Family Law Motions in Ontario: How to Get Temporary Orders Before Trial

Q: Can I bring an urgent motion without a Case Conference?

Yes, but only in true emergencies. You must prove urgency - risk of violence, child abduction, destitution, or dissipation of assets. The court takes a dim view of parties who claim 'urgency' to skip the Case Conference when there is no real emergency.

The Waiting Game Solution

A divorce can take 2 years. You can't wait 2 years to know who pays the mortgage or where the kids sleep. A Motion is how we get you stability now.

Family law motions are the most powerful tool in litigation. They allow you to obtain temporary orders that govern critical aspects of your life while your case works its way through the court system. Without motions, you would be in legal limbo—uncertain about finances, housing, and parenting arrangements for months or even years.

The Disruptor Strategy:

"We use motions strategically—not just to get temporary relief, but to expose weaknesses in the other side's case and force a favorable settlement. A well-timed motion can end a case before it ever reaches trial."

But motions are not without risk. They are expensive, time-consuming, and carry significant costs consequences if you lose. That's why we carefully assess every motion before filing to ensure it's strategically sound and has a strong likelihood of success.

The Golden Rule: Case Conference First

Under Rule 14 of the Family Law Rules, you generally cannot bring a motion until after you have attended a Case Conference. This rule exists to encourage settlement and prevent parties from rushing to court without attempting to resolve issues cooperatively.

The Case Conference Requirement

Step 1: File Your Application

You must first file your Application (Form 8) and serve it on the other party.

Step 2: Schedule a Case Conference

Both parties file Case Conference Briefs (Form 17A) and attend a conference with a judge.

Step 3: Motion (If Necessary)

Only after the Case Conference can you bring a motion for contested issues.

The Exception: Urgency

If there is a genuine emergency, you can skip the Case Conference and bring an Urgent Motion. However, the bar to prove urgency is high. You must demonstrate that waiting for a Case Conference would cause serious harm.

Examples of True Urgency

Risk of violence or abuse
Child abduction risk
Imminent destitution (no money for food/shelter)
Dissipation of assets (spouse emptying accounts)

NOT Considered Urgent

"I want this resolved quickly"
"My ex is being difficult"
"I'm stressed and anxious"
"I need closure"

Warning:

Courts take a dim view of parties who claim "urgency" to skip the Case Conference when there is no real emergency. If the judge finds your motion was not truly urgent, you will likely be ordered to pay costs and may damage your credibility for the rest of the case.

Types of Motions: The Menu

Not all motions are created equal. The type of motion you bring depends on the urgency, complexity, and whether the other party needs to respond.

14B Motion (Procedural)

Done "in writing" at a desk, no hearing

A 14B Motion is used for simple, procedural requests that don't require oral argument. The judge reviews the written materials and makes a decision without a hearing.

Common 14B Requests:

Extending time to file documents
Changing a court date
Correcting clerical errors
Ordering disclosure of specific documents

Cost Advantage:

14B motions are the cheapest option—typically $1,500-$3,000 in legal fees because there's no hearing preparation or court appearance.

Motion on Notice (Standard)

Both lawyers argue in court or on Zoom

This is the standard motion format. You serve your motion materials on the other party, they have time to respond, and both sides argue before a judge at a scheduled hearing.

Common Motion on Notice Requests:

Temporary child support or spousal support
Exclusive possession of the matrimonial home
Temporary parenting arrangements
Restraining orders
Freezing assets or bank accounts

Timeline:

• Serve motion materials: 14 days before hearing
• Responding materials: 7 days before hearing
• Reply materials: 4 days before hearing

Typical Cost:

$3,000-$8,000+ in legal fees depending on complexity, plus $280 court filing fee.

Ex Parte Motion (No Notice)

The "Nuclear Option" - without telling your ex

An ex parte motion is brought without notice to the other party. You go to court without telling your ex because giving them advance warning would put you, your children, or your assets in immediate danger.

High Bar to Prove Necessity

Judges are extremely reluctant to grant ex parte orders because they violate the principle of natural justice (the right to be heard). You must prove that:

There is an immediate risk of serious harm
Giving notice would defeat the purpose of the order
There is no other reasonable alternative

When Ex Parte May Be Appropriate:

Domestic violence with credible threat of harm
Child abduction risk (spouse has plane tickets to another country)
Spouse is actively emptying bank accounts or selling assets
Evidence is about to be destroyed

Temporary Nature:

Ex parte orders are usually temporary (14 days). The other party gets a chance to respond at a "return date" where the judge decides whether to continue, modify, or cancel the order.

The Paperwork: The Evidence

The Disruptor Strategy:

"A motion is won on the Affidavit (Form 14A). This is your sworn story. We draft affidavits that are fact-heavy and emotion-light, because that is what judges respect."

The quality of your motion materials determines whether you win or lose. Judges don't have time to read rambling, emotional narratives. They want facts, evidence, and clear legal arguments.

Notice of Motion (Form 14)

This is the cover page that tells the court and the other party what you are asking for. It lists the specific orders you want the judge to make.

Example: "The Applicant asks for an order that the Respondent pay temporary child support in the amount of $1,200 per month, effective immediately."

Affidavit (Form 14A) - The Most Important Document

This is your sworn testimony. Everything in the affidavit must be true, and you swear under oath that it is accurate. This is where you tell your story and present your evidence.

What Makes a Strong Affidavit:

Chronological and organized: Tell the story in order with clear paragraph numbering.
Fact-based, not emotional: "He refused to pay support" not "He's a terrible person."
Supported by exhibits: Attach bank statements, emails, text messages as proof.
Addresses the legal test: Explain why you meet the criteria for the order you're seeking.

Warning:

Lying in an affidavit is perjury—a criminal offense. Even exaggerating or omitting important facts can destroy your credibility and result in your motion being dismissed with costs against you.

Financial Statement (Form 13 or 13.1)

If your motion involves money (support, property, costs), you must file an updated Financial Statement. You can't ask for money without showing your math.

Rule: Your Financial Statement must be sworn within the last 30 days. An outdated statement will be rejected by the court clerk.

Supporting Documents & Exhibits

Attach all relevant evidence as exhibits to your affidavit. This includes emails, text messages, bank statements, medical records, police reports, etc.

Draft Order (Form 25)

You must prepare a draft of the order you want the judge to sign. This makes it easy for the judge to grant your request if they agree with you.

Filing Deadlines (Critical)

Moving Party (You):

14 days before the motion hearing
Serve all motion materials on the other party
File proof of service with the court

Responding Party (Your Ex):

7 days before the motion hearing
Serve responding affidavit and materials

Miss the Deadline = Disaster:

If you miss the filing deadline, the judge may refuse to hear your motion and order you to pay the other party's wasted legal fees (typically $1,500-$3,000). Courts do not tolerate late filings except in extraordinary circumstances.

The Hearing: What Happens?

Reality Check:

"It's not 'Law & Order.' There are usually no witnesses. It is just the lawyers arguing based on the Affidavits. The judge often decides that day or reserves judgement."

Motion hearings are typically short—15 to 60 minutes depending on complexity. The process is streamlined because the judge has already read all the materials in advance.

The Motion Hearing Process

Opening Submissions (Moving Party)

Your lawyer presents your case first. They summarize the key facts from your affidavit and explain why the judge should grant the order you're seeking. This typically takes 5-15 minutes.

Response (Responding Party)

The other party's lawyer responds, pointing out weaknesses in your case and arguing why the judge should deny your request or grant a different order.

Reply (Moving Party)

Your lawyer gets a brief opportunity to respond to any new points raised by the other side. This is not a chance to repeat your opening—only to address new arguments.

Judge's Questions

The judge may ask questions at any time during the hearing. These questions often reveal what the judge is thinking and what concerns they have about your case.

The Decision

The judge will either:

Decide immediately and give oral reasons (most common)
Reserve judgment and issue written reasons later (1-4 weeks)

If You Win

The judge signs your draft order
The order takes effect immediately (or on a specified date)
You may be awarded costs (the other party pays your legal fees)
The order is enforceable through the court or FRO

If You Lose

Your motion is dismissed
You likely pay the other party's costs ($1,500-$5,000+)
Your credibility may be damaged for future motions
You may need to wait for trial to get the relief you need

Virtual Hearings (Zoom)

Since COVID-19, most motion hearings in Ontario are conducted virtually via Zoom. This has made the process more accessible and cost-effective (no travel time to court), but it also requires proper preparation.

Virtual Hearing Best Practices:

Test your technology in advance (camera, microphone, internet)
Find a quiet, professional location with good lighting
Dress professionally (business attire)
Have all documents open and ready on your computer
Mute yourself when not speaking

Frequently Asked Questions

Can I bring a motion for anything?

No. Motions must be relevant and necessary. The court will not entertain frivolous requests. Common motion topics include temporary child support, spousal support, exclusive possession of the home, restraining orders, and disclosure orders. The judge has discretion to dismiss motions that waste court time.

What if I lose the motion?

You will likely be ordered to pay costs to the other party. Costs can range from $1,000 to $5,000+ depending on the complexity and whether the motion was frivolous. We assess the risk-benefit analysis before filing any motion to ensure it's strategically sound.

How long does a temporary order last?

Until the trial, settlement, or until a new motion changes it. Temporary orders are 'interim'—they govern your situation during the litigation process. Once you reach a final agreement or trial judgment, the temporary order is replaced by the final order.

Do I have to attend the motion hearing?

Usually yes, especially if you are the moving party (the one bringing the motion). Your presence allows you to give instructions to your lawyer if settlement discussions arise. Some procedural motions (14B) are decided on paper without a hearing.

Can I bring an urgent motion without a Case Conference?

Yes, but only in true emergencies. You must prove urgency—risk of violence, child abduction, destitution, or dissipation of assets. The court takes a dim view of parties who claim 'urgency' to skip the Case Conference when there is no real emergency.

What is an ex parte motion?

An ex parte motion is brought without notice to the other party. This is the 'nuclear option' used only when giving notice would put you or your children in danger, or when the other party would destroy evidence or flee. The bar to prove necessity is very high.

How much does a motion cost?

Legal fees for a motion typically range from $3,000 to $8,000+ depending on complexity, the amount of evidence, and whether cross-examinations are required. Court filing fees are approximately $280. If you lose, you may also pay the other side's costs.

Can a motion order be changed later?

Yes. You can bring a motion to change a temporary order if there has been a material change in circumstances. For example, if you lose your job after a support order is made, you can bring a motion to vary (reduce) the support amount.

Family Law Motions in Ontario:Get Temporary Orders Before Trial

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