What if I miss the deadline to serve and file my Answer and Plan of Care?

2. Ask the court for more time

Only the court can give you more time to and your Answer and Plan of Care. The (CAS) can't do this. You must ask a court. And you should do this as soon as possible.

The longer you wait, the harder it might be to show the court that you need more time to prepare your plan. The delay might harm your relationship with your child and prevent you from taking part in the court case.

You can only ask the court that's listed at the top of the CAS for more time.

How you apply for more time depends on the court. Different courts have different processes. For example, you may have to:

  • ask for more time at your next court date, or
  • file a Form 14B: Motion Form asking the court to give you more time.

Call the court listed at the top of your protection application for information on how to apply for an extension or visit your local Family Law Information Centre to see if an Advice Lawyer can help you.

When you apply for more time, you have to explain to the court why you couldn't meet the deadline. For example, if a serious illness stopped you from being able to serve and file in time.

You should also tell the court why it would be in your child's best interests for you to take part in the court case. You can describe your relationship with the child and how you want to care for them or have to them.

The court usually agrees to more time if it feels it's in your child's best interests. This is because the court usually wants to hear from a parent and for the parent to present a plan.

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