What is a Motion in Divorce Proceedings
It is a legal proceeding that allows one spouse to seek alimony or separation from the other. The motion will ask for either an order of support, which can include payments in exchange for ending their obligation towards you (like paying off debts), property division where certain items belonging together such as clothes and furniture could remain after divided between spouses according court ordered percentages
Why Are Motions Important in a Divorce Timeline?
Family court processes and decisions take time, and often families will need a temporary order on certain matters that should not wait. A court may put temporary orders in place to decide the parenting of children.
Family motions provide an answer until a final decision is made by a judge. The person filing a motion is the moving party and the other party, answering it.
Types of motions include:
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A procedural, uncomplicated, or unopposed motion
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Requests where both spouses agree
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A motion for a temporary order
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An order for temporary child or spousal support
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An order determining parental access and decision-making responsibility
Knowing when and how to file a motion, along with understanding the divorce timeline, can significantly impact the outcome of your case.
When can I bring a Motion?
Unless the matter is urgent, you cannot bring a motion until after an initial case conference where substantive issues have been discussed. Examples of urgent motions involve a child’s safety at immediate risk or where an order is necessary to provide basic living conditions to a child. If a judge finds that there is no urgency or hardship, they will refuse to hear your motion and may order you to pay costs.
What Are the Different Kinds of Motion?
Motion with Notice
A motion with notice is the most common type of motion. The moving party serves the motion materials to the opposing party before requesting a judge’s response.
Motion Without Notice (Ex-Parte)
In limited circumstances, a motion without notice (ex-parte) to your ex-partner can be requested. These motions are granted in situations such as:
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When providing notice is unnecessary or not reasonably possible (e.g., the ex-spouse cannot be located despite reasonable efforts)
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When there is an immediate danger of a child being removed from Ontario, and notifying the other party would likely have serious consequences
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When serving a notice of motion could create a risk of harm
The court will review the motion materials and an additional affidavit explaining why notice was not provided before deciding whether to hear the motion.
How do I file?
A consent motion is a court order that you and your ex partner agree on. The moving party must serve all motion materials on their ex-partner (unless ex-parte) and then file these materials with the court.
To request a motion for a temporary order, the moving party must file a number of documents including Form 14 – Notice of Motion, Form 14A – Affidavit, and Form 13 – Financial Statement, to name a few. The forms to request a motion for a procedural, uncomplicated or unopposed matter require different forms. A motion without notice requires additional forms including Form 14D – Order made on motion without notice. For assistance with submitting the appropriate documents for each type of motion, call our office at 905-366-0202.
Once the moving party has served and filed their motion materials, the responding party must serve their responding materials within a specific time frame. Both parties will then need to confirm the motion with the court by filing a Form 14C – Confirmation of Motion.
What to expect at the hearing?
A consent motion is a court order that you and your ex partner agree on. Judges will often attend to consent motions or unopposed motions first.
Regular motions typically take one hour or less. A judge will first hear from the submissions of the mover than the responding party. The judge will either make a decision immediately or reserve their decision for a later time. Judges will reserve their decision if they need more time to review the evidence.
We understand that the forms, process and minimum timelines can be difficult to keep track of. Whether you are a moving party or the responding party, our Mississauga family law lawyers are here to help you. Do not hesitate to call our office to book a free consultation or contact us.
