About a Motion for a Temporary Order

Family law cases in Ontario can take time to reach a final resolution. Before a final order is made, a party may bring a motion for a temporary order in Ontario to ask the court to decide an immediate issue.

A Toronto family lawyer can help ensure the motion is prepared and presented in accordance with the Family Law Rules. 

Issues a Temporary Order Can Address

A temporary order under family law in Toronto may address issues that can’t wait for trial, including:

• Temporary parenting time arrangements can be brought by a parenting time temporary order. 
• Temporary child support. 
• Temporary spousal support.

When a Motion for a Temporary Order Can Be Brought

Under Rule 14 of the Family Law Rules, a party must attend at least one case conference before bringing a family court motion in Toronto.

Limited exceptions apply where:

• There is urgency because the safety of a party or child is at immediate risk. 
• There is hardship because a support order is needed to provide basic living conditions, and the party can’t wait for a case conference.

Serving and Filing Deadlines

For a Toronto family law motion: 

• Motion forms must be served at least six business days before the motion date. 
• Motion forms must be filed with the court at least four business days before the motion date. 
• Form 14C (Confirmation of Motion) must be filed by 2:00 p.m. three business days before the motion date. If not filed on time, the motion may be cancelled. 

Motions Without Notice

Motions usually require notice to the other party. Under limited circumstances, a party may bring a motion without notice, also called an Ex Parte motion:

• When notice is unnecessary or not reasonably possible.
• When there is an immediate danger that a child will be removed from Ontario. 
• When there is an immediate danger to the health and safety of a party or child.

If an order is granted without notice, the moving party must serve the motion documents and the order as soon as possible. The matter may return to court within 14 days so the other party can respond.

FAQs

What is the difference between a temporary order and a final order?

A temporary order addresses issues before trial and remains in effect until replaced by a different temporary order or a final order. 

Can costs be ordered against me if I bring a motion?

Yes. The court may order costs where a motion was unnecessary or shouldn’t have been brought before a case conference. 

Consult With Sudano Law Today

A motion for a temporary order is a formal court process under the Family Law Rules. Missing any requirements may result in a motion being cancelled or a cost order being made. 

If you’re considering bringing a motion for a temporary order or have been served with a motion, contact Sudano Law at 647-880-5832 or visit our website to schedule a consultation with a Toronto family lawyer. 

Disclaimer: This article provides general information only and isn’t legal advice.