Form 8: Reply to a Counter Application

When you need Form 8

A counter application is a request for an order about a different family-law matter included in the other party’s Form 6 reply. Form 8 lets you answer those new requests. It is not a replacement for Form 6, and it is not needed solely because the other person disagrees with your original application.

How to complete Form 8

1. Check whether the Form 6 reply actually contains a counter application. Read each requested order and the schedules that support it.
2. Copy the correct case information: court registry, file number and parties.
3. Respond to each new order sought, stating what you agree with and what you oppose, with concise facts supporting your position.
4. Complete the official form sections and schedules relevant to the counter application, and collect relevant supporting documents.
5. If required for the issues in the counter application, prepare Form 4 Financial Statement and any supporting financial documents.
6. File and serve Form 8 and any relevant Form 4 on every other party within 30 days after receiving the Form 6 containing the counter application.

The deadline starts when you receive it

Rule 34 sets a 30-day period after the date you receive the reply with counter application. The rule requires both filing and service within that period. This differs from the Form 6 deadline, which runs from service of the original application. Note the actual receipt date and keep proof of your filing and service.

Financial-statement exception

Rule 34 requires a Form 4 if relevant. Whether it is necessary depends on the support or other financial issues the counter application raises; read Form 8 and the current rules rather than treating Form 4 as universal for every counter application.

Worked example

Common mistake

Assuming the first Form 3 already answered the counter application, filing Form 8 without serving other parties, or counting 30 days from the wrong event.