application
If the other person doesn't agree with what you're asking for, within five business days of being served with your documents, they must file the following forms at the court registry and serve you with them:
- an Application Response (Form F32), and
- each Affidavit (Form F30) and any other document they refer to in their Application Response that hasn't already been filed.
Prepare and file a responding Affidavit (Form F30), if necessary
If the other person has raised new facts or issues in their Affidavit that you'd like to address, you can file a responding Affidavit. If you don't need to file a responding Affidavit, you can go straight to Step 5.
In your responding Affidavit (Form F30), respond only to those new issues or facts that you haven't already addressed in your earlier Affidavit to support the application. Your responding Affidavit must contain:
- a description of who you are, and
- your response to the new facts or issues raised in the other person's Affidavit.
You must file your responding Affidavit with the registry and serve it on the other person no later than 4 pm on the business day that's one full business day before the hearing date. (This means that one full business day must pass in between the day you file the documents and the hearing day.)
For help writing the Affidavit, see:
- Checklist of information to include in an affidavit or bring to court,
- How do you write an affidavit? and
- Write an affidavit.
The Affidavit contains technical instructions to help you fill it out. For more help, see Common questions about the Supreme Court PDF forms.