Temporary Orders in Ontario Family Court While Your Case Continues

Family cases can take a long time to reach trial. In the meantime, you may need a clear arrangement for where the children live, who pays what, or who stays in the home. A temporary order is how a court can set those arrangements while the case continues.

This article explains in general terms how temporary orders are requested in Ontario family court, what paperwork is involved, and when the usual order of steps can be skipped. Every case is different, so treat this as a map and not a substitute for advice on your own situation.

What a temporary order is and how you ask for one

A temporary order is a short-term arrangement a court puts in place while your family case is still in progress. How long a particular order lasts depends on what it says, so read the wording of any order carefully and ask if you are unsure. Common subjects are parenting arrangements, support, and who lives in the family home.

You request a temporary order by bringing a motion under Rule 14 of the Family Law Rules. The person asking is called the moving party. They complete Form 14 (Notice of Motion) and Form 14A (Affidavit), and the affidavit must be sworn or affirmed. Procedural, uncomplicated or unopposed motions use Form 14B instead.

Timing for 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. Form 14C (Confirmation of Motion) is due by 2:00 p.m. three days before the motion.

Different court materials describe these days in different ways, so confirm how days are counted and what your particular court expects. Practice can also differ between courts and regions, so check with the court office.

The conference comes first, with exceptions

As a general 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. The idea is to give the parties a chance to narrow the issues before a motion is argued.

There are exceptions. The bar does not apply if the court is of the opinion that there is 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, including:

• 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

At a conference, a judge may also make consent or unopposed orders, which can sometimes settle a temporary issue without a contested motion.

Urgent situations and where to start

Normally a case is started in the municipality where a party lives, and cases about children are started where the child habitually resides. 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. The case is then transferred to the proper municipality immediately after the motion unless the court orders otherwise.

Paperwork that usually goes with the request

What else you need depends on what you are asking for.

In support cases you must also serve income and financial information, proof of termination if you became unemployed in the last three years, and proof of any special or extraordinary expenses for child support. If a party does not provide required financial documents, the court may order them to do so on motion and must also order that party to pay costs.

What to do next

• Write down exactly what you need in the short term and why it cannot wait for trial.
• Check where your case is in the process and whether a conference has been held.
• Gather income records, expense details and any parenting evidence you plan to rely on.
• Ask the court office about the forms, timing and whether your appearance is in person or virtual.
• Follow any temporary order once made, because the court can respond to disobedience with costs, dismissing a claim or striking out documents.

Family Law Information Centres give free forms and general procedural information, but not legal advice. A lawyer can tell you whether a motion makes sense in your circumstances.

Frequently asked questions