Temporary Orders in Ontario Family Court: How Motions Work

A family case can take a long time to reach trial. If you need support, or parenting arrangements, in the meantime, you may ask the court for a temporary order.

This article walks through how a motion is brought in Ontario, the forms and timelines, the role of conferences, and the exceptions for urgent situations. How the rules apply to your case depends on your facts, so it is worth confirming with a lawyer.

What a motion is

A motion is a request to the court for an order during the case, before a final result. Temporary orders are requested by motion under Rule 14. The person bringing the motion 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.

The affidavit is your evidence, so it should stick to facts you know and attach the documents you rely on. Clear, organized material makes it easier for the other side and the judge to see what you are asking for and why.

The conference-first 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 a situation of urgency or hardship, or that a case conference is not required for some other reason in the interest of justice.

Some motions are also exempt from the conference-first rule:

• 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.

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.

Conferences and Ontario Court of Justice timelines

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. A judge at a conference may order disclosure of documents, questioning or summaries of argument, set timelines, make consent or unopposed orders, and refer issues to alternative dispute resolution if the parties consent. For a case conference, the parties complete Form 17 (Conference Notice) and Form 17A (Case Conference Brief). So the conference is often where temporary arrangements are first discussed, and some may be settled there by consent.

Check how days are counted under the rules, since some court materials describe them as business days and others do not. Superior Court of Justice practice can also differ by region, and whether your appearance is in person or virtual varies, so confirm with the court.

Financial and parenting evidence

A motion about support will usually need your financial information. A party claiming support, property or exclusive possession of the matrimonial home must serve and file a financial statement, except where the only support claim is child support at the table amount and there is no property or exclusive-possession claim.

In support cases, a party must also serve the income and financial information listed in the Child Support Guidelines. If you became unemployed within the last three years, that includes a complete copy of the Record of Employment or other proof of termination.

If a party has not served or filed required financial documents, the court may, on motion, order them to do so, and it must also order that party to pay costs. If parenting is in issue, an affidavit about decision-making responsibility, parenting time and contact (Form 35.1) is part of the case.

Settling outside court, and following orders

Under the Divorce Act, to the extent that it is appropriate, parties to a proceeding must try to resolve the matters through a family dispute resolution process, such as negotiation, mediation or collaborative law. A legal adviser must encourage this unless the circumstances, such as family violence, make it clearly inappropriate.

Mediation is 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 a matter is scheduled in court. To make a mediated agreement legally binding, Ontario advises that each party get advice from a different lawyer before signing.

Once an order is made, it matters to follow it. If a person fails to obey an order, the court may make any order it considers necessary, including costs, dismissing a claim or striking out documents.

What to do next

• Check whether a conference has already happened in your case.
• If your situation is urgent, write down exactly why waiting would cause harm or hardship.
• Gather your financial documents and any evidence for your affidavit.
• Mark the service, filing and confirmation deadlines in your calendar.
• Visit a Family Law Information Centre for forms and procedure information, which is information and not legal advice.
• If your income is low, ask about advice lawyers and duty counsel at court.

Frequently asked questions