Understanding Family Court Orders in Ontario

What Is a Court Order?

A court order is a legally binding decision or direction made by a judge. In family law, an order might set a parenting time schedule, require one party to pay child or spousal support, resolve how property is divided, or address a narrower procedural issue, such as requiring a party to produce a document.

Whatever it decides, an order is not merely a suggestion or a summary of what happened in court — it generally has the same binding effect regardless of whether it followed a full trial, a brief motion, or the parties' own agreement presented to a judge for approval. Once made, an order generally remains in effect until it is changed by a further order or, for some issues, by an agreement filed with the court, whichever applies to that type of order. This page is a general orientation to the main categories of order you're likely to encounter — temporary, final, and consent — and how an order differs from a private agreement. For a broader introduction to how a family court case unfolds, see getting started in family court.

Orders can come from either of Ontario's two family courts, or from a specialized Family Court branch of the Superior Court of Justice where one is available, depending on the issue and where the case is heard. Regardless of which court makes it, an order generally needs to be reduced to writing, signed by a judge, and often entered with the court before it can be relied on or enforced in the way described later on this page.

Temporary (Interim) Orders

A temporary order — sometimes called an interim order — addresses one or more issues on a short-term basis while a case is still working its way through the court. It is generally made before the case is finally resolved, often after a motion brought by one of the parties asking a judge to decide something that cannot reasonably wait, such as a temporary parenting schedule or temporary support.

A temporary order is still a real, binding court order — it simply is not meant to be the last word on the issue. It generally stays in effect only until it is replaced, whether by a further temporary order, a final order once the case concludes, or an agreement between the parties. Because a temporary order is made earlier in a case, often with less complete information than a trial would involve, it is generally intended to provide short-term stability rather than a permanent resolution.

Issues commonly addressed by a temporary order include:

• A parenting time or decision-making schedule to follow while the case continues
• Temporary child or spousal support
• Who stays in the home while the case is ongoing
• Procedural matters, such as an order compelling disclosure

Final Orders

A final order decides a claim once a case concludes — whether that happens after a trial, where a judge has heard evidence from both sides, or because the parties reach an agreement and ask the court to formalize it. Unlike a temporary order, a final order is generally meant to be a longer-term resolution of the issue it addresses, though it can still generally be changed later if circumstances materially change (see Changing an Order below).

A single case can produce more than one final order over time — for example, a final parenting order made when a case first concludes, and a later order changing it years after a child's needs have shifted. Each replaces what came before it on that issue.

Because a final order is generally meant to last, the process leading to it usually involves more complete financial disclosure and evidence than a motion for a temporary order. A final order can also generally be appealed within a limited window after it is made, which is a separate process from asking to have it changed later for a material change in circumstances — see Changing an Order below.

Consent Orders

A consent order is made when both parties agree on the terms and ask the court to formalize that agreement as an order, generally without a contested hearing on the issues involved. A consent order can be either temporary or final, depending on what it says and the stage of the case.

Once signed by a judge, a consent order is generally enforceable in the same way as any other court order, even though the parties — not a judge weighing disputed evidence — arrived at its terms. This is one of the more significant practical differences between a consent order and a private agreement that is never presented to a court: only the former is directly enforceable as an order in its own right. See Court Orders vs. Private Agreements below.

Because it avoids a contested hearing, a consent order can generally be obtained faster and at lower cost than a fully contested order, provided the parties genuinely agree on every term. A judge still generally needs to be satisfied that the terms are appropriate, particularly where children are involved, before signing it.

Court Orders vs. Private Agreements

Many separating couples resolve some or all issues through a private separation agreement rather than a court order. Both can address similar issues — parenting, support, property — but they generally work differently when something goes wrong.

A court order is generally directly enforceable through the court system, and for support, through the Family Responsibility Office, without the other party needing to separately prove that a contract was breached. A private agreement, by contrast, is a contract — if a party doesn't follow it, the other side may generally need to go to court to enforce it or prove its terms, unless the agreement's support provisions have been filed with the court, in which case those provisions can generally be enforced much like an order. This difference is a common reason parties convert an agreement into a consent order, or file its support terms, so it carries the more direct enforcement options described above.

• Court order: made or approved by a judge; generally enforceable directly through the court, and for support, through the Family Responsibility Office.
• Private agreement: a contract between the parties; generally enforced by going to court to prove its terms, unless its support terms have been filed with the court.

Do You Have to Follow an Order You Disagree With?

Generally, yes. A party is expected to keep following a court order — including a temporary order — even while considering an appeal or preparing a motion to change it, unless a court specifically stays or suspends the order. A "stay" is a court direction that pauses an order, meaning it does not need to be followed, and generally cannot be enforced, until the stay is lifted or the related process concludes.

Simply disagreeing with an order, or believing it should have gone differently, is not by itself a reason to stop complying. Ontario's rules also treat different kinds of orders differently when an appeal is started — for example, an appeal generally does not automatically pause a support order the way it may pause some other kinds of payment orders. Because these rules are technical and the consequences of guessing wrong can be significant, professional advice is generally worthwhile before deciding not to comply with any order.

Not following an order can also carry its own consequences beyond the enforcement tools described below — in serious or repeated cases, a court can potentially treat non-compliance as contempt of court, though what actually happens depends heavily on the type of order and the circumstances. If you believe an order is unsafe to follow, or a situation has become urgent, see Urgent Help & Safety rather than waiting.

Changing an Order

Many family court orders, temporary and final alike, can later be changed if circumstances have materially changed since the order was made — a substantial shift in income, a child's changing needs, or a parenting arrangement that no longer reflects reality, for example. Depending on whether both parties agree, this can generally happen by consent or through a more formal court process. This page only introduces the concept; for the fuller general process, see changing a family court order.

Enforcing an Order

An order that isn't being followed can generally be enforced, though the general path depends on what the order addresses. Support orders are generally enforced through the Family Responsibility Office, Ontario's agency for collecting and enforcing child and spousal support, which can use tools such as garnishment without the recipient going back to court for a fresh order each time. Other kinds of orders — parenting time, for example — generally have no equivalent enforcement agency, so enforcing them generally means returning to the court that made the order. This page only introduces the concept; for a fuller general explanation, see enforcing a family court order.

Frequently Asked Questions