Can You Bring a Motion Before a Case Conference in Ontario Family Court?

If you need a temporary order, such as about parenting, support or who stays in the home, waiting weeks for a conference can feel impossible. Many people ask whether they must wait or whether they can go straight to a judge.

The short answer is that there is a general rule to wait, but it has real exceptions. This article explains the rule, the exceptions, and the practical steps. Your own situation depends on its facts, so a lawyer can confirm what applies to you.

The general rule: conference first

Temporary orders are requested by motion under Rule 14 of the Family Law Rules. Under rule 14(4), 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 idea is that the parties and a judge first look at what is in dispute, what is not, and whether the case can settle. A conference is also where a judge can order disclosure and set next steps.

The urgency or hardship exception

The conference-first bar does not apply if the court is of the opinion that there is a situation of urgency or hardship, or that a case conference is not required for some other reason in the interest of justice.

The court decides whether your situation meets that test. Feeling that a matter is pressing is not the same as the court agreeing that it is urgent, so explain clearly in your materials why waiting would cause harm or hardship.

Motions that are exempt from the rule

Rule 14(6) lists motions that do not have to wait for a conference. They 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.

Urgent danger: starting a case anywhere

A family case must generally be started in the municipality where a party lives, and cases about children in the municipality where the child habitually resides. There is an exception for emergencies.

If there is immediate danger that a child may be removed from Ontario, or immediate danger to a child's or a party's health or safety, a party may start a case and have a motion heard in any municipality. Unless the court orders otherwise, the case is then transferred to the proper municipality immediately after the motion.

Practical steps if you need a motion

• Complete Form 14 (Notice of Motion) and Form 14A (Affidavit), which must be sworn or affirmed. Use Form 14B for procedural, uncomplicated or unopposed motions.
• 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.
• File Form 14C (Confirmation of Motion) by 2:00 p.m. three days before the motion.
• Check how days are counted under the Family Law Rules before relying on a date. Some sources describe these as business days, so confirm the counting rule.

Where the Superior Court of Justice is involved, it does not schedule a first appearance when an application is issued. The party must book a case conference instead. Procedures can differ by region and by whether a hearing is in person or virtual, so check with the court office.

Family Law Information Centres give free forms and general procedural information, though not legal advice. Low-income people may get free legal advice at court from Legal Aid Ontario advice lawyers and duty counsel. A lawyer can help you decide whether to argue urgency or wait for the conference.

Frequently asked questions