Motions
Getting temporary relief while your case runs, and the case-conference-first rule.
A family case can take many months. A motion is how you get temporary relief while it runs, so you are not left without support, parenting time, or protection for assets in the meantime.
A motion asks for an interim order, meaning a temporary order that holds until trial or settlement. Common examples are temporary child or spousal support, a temporary parenting schedule, or an order preserving property. You bring it with a Notice of Motion (Form 14) and a supporting Affidavit (Form 14A) setting out the facts in sworn evidence. Simple, uncontested, or procedural motions can be brought in writing using the short Form 14B.
One rule trips people up: as a general matter under the Family Law Rules, you cannot bring a motion before a case conference has been held. The reasoning is that a judge should first try to settle or narrow the case before the parties spend money fighting over temporary orders. The exception is urgency or hardship, for example a child being withheld or assets being dissipated, where a motion can be brought first.
Interim orders are not final. The trial judge can order something quite different.
How Ryan helps: Ryan brings and defends motions on a flat fee, including urgent ones, so you can get a temporary order in place without an open-ended bill.
Frequently asked questions
What is a motion in an Ontario family law case?
A motion is a request to the court for an order before the case is finished, usually for something that cannot wait, such as temporary support, a temporary parenting schedule, or disclosure. You serve a notice of motion and an affidavit setting out the facts, and the judge decides based on that evidence.
Can I bring a motion before a case conference in Ontario?
Generally no. The Family Law Rules require you to hold a case conference before bringing a motion, with limited exceptions. A court can hear an urgent motion first, for example where there is a risk of harm, a child being removed from Ontario, or assets being hidden or dissipated.
What is an urgent or emergency motion in Ontario family law?
An urgent motion is one a court will hear without the usual case conference because the situation cannot wait. Common examples are a real risk of harm to a child or spouse, a threatened removal of a child from the jurisdiction, or assets being dissipated. You must show genuine urgency.
Questions about your own situation?
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