If you receive the following documents, it means that someone (the plaintiff orapplicant) has filed an application under the International Child Abduction Act (ICAA) against you (the defendant):
You should read the documents to find out:
Refer to the following to find out the different ways of responding to the international child abduction application.
If you do not wish to contest the application, you should still attend the scheduled court session (the case conference) mentioned in the sealed OS and inform the judge. The judge can then make orders including ordering the return of the child.
If you intend to contest the application, you will have to file and serve an affidavit on the plaintiff or their lawyers (if any) within 14 days from the date on which the plaintiff served their documents on you or your lawyers (if any).
You will also have to attend the case conference on the time and date stated in the sealed OS.
If you intend to contest the application, you will need to include the following information in your affidavit if the applicant did not disclose such information in their documents:
If you are not sure what to say, or need help preparing your affidavit, you should seek independent legal advice.
The courts are not able to provide legal advice or recommend lawyers. Find out where to get help.
You will need to pay $1 per page, subject to a minimum of $10 to file your affidavit.
In addition to these fees, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
You may choose to file your affidavit personally or through a lawyer. If you are representing yourself, you must file the documents through eLitigation at the LawNet & CrimsonLogic Service Bureau.
Refer to the following steps to file and serve your affidavit.
|1. File your affidavit|
Your affidavit is filed in the FJC.
|2. Serve the affidavit on the applicant|
The applicant is notified of your intention to contest the application.
You will have to file your affidavit via eLitigationat the LawNet & CrimsonLogic Service Bureau. Your documents will then be submitted to the FJC for review.
You must serve a copy of your affidavit on the plaintiff after it is filed.
If your affidavit contains details of any court proceedings relating to the child, you must also forward a copy of your affidavit to the following authorities within 7 days from the date your affidavit is filed:
After you have filed and served your affidavit on the plaintiff or their lawyers, the plaintiff or their lawyers will file and serve their reply affidavit on you within 7 days from the date you serve the affidavit on them.