Temporary Parenting Orders in Ontario: Getting Interim Orders Fast

You have started a family case, or the other parent has, and nobody knows what the schedule will be for the months it may take to finish. A temporary, or interim, parenting order sets out parenting time and decision-making while the case continues.

This article explains how that request generally works in Ontario and what judges look at. Timing and local practice vary, so confirm the details with a lawyer.

What a temporary order is for

A temporary order deals with the arrangements that apply for now, rather than settling the final result. The Ontario guide describes the main issues addressed by a motion for a temporary order as where children will live and how much time they spend with each parent.

Parenting time is the time a child spends in the care of a person named in a parenting order, whether or not the child is physically with that person the whole time. Decision-making responsibility covers significant decisions about health, education, culture, language, religion and spirituality, and significant extracurricular activities.

Unless the court orders otherwise, the person exercising parenting time has exclusive authority to make day-to-day decisions affecting the child during that time.

How the motion works

A family motion uses Form 14 (Notice of Motion) and Form 14A (Affidavit), which must be sworn or affirmed. In most cases a party must attend at least one case conference on the main issues before bringing a motion for a temporary order.

That requirement does not apply in cases of urgency, such as where you or your child's safety is at immediate risk, or hardship. However, the judge may order costs against a party who brought an unnecessary motion before a conference.

• In the Superior Court, each party may file one primary affidavit on a motion, limited to 12 pages of narrative for short or regular motions and 20 for long motions.
• Exhibits should not exceed 10 pages.
• Page limits and hearing formats change from time to time and differ in the Ontario Court of Justice, so check the current rules for your court.

What judges decide

Under the Divorce Act, the court considers only the child's best interests when making a parenting order, giving primary consideration to the child's physical, emotional and psychological safety, security and well-being. Parents who were never married, or who are not divorcing, cannot get a Divorce Act order and need a parenting order under Ontario's Children's Law Reform Act instead. How that Act applies to your situation is worth confirming with a lawyer.

The Divorce Act factors include the child's needs given age and stage of development, including the need for stability; the history of care; each parent's willingness to support the child's relationship with the other parent; the child's views; plans for the child's care; each person's ability to communicate and cooperate; any family violence; and any relevant civil or criminal proceedings.

The court must give effect to the principle that a child should have as much time with each parent as is consistent with the child's best interests. The Act sets no presumption of a particular schedule. Options such as 2-2-3 or week on/week off are common choices, not entitlements.

A parenting order may also set communication requirements and any other matter the court considers appropriate, so video or phone contact can be written into an order. It can impose terms, conditions or restrictions, and may require supervised parenting time or supervised exchanges.

Urgent situations and safety concerns

The Ontario Court of Justice recognises urgent motions with notice and emergency motions without notice to the other party. Motions without notice are allowed only in very limited or emergency situations. After an order is made without notice, the other side must be told right away and the case must return to court within 14 days.

Where there are safety concerns, supervised parenting time can be arranged. The supervisor may be a friend or relative both parents agree on, a paid professional, or trained staff at a Supervised Access Centre. Availability and waitlists vary by region.

Reaching agreement and what to do next

Parents who reach agreement during a case can ask a judge to make an order on consent. If they agree at a case conference, the judge may have them sign Minutes of Settlement and may then make an order based on them. Free family mediation is available at Ontario courthouses on the day you are in court.

• Propose a realistic schedule in writing, covering school days, holidays and exchanges.
• Gather proof of who has cared for the child so far.
• Consider communication methods, such as phone, text or video chat.
• Plan for holidays and school breaks.
• Allow flexibility for illness or shift work.
• Speak with a family lawyer about whether your situation is urgent.

Frequently asked questions