How does a motion for a temporary order work in Ontario family court?
You ask for a temporary order, such as interim support or parenting arrangements, by bringing a motion under Rule 14. The moving party completes Form 14 (Notice of Motion) and a sworn or affirmed Form 14A (Affidavit).
As a general rule, no notice of motion or supporting evidence may be served, and no motion may be heard, until a conference dealing with the substantive issues has been completed. The court can allow an earlier motion where there is urgency or hardship. In the Ontario Court of Justice, the moving party serves Forms 14 and 14A no later than six days before the motion and files them no later than four days before; the responding party serves and files at least four days before.
How long it takes depends on the court, when a conference can be held and whether the other side opposes, so a lawyer can confirm timing. If you claim support, you generally must also serve and file a financial statement, unless your only support claim is child support in the table amount with no property or exclusive-possession claim.
Key takeaways
- A temporary order is requested by motion under Rule 14, with Form 14 (Notice of Motion) and a sworn or affirmed Form 14A (Affidavit).
- Generally no motion may be heard until a conference on the substantive issues has been completed, unless urgency, hardship or another exemption applies.
- In the Ontario Court of Justice, the moving party serves Forms 14 and 14A no later than six days before the motion and files them no later than four days before.
- If you claim support, you generally must serve and file a financial statement, with an exception for child support in the table amount only.