When communication is already strained, it can be incredibly stressful if your former spouse stops responding to legal correspondence, refuses to provide information, skips mediation, or simply does not show up for court. The good news is that your case does not have to stall just because the other party refuses to participate. In British Columbia, there are court procedures that may allow a family law matter to move forward without waiting indefinitely for the other side to cooperate.
Can a Divorce or Family Law Case Proceed If the Other Party Does Nothing?
Often, yes.
Under the BC Supreme Court Family Rules, a person served with a Notice of Family Claim must file and serve a response within 30 days. If they do not, they are generally not entitled to receive notice of future steps in the case, including hearings and trial dates. The rules also provide a process for seeking final orders in an undefended family law case.
That means if your ex has been properly served but chooses not to respond, the court may still be able to make orders — including, in the right circumstances, final orders — without waiting for them to participate.
What Did the Court Say in Cowie v. Duperon?
In Cowie v. Duperon, 2025 BCSC 2320, Justice Greenwood considered whether a summary trial could proceed despite the respondent’s non-participation. The decision is a useful example of how the court may deal with a family law matter where one party knows about the proceedings but simply declines to engage with them.
The legal framework includes the rules for undefended family law cases, the court’s summary trial powers, and the court’s discretion when a party fails to attend a hearing.
Under Rule 11-3(15), the court may grant judgment on a summary trial unless it cannot find the necessary facts on the evidence before it or it would be unjust to decide the issues that way.
Under Rule 21-6, if a party fails to attend a hearing or trial, the court may proceed after receiving the evidence it considers appropriate, may draw inferences from the failure to attend, and may grant some or all of the relief sought.
Why Proof of Service Still Matters
Even when the other party is ignoring everything, service still matters.
Before the court moves ahead in the other party’s absence, the claimant still needs to show that proper procedural steps were taken. In practical terms, that often means proving the other party was properly served, or obtaining an order allowing service by an alternative method where personal service is not possible. BC’s family rules permit the court to authorize alternative service methods in appropriate cases.
So if your ex is deliberately avoiding service, has disappeared, or cannot be located, that does not necessarily mean the case is over. It may mean you need a court order for substituted or alternative service so the matter can continue.
What If Your Ex Refuses to Participate in the Court Process?
If your former spouse has been served and still refuses to respond or attend, the court may allow the case to proceed without waiting for them to participate.
That does not mean the court will automatically grant everything being asked for. You still need proper evidence, and the court still has to be satisfied that the orders sought are legally justified and procedurally appropriate. But the rules are designed to promote the just, speedy, and inexpensive determination of family law cases, not to reward a party for ignoring the process.
How Our Vancouver Family Lawyers Can Help
If your ex is ignoring divorce papers, refusing to engage, or trying to delay the process by disappearing, legal advice early on can make a significant difference.
A Vancouver family lawyer can help you:
- arrange proper service of court documents;
- apply for substituted or alternative service if your ex cannot be found;
- pursue an undefended divorce or other undefended family law relief where appropriate; and
- ask the court for orders that allow the case to move forward without waiting for the other party to participate.
Need Help Moving Your Family Law Case Forward?
At Nasser Allan LLP, our Vancouver family lawyers help clients deal with non-responsive spouses, delayed proceedings, and contested family law issues with clarity and practical advice. If your ex is ignoring the process, we can help you assess the next procedural step and work toward moving your matter forward as efficiently as possible.
Contact our Vancouver family law team to discuss your options.