Bringing a Motion in Ontario Family Court: Steps and Forms

Family cases can take months. If you need a temporary order in the meantime, for example about parenting or support, you ask for it by bringing a motion.

This article walks through the forms, the notice timelines and the rule that often requires a conference first. Always check the rules and your court's notices for your own situation.

Which forms to use

Temporary orders are requested by motion under Rule 14. The moving party completes Form 14 (Notice of Motion) and Form 14A (Affidavit), which must be sworn or affirmed. Procedural, uncomplicated or unopposed motions use Form 14B instead.

If your motion involves support or property, financial disclosure matters too. A party claiming support, property or exclusive possession must serve and file a financial statement.

Do you need a conference first?

As a 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.

There are exceptions. The bar does not apply if the court is of the opinion that there is urgency or hardship, or that a case conference is not required for some other reason in the interest of justice. Exempt motions also include:

• Motions without notice, on consent, unopposed or limited to procedural matters (Form 14B).
• Summary judgment motions under rule 16.
• Contempt motions.
• Motions to change a temporary order for fraud, mistake or lack of notice.
• Motions about the Family Responsibility Office suspending a licence or enforcing support.
• Motions in child protection cases.

How conferences fit with your request

In each case in which an answer is filed, a judge must conduct at least one conference. A case conference is optional in child protection cases, and international child abduction cases are treated separately.

The purposes of a case conference include exploring the chances of settling the case, identifying the issues in dispute and those not in dispute, ensuring disclosure, setting the next step, and setting a timetable. At a conference, a judge may:

• Order disclosure of documents, questioning or summaries of argument.
• Set timelines.
• Make consent or unopposed orders.
• Refer issues to alternative dispute resolution if the parties consent.

A judge may order a combined case and settlement conference if the parties tried family mediation or a legal aid settlement conference that included screening for power imbalances and domestic violence. Required financial disclosure must have been provided, no temporary-order motions can be pending or contemplated, and each party must file Form 17G (Certificate of Dispute Resolution).

Notice and timelines

Official sources describe these days differently, as calendar days in some places and business days in others, so confirm how days are counted under the rules before relying on a date. Superior Court of Justice practice can also differ by region.

Preparing a strong affidavit

Your affidavit is your evidence, so keep it focused on what you are asking for and why it cannot wait for trial. Stick to facts you know, attach the documents that support them, and swear or affirm it properly.

If you do not follow an order, the court may make any order it considers necessary, including costs, dismissing a claim or striking out documents.

What to do next

• Decide exactly what temporary order you need.
• Check whether a conference has already been held, or whether an exception applies.
• Complete Forms 14 and 14A, or Form 14B if the motion is procedural or unopposed.
• Swear or affirm the affidavit.
• Serve and file within the deadlines, then confirm with Form 14C.
• Consider mediation or other dispute resolution where appropriate.

Ontario describes mediation as a negotiation between two people with help from a mediator, who does not take sides, make decisions or give legal advice. Court-connected on-site mediation is free on the day your matter is scheduled in court.

Family Law Information Centres give free forms and general procedure information, but not legal advice. Low-income people may get free legal advice from Legal Aid Ontario advice lawyers and duty counsel at court. A lawyer can also tell you whether an urgent exception fits your facts.

Frequently asked questions