When is Form F5 used?
A respondent who wants affirmative family-law relief—not merely to oppose what the claimant requested—may need a Form F5 Counterclaim. Under Rule 4-4, the counterclaim generally must be filed within 30 days after service of the Notice of Family Claim.
How is the counterclaim served?
The respondent must serve the filed counterclaim by ordinary service on all existing parties within the same 30-day period. If the counterclaim adds a person who is not yet a party, the respondent must, within 60 days after being served with the Notice of Family Claim, personally serve that new party with the filed counterclaim and the filed Notice of Family Claim.
Form F6 — Response to Counterclaim
A claimant or other person named as a respondent to the counterclaim generally has 30 days after service to file Form F6 and serve the filed response on all parties.
What can a counterclaim seek?
A counterclaim can seek family-law orders available under the Rules and relevant statutes. The correct claims depend on the facts and jurisdiction. It should not be used simply to repeat denials already made in Form F4.
Why F4 and F5 are often filed together
A respondent who both disputes the claimant’s requested orders and seeks their own orders will often need both an F4 Response to Family Claim and an F5 Counterclaim. Filing only an F4 may defend against the claim without putting the respondent’s own requested relief before the court.
Common mistakes
- Assuming an F4 automatically creates a counterclaim.
- Missing the 30-day filing deadline.
- Adding a new person but using only ordinary service.
- Failing to distinguish factual allegations from the actual orders sought.
- Forgetting that a person served with a counterclaim has their own F6 response deadline.
Cost planning
Counterclaims can expand the scope and cost of a case. Limited-scope advice can be useful before filing to identify whether the requested relief truly needs a counterclaim and whether adding another person is necessary.