Temporary Orders While Your Ontario Divorce Is Pending

A divorce can take a long time, but bills, children and housing do not wait. If you need support, a parenting schedule or a decision about who stays in the home, you may be able to ask the court for a temporary order now rather than waiting for the final outcome.

This article explains what temporary orders cover, why a case conference usually comes first, how a motion works, and what to do if your situation is urgent.

What a temporary order is

A temporary order, sometimes called an interim order, is a court decision that applies while your case continues. A judge may make one at the end of a motion, and it stays in place while the case continues. It does not decide everything permanently, but it gives structure in the meantime.

Parties commonly ask for temporary orders about child or spousal support, parenting schedules, travel with a child, or who lives in the family home.

What judges look at for common requests

For parenting, the judge looks at factors such as the child's needs and stability, relationships, history of care, the child's views and preferences, each spouse's willingness to support the child's relationship with the other, and family violence. A child should have as much time with each spouse as is consistent with the child's best interests.

For the home, the judge considers past violence, whether there is another suitable place to live, the children's best interests, and both parties' finances.

The case conference usually comes first

Generally, a party must attend a case conference before bringing a motion for a temporary order. The exceptions are urgency, for example an immediate safety risk, and hardship, for example when a support order is needed for basic living conditions. Procedural, uncomplicated or unopposed motions can generally be brought at any time.

This matters because a judge who finds a motion was brought before a conference when that was unnecessary may order the moving party to pay the other party's costs for the motion.

At a case conference, a judge or Dispute Resolution Officer discusses the agreed and disputed issues and how the case should proceed. The case conference brief is limited to 8 pages, and agreements are written as Minutes of Settlement. Many temporary issues are settled here without a motion.

How a motion works

If you cannot agree, you bring a motion. Rule 14 of the Family Law Rules governs temporary orders. The paperwork and timing are strict, so missing a deadline can cost you.

• Form 14 is the Notice of Motion, and Form 14A is the Affidavit, which must be sworn or affirmed.
• The moving party serves Forms 14 and 14A at least six days before the motion and files at least four days before.
• The responding party serves and files at least four days before.
• Form 14C, the confirmation, is due by 2:00 p.m. three days before.
• Form 14B is used for procedural, uncomplicated or unopposed motions.

Support requests usually need financial disclosure. Form 13 is the financial statement for support claims without property or debt claims, and Form 13.1 is used when property or debt claims are made. These statements must be sworn or affirmed before a lawyer or commissioner of oaths, and a courthouse clerk can commission them for people without a lawyer.

If you are not safe

Safety concerns can change the usual order of steps. Urgency, such as an immediate safety risk, is an exception to the case conference rule. A restraining order is available if you were married or lived together for any period, or have a child together.

Urgent motions without notice use Forms 14 and 14A where the other person's whereabouts are unknown, there is immediate danger of harm or removal of children from Ontario, or notice could have serious consequences. The other person is served afterward. A restraining order must be served on the spouse as soon as possible, someone else can serve it, and you should keep a copy and call police if it is breached.

The province lists safety planning steps before leaving, such as opening a bank account in your own name, saving money, gathering identification and documents, and packing an emergency bag. Contacts include 911, the Assaulted Women's Helpline, Victim Support Line, 211 and Family Court Support Workers.

What to do next

• Decide what you need right now: support, a parenting schedule, or the home.
• Gather income records, expenses, and documents for your financial statement.
• Check whether a case conference has been held or whether urgency or hardship applies.
• Try to reach an agreement in writing, since agreed terms can be recorded as Minutes of Settlement.
• Mark the motion deadlines on a calendar as soon as a date is set.
• Get legal advice early, especially on exclusive possession or safety issues.

Frequently asked questions