What Is a Motion in Divorce? Getting Temporary Orders.
You don't have to wait years for a trial. Learn how to use a "Motion" to get immediate decisions on custody, support, and exclusive possession of the home.
Legal Review: This procedural guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Family Law Rules regarding motions and evidence.
The Quick Answer: Motion vs. Trial
A Motion is a procedural step where a party asks the court to make a temporary decision (an Interim Order) before the final trial. Unlike a trial, there are usually no witnesses testifying in person. Instead, evidence is presented in written statements called Affidavits. Motions are used to stabilize the situation—setting temporary custody schedules or support payments—while the divorce case moves slowly toward a final resolution. This process is governed by Rule 14 of the Family Law Rules.
Common Reasons to Bring a Motion
Under Rule 14 of the Family Law Rules, motions fall into three broad categories depending on the relief sought.
Interim Relief
Asking for temporary child support, spousal support, or a parenting schedule to apply now until the trial happens. This is the most common type of motion in family law.
Disclosure
Asking the judge to force the other spouse to hand over financial documents they are hiding. Without full disclosure, fair support and property calculations are impossible.
Urgent / Ex Parte
Asking for immediate safety orders (Restraining Order, Non-Removal) without notice to the other party. These are rare and subject to strict judicial scrutiny.
The "Affidavit" Rule
Written Evidence Only
In a motion, the golden rule is: "If it's not in the Affidavit, it doesn't exist."
You cannot simply stand up in court and tell your story. All evidence must be sworn in writing beforehand in a document called an Affidavit (Form 14A). The judge reads your affidavit before the hearing and bases their decision primarily on what is written there. Oral arguments from your lawyer supplement the affidavit—they do not replace it.
The Word Count Limit
Courts now enforce strict page limits on affidavits filed in support of motions.
Your affidavit must be concise, factual, and devoid of emotional rambling, or the judge may refuse to read it. Judges have limited time. A well-organized, focused affidavit that sticks to relevant facts is far more persuasive than a 50-page emotional narrative. Your lawyer's job is to distill your story into legally relevant paragraphs.
Step-by-Step: Moving the Court
Filing a motion under Rule 14 of the Family Law Rules follows a precise procedural sequence.
Notice of Motion (Form 14)
This document tells the court and your spouse what you want. It sets out the specific relief you are seeking—whether that is temporary custody, child support, exclusive possession of the home, or a disclosure order.
The Affidavit (Form 14A)
This document tells the court why you should get it. It contains the sworn evidence—the facts, dates, and circumstances—that support your request. Attach any relevant documents (emails, bank statements, texts) as exhibits.
Service
You must serve the other party with your motion materials generally at least 6 business days before the hearing date. Proper service is essential—if it is not done correctly, the judge may adjourn or dismiss your motion.
Confirmation (Form 14C)
Critical Step: You must confirm you are attending by filing Form 14C by 2:00 PM, three business days before court, or the clerk will strike your motion from the list. This is the single most common reason motions fail.
Relevant Laws & Statutes
- Ontario Court Forms (Form 14: Notice of Motion)— Ontario Court Forms
- Ministry of the Attorney General (Motions Guide)— Ontario.ca
Motion FAQs
Deepa Tailor
Senior Family Lawyer
Deepa Tailor is an experienced litigator who uses targeted motions to secure critical interim financial support and parenting stability for her clients.
View Full BioNeed Immediate Relief? File a Motion Today.
Don't wait years for a trial. Our litigation team can prepare and file your motion to secure temporary custody, support, or exclusive possession of the home.