Interim Parenting Orders in Ontario: How They Work Before Trial

Family court cases in Ontario can take a long time to reach trial, and parents usually can't just pause parenting arrangements until a judge finally rules on everything. That's what interim parenting orders are for — a court-ordered schedule that governs decision-making responsibility, parenting time, or contact while the larger case is still working its way through the system.

If you're wondering whether you can get a schedule locked in sooner rather than waiting out the whole process, or whether an interim order will end up deciding your case for you, here's how it actually works.

What an Interim Order Is (and Isn't)

An interim order is a temporary court order, not a final decision. It's meant to provide stability and predictability — who has the child when, who makes which decisions — for the period between when a family law case starts and when it's finally resolved, whether by settlement or trial.

It's granted using the same legal test as a final order: the best-interests-of-the-child standard, considering the child's physical, psychological, and emotional well-being as the primary consideration, with family violence weighed as an express factor wherever it's relevant. What's different is the process and the amount of evidence a judge typically has in front of them at that early stage.

How to Ask the Court for One

Either parent can ask for an interim parenting order by bringing a motion within an existing family court case — this is a request to the court for a specific, temporary form of relief while the main case continues, rather than a separate lawsuit. In general terms, the process involves:

1. Starting or already having an underlying family court application in place
2. Filing a motion supported by a sworn affidavit setting out the facts and the schedule being requested
3. Serving the other parent with the motion materials
4. The other parent typically has an opportunity to respond with their own affidavit
5. A judge hears the motion — often based on written materials and shorter oral argument rather than a full trial — and decides on a temporary schedule

Timelines for getting a motion heard vary significantly by courthouse and by how urgent the situation is, so it's worth discussing realistic expectations with a family lawyer rather than assuming a fixed turnaround.

What the Judge Looks At

Because a motion typically doesn't involve the same depth of evidence, cross-examination, or witness testimony as a trial, judges are often working with a more limited record — sworn affidavits rather than live testimony tested under cross-examination. That doesn't lower the legal standard; the best-interests test still applies in full. It does mean judges are often cautious about making sweeping changes on an interim basis where the facts are genuinely contested, and may lean toward preserving stability for the child until a fuller hearing can sort out disputed facts.

How an Interim Order Fits Into the Bigger Case

An interim order is legally temporary, but it can meaningfully shape what happens next. A schedule that's been working in practice for months tends to carry weight later, simply because disrupting a routine that's proven workable for a child isn't something courts do lightly. That said, an interim order doesn't bind the trial judge, and it isn't a guarantee that the same terms will continue — a final decision is made on the full evidentiary record, not just on what was ordered temporarily.

Changing an Interim Order Later

An interim order can be varied before trial if circumstances change materially, or it can simply be replaced once the case is resolved by settlement or a final court decision. If your situation shifts significantly while an interim order is in place, you generally don't have to wait for trial to raise it — a further motion can address a genuine, material change.

Frequently asked questions