Temporary Orders During a Divorce in Ontario: Motions

A divorce can take many months. In the meantime you may need support, a parenting schedule, or an answer about who stays in the home. A temporary order, often called an interim order, is a court decision that applies while the case is still going.

In Ontario, you ask for one by bringing a motion. This article explains the basics of how that works, the paperwork and timing involved, and the cost risks. It is general information and not advice on your situation, so speak with a lawyer about what to ask for and how.

What a motion is and what it can cover

A motion is a request to a judge for a temporary order before the final outcome. Temporary orders are governed by Rule 14. People commonly use motions to deal with day-to-day problems that cannot wait for trial, such as money to live on, parenting time or who lives where.

The court has power under the Divorce Act to order child support and spousal support. A spousal support order should recognize economic advantages or disadvantages to the spouses arising from the marriage or its breakdown. How that applies to a temporary request, and what counts as access to the home, depends on the facts and is worth confirming with a lawyer.

Before you can bring a motion

You generally must attend a case conference on the substantive issues before serving a notice of motion. The exceptions are 14B motions, consent motions, and urgent or emergency motions. At First Appearance Court, a case conference is scheduled once an answer has been filed.

If you cannot wait, a motion without notice is possible, but it requires immediate notice to the other side and a return to court within 14 days. You also cannot file online for an urgent hearing, or when a court date or legal deadline is 3 business days or less away. Court staff can explain how to proceed in those situations.

Forms, deadlines and page limits

The notice of motion is Form 14, the supporting affidavit is Form 14A, and the confirmation is Form 14C, due by 2:00 p.m. three days before the motion.

In the Superior Court, motion affidavits are limited to 12 pages, or 20 pages for a long motion over an hour. If your financial statement is over 60 days old, you must file a new Form 13 or a Form 14A describing the changes, plus Form 13A.

Money for legal fees and other practical issues

Sometimes one spouse controls most of the money and the other cannot afford to bring the case. Interim disbursement advances do exist in Ontario family cases. In one Court of Appeal example, a consent order required one spouse to advance $75,000 in interim disbursements to the other, without prejudice to whether it would be credited against equalization. Whether you could ask for something similar, and the test a judge would apply, depends on your facts and should be discussed with a lawyer.

If cost is a barrier to filing, a fee waiver may be available. Eligibility depends on household income and assets, and the waiver does not cover lawyers' fees, costs a court has ordered you to pay, or the federal divorce registry fee. Use Form FW-A 3 if you think you meet the financial requirements and FW-A 4 if you do not.

Costs and offers on a motion

Family cases carry a presumption that the successful party gets costs, though the court can deprive a successful party of costs for unreasonable behaviour. Unreasonable conduct such as late financial disclosure can reduce a costs award.

Offers to settle must be made at least 7 days before trial, or one day before a motion. Even where the full-recovery rule does not apply, a court may still consider any written offer, its date and its terms.

What to do next

• Write down exactly what you need on a temporary basis and why it cannot wait.
• Update your financial statement if it is more than 60 days old.
• Collect documents that support your request, such as income records and bills.
• Count back from the motion date to calculate your service and filing deadlines.
• Consider whether a written offer could resolve the issue before the motion.
• Speak with a family lawyer before filing, especially if the situation is urgent.

Frequently asked questions