The court process can take time, so you may want to ask a judge for a temporary decision, before a final decision is reached in your case. This is called making a motion. For example, you might ask the judge for a temporary order that says where the children will live and how much time they will spend with each parent.
Temporary court orders stay in place until the court makes:
- A different temporary order at another step in your case, or
- A final order later in your case.
Any party in a case may make a motion, unless a judge has ordered otherwise. If you are the person making a motion, you are called the moving party. The other person is called the responding party.
There are generally two types of family motions:
- A procedural, uncomplicated, or unopposed motion (for example, asking the court permission to file a document after a deadline has passed or asking the court to make an order that the other party agrees with or will not oppose).
- A motion for a temporary order (for example, asking the court to order the other party to pay temporary child support or to set up a temporary parenting schedule).
Rule 14 of the Family Law Rules tells you about motions.
Timing of Motions
You can generally make a procedural, uncomplicated, or unopposed motion at any time.
In most cases, you must attend at least one conference to discuss the main issues in your case before you are allowed to make a motion for a temporary order. There are very limited exceptions, including:
- Urgency (for example, where you or your child’s safety is at immediate risk).
- Hardship (for example, where a support order is necessary to provide basic living conditions such as shelter, clothing, and food for your children, and you cannot wait until a conference).
You should think carefully before you make a motion for a temporary order before a conference. If the judge decides it was not necessary to do so, the judge may order you to pay the other party’s legal costs related to your motion.
Steps to Making a Motion
To make a motion, you need to:
- Ask the court for a motion date.
- Identify and fill out your motion forms.
- Serve and file your motion forms.
- Confirm that you will attend the motion.
- Go to your motion hearing.
- Receive the judge’s decision.
While these are the steps to make a motion in most situations, please note that special rules apply to particular types of motions (for example, a motion for a contempt order). You may need to take a few different or additional steps in these circumstances. You should always refer to the Family Law Rules to confirm the rules and forms that apply in your case.
Step 1: Ask the Court for a Motion Date
You must contact the family court office for a motion date. Some courthouses keep one or more days open each week to hear motions and you can bring your motion on any of those days. In other courthouses, you must book a specific time for your motion.
You should check with the other party (or their lawyer) to see when they are available before you book your motion.
If you need an interpreter or any special arrangement because of a disability, ask for special arrangements in advance of your motion date. You can speak with any court staff or the Accessibility Coordinator at the courthouse about what you need.
Learn more about court interpreters.
You can also ask that the motion be held by telephone or videoconference, with the judge’s advance permission.
Step 2: Identify and Fill Out Your Motion Forms
You can find court forms online or at any family court office.
You can complete the forms on a computer or by hand. Please make sure your handwriting is clear. Court staff can’t complete the forms for you.
You should make at least two photocopies of all your completed forms – one copy for yourself, one copy for the other party, and the original for the court.
Forms to Make a Procedural, Uncomplicated, or Unopposed Motion
If you want to make a procedural, uncomplicated, or unopposed motion, you must usually fill out the following forms:
- Form 14B: Motion Form. You must write the orders you’re asking the court to make, as well as the rules and laws that apply to the facts of your case.
- Form 14A: Affidavit (General). In this form, you give the evidence to show why you want the court to make the orders you’re asking for. You can attach any relevant documentary evidence to this form as an “exhibit.” Your affidavit must identify each exhibit that you attach, in an alphabetic sequence (for example, you may write “Attached as ‘Exhibit A’ is a copy of an access schedule, agreed upon by me and the respondent”). You must swear or affirm that the information in this form is true, and sign the form in front of a commissioner for taking affidavits. There are commissioners at all family court offices who will commission the form for free.
- An updated Cumulative Table of Contents. Each time you serve and file motion materials with the court, they form part of the Continuing Record in your case and you have to update the Table of Contents.
- If you’re asking for a child support or spousal support order:
- A draft Support Deduction Order (also available at the court office).
- A Support Deduction Order Information Form (also available at the court office).
- If you and the other party are making the motion on consent:
- Any written agreement or minutes of settlement that was signed by both of you.
- A draft Form 25: Order, if possible. In this form, you list the orders that you want the court to make. If the judge agrees, they may sign this form and it becomes your official court order.
Forms to Make a Motion for a Temporary Order
If you want to make a motion for a temporary order, you must usually fill out the following forms:
- Form 14: Notice of Motion. You must write the date, time, and location of your motion (which you scheduled at Step 1) and the orders you’re asking the court to make.
- Form 14A: Affidavit (General). In this form, you give the evidence to show why you want the court to make the orders you’re asking for. You can attach any relevant documentary evidence to this form as an “exhibit.” Your affidavit must identify each exhibit that you attach, in an alphabetic sequence (for example, you may write “Attached as ‘Exhibit A’ is a copy of an access schedule, agreed upon by me and the respondent”). You must swear or affirm that the information in this form is true, and sign the form in front of a commissioner for taking affidavits. There are commissioners at all family court offices who will commission the form for free.
- An updated Cumulative Table of Contents. Each time you serve and file motion materials with the court, they form part of the Continuing Record in your case and you have to update the Table of Contents.
- If your motion relates to child support, spousal support, or property, you may need an updated Financial Statement (Form 13, Form 13.1, or Form 14A). Please see A Guide to Procedures in Family Court, Part 4: Financial Disclosure for more information on how to update your Financial Statement. You may also refer to Rule 13 of the Family Law Rules.
- If you’re asking for a child support or spousal support order:
- A draft Support Deduction Order (also available at the court office).
- A Support Deduction Order Information Form (also available at the court office).
- If your case is in the Superior Court of Justice or the Family Court Branch of the Superior Court of Justice, you may need a Factum or Summary of Argument. This is where you write out the rules and laws that apply to the facts in your case, which support your motion. For more information, refer to the court’s provincial and regional Practice Directions.
Get Help Completing Your Court Forms
If you want help filling out the forms and you don’t have a lawyer, you can:
- Visit a Family Law Information Centre (FLIC).
- Use the Guided Pathways to Family Court Forms.
- Visit the Steps to Justice website.
You can find more information about these resources in A Guide to Procedures in Family Court, Part 1: Information Before You Start Your Family Case.
Step 3: Serve and File Your Motion Forms
After you fill out all your forms to make a motion, you must:
- Serve copies of all your completed forms on every other party in your case, using regular or special service, at least 6 business days before your motion date.
- Complete and swear or affirm Form 6B: Affidavit of Service in front of a commissioner for taking affidavits.
- File your original motion forms and Affidavit of Service (Form 6B) with the court at least 4 business days before your motion date. You can find more information about how to file documents in A Guide to Procedures in Family Court, Part 5: Filing Documents.
You can find more information about how to serve documents in A Guide to Procedures in Family Court, Part 6: Serving Documents. You may also refer to Rule 6 in the Family Law Rules.
Step 4: Confirm that You will attend the Motion
To confirm that you will attend your motion, you must:
- Try to communicate (verbally or in writing) with the other party or their lawyer about the issues in your case, unless there is a court order that prohibits you from communicating.
- Complete Form 14C: Confirmation of Motion. You have to include information about the orders you’re asking for, the forms that the judge should read, where those forms are located in the Continuing Record (the volume and tab number), and how much time you will need to present your motion.
- Give a copy of your completed confirmation form (Form 14C) to the other party or their lawyer using mail, fax, email, or another method.
- File your confirmation form (Form 14C) with the court no later than 2:00 p.m. three business days before the motion date. You can file your form in person at the courthouse. Alternatively, some courts allow you to fax or email the form.
If you don’t file your confirmation form with the court on time, your motion will be cancelled unless the court orders otherwise.
If you file your confirmation form (Form 14C) with the court but then realize it’s incorrect, you must immediately give a corrected confirmation form to the other party and the court clerk before your motion date, if possible.
Step 5: Go to Your Motion Hearing
You will have to go to the courthouse for your motion hearing unless:
- You are making a procedural, uncomplicated, or unopposed motion, and
- You asked in your motion form (Form 14B) that the court deal with your motion based only on your written material.
Your motion will be held in a courtroom at the courthouse. It can also be held by telephone or videoconference, with the judge’s advance permission.
You should arrive at the courthouse 30 to 60 minutes before the time your motion is scheduled to begin. This will give you time to find the room where your motion will be and get ready to see the judge. If you don’t have a lawyer, you should try to speak to any available Duty Counsel, who may be able to give you legal assistance. Legal Aid Ontario provides Duty Counsel at certain times in many family courts across Ontario to people who are financially eligible for their services.
In order to find your courtroom, look for your name and court file number on the case event list. The list is usually posted on a board near the entrance to the court or outside each courtroom. If you don’t know where to go, ask court staff for help.
You should check in with the clerk when you find your courtroom. If court is already in session, wait to talk to the clerk until there is a break in the session.
If you need an interpreter or any special arrangement because of a disability, ask for special arrangements. You can speak with any court staff or the Accessibility Coordinator at the courthouse about what you need.
In some courts, motions are scheduled in groups and so you may have to wait for your turn. When the judge enters, you should stand and remain standing until the clerk says that you can be seated. When your name is called, you and the other party will sit at the tables at the front of the courtroom.
You and the other party in your case will have to tell the judge what you’re each asking for and what your evidence is. The judge usually first hears from the moving party, and then the responding party.
You can only speak to the judge about the information that you included in your motion forms served on the other party and filed with the court. The judge may also ask you or the other party questions. There are usually no witnesses at a motion.
Step 6: Receive the Judge’s Decision
At the end of the motion, the judge usually makes a temporary order that stays in place until the court makes a different temporary decision or a final decision later in your case.
The judge may make a decision right away or they may reserve their decision to a later time. This means that they need time to review the evidence. You may have to come back to court for the judge’s decision or you will be notified of the decision in writing.
If the judge has questions for you or the other party, the clerk will contact you with a court date or provide you with a copy of the judge’s endorsement that sets out any additional steps that you should take.
Steps to Respond to Another Party’s Motion
If another party has served motion forms on you, you must usually respond by taking the following steps:
- Complete the following forms:
- Form 14A: Affidavit (General). In this form, you give the evidence to show your side of the story, and whether or not you agree with the orders the other party is asking for. You can attach any relevant documentary evidence to this form as an “exhibit.” Your affidavit must identify each exhibit that you attach, in an alphabetic sequence (for example, you may write “Attached as ‘Exhibit A’ is a copy of an access schedule, agreed upon by me and the respondent”). You must swear or affirm that the information in this form is true, and sign the form in front of a commissioner for taking affidavits. There are commissioners at all family court offices who will commission the form for free.
- An updated Cumulative Table of Contents. Each time you serve and file motion materials with the court, they form part of the Continuing Record in your case and you have to update the Table of Contents.
- If the motion relates to child support, spousal support, or property, you may need an updated Financial Statement (Form 13, Form 13.1, or Form 14A). Please see A Guide to Procedures in Family Court, Part 4: Financial Disclosure for more information on how to update your Financial Statement. You may also refer to Rule 13 of the Family Law Rules.
- If your case is in the Superior Court of Justice or the Family Court Branch of the Superior Court of Justice, you may need a Factum or Summary of Argument. This is where you write out the rules and laws that apply to the facts in your case, which support your response to the motion. For more information, refer to the court’s provincial and regional Practice Directions.
- Make at least two photocopies of all your completed forms – one copy for yourself, one copy for the other party, and the original for the court.
- Serve a copy of all your responding forms on the other party, using regular or special service. You can find more information about how to serve documents in A Guide to Procedures in Family Court, Part 6: Serving Documents. You may also refer to Rule 6 of the Family Law Rules.
- Complete and swear or affirm Form 6B: Affidavit of Service in front of a commissioner for taking affidavits.
- File your original responding forms and completed Affidavit of Service (Form 6B) with the court. You can find more information about how to file documents in A Guide to Procedures in Family Court, Part 5: Filing Documents.
- Go to the motion hearing, unless it is a procedural, uncomplicated, or unopposed motion (Form 14B) that is being heard based only on written material.
You need to serve and file your responding motion forms:
- At least 4 business days before the motion date, if you were served with a motion for a temporary order (Form 14).
- At least 4 business days after the motion forms were served on you, if you were served with a procedural, uncomplicated, or unopposed motion (Form 14B).
Making a Motion without Notice
In most situations, you will need to give notice to the other party that you are making a motion. This means that you serve your motion forms on the other party, and they have the opportunity to respond and tell the court their position.
In limited circumstances, you may be able to make a motion without giving notice to the other party. This is called making a motion without notice (or an ex parte motion). The other party will not know that you are asking the court to make an order, and they will not have the chance to tell the court their side of the story before the motion date.
A motion without notice may be allowed in situations like the following:
- Notice is either unnecessary or not reasonably possible. For example, where you have made efforts to locate the other party, but cannot find them to notify them.
- There is an immediate danger that your child will be removed from Ontario, and the delay to give the other party notice would probably have serious consequences.
- There is an immediate danger to the health or safety of you or a child, and the delay to give the other party notice would probably have serious consequences.
- Serving a notice of motion would probably have serious consequences.
You should think carefully before you make a motion without notice. If the judge decides it was not necessary to do so, the judge may order you to pay the other party’s legal costs related to your motion.
A motion without notice requires the same forms as a motion with notice, but you also need to:
- Ask the court for permission to make your motion without notice. You do this in your motion form (Form 14 or Form 14B).
- Complete and file a draft Form 14D: Order on Motion Without Notice. In this form, you list the orders that you want the court to make. If the judge agrees, they may sign this form and it becomes your official court order.
You do not serve your motion forms on the other party when you are making a motion without notice.
You must file your documents with the court on or before the motion date.
If the judge hears your motion and makes an order, you must usually serve a copy of all your motion forms and the judge’s order on the other party right away.
In many cases, you will have to go back to the court within 14 days. This is to give the other party a chance to tell the judge their side of the story. The judge can then decide whether the original order should remain in place, be changed, or no longer stay in place.