If you want to ask the judge for a temporary order, you can serve and file a motion. For example, you may want an order from a judge regarding decision-making for your child.
It is important that you know that you must attend a case conference dealing with the substantive issues before you can serve a notice of motion or have a judge hear your motion.
If you are asking the court for the motion, you are called the moving party. The other party is called the responding party.
You need to ask the court for a motion date. A good practice is to check with the other party to see when they are available before you ask the court for a court date to hear your motion.
Typically, the motion will be heard where your case is being heard. Rule 5 of the Family Law Rules (Where a Case Starts and is to be Heard) also applies to motions.
There are different types of motions. There are motions on consent (both parties agree about an issue), motions without consent (both parties do not agree about an issue), an urgent motion with notice to the other party and an emergency or urgent motion without notice to the other party.
There are also procedural, uncomplicated or unopposed motions, called 14Bs, where you ask the court for an order on consent for different procedural orders. An example of a 14B might be that both parties agree to allow a party to file a document late. For 14B motions, you complete Form 14B instead of Form 14 (Notice of Motion) and Form 14A (Affidavit).
In most cases, you can only ask for a motion once you have completed a case conference. However, if you are requesting a 14B motion, a motion on consent or if you are asking for an emergency or urgent motion, you may not need to have completed the case conference first.
Rule 14 of the Family Law Rules is the rule to request a temporary order. Read Rule 14 carefully so that you can decide which kind of motion applies to you.
For information about different types of motions, the Community Legal Education Ontario (CLEO) organization has information to assist you: Court Motions
The Ministry of the Attorney General has produced a guide for motions. You may find it here: Guide to procedures in family court: Motions in family court | Ontario.ca
If you are asking the judge for a motion, you must fill out several forms. Complete a Form 14 (Notice of Motion) and a Form 14A (Affidavit). In Form 14, you will list the orders that you are requesting at the motion. In Form 14A, you will include your evidence and explain why you want the court to make the orders you are asking for in your motion. Please note that you must swear or affirm Form 14A.
The Community Legal Education Ontario (CLEO) organization provides a “guided pathway” to help you fill out your motion forms: Guided Pathway for making or responding to a motion - Steps to Justice.
Useful resourcesService and filing requirements
Family Law Rules
For motions on notice, you must serve your documents on the other party. To do this, you must follow Rule 14(11) of the Family Law Rules. The moving party must serve Form 14 and Form 14A on all the other parties not later than six (6) days before the motion. You must also file the documents no later than four (4) days before the motion.
If you are the Responding Party, you must serve the Moving Party with your responding documents and file them at least four (4) days before the motion. You can respond by filling out, serving and filing a Form 14A.
You must serve all your documents to the other party within a certain time period. The Ministry of the Attorney General has a guide that can help you with the time periods for serving your documents. It also shows you how to count days: Guide to procedures in family court: Timelines for serving and filing documents | Ontario.ca
The Ministry of the Attorney General prepared a guide that includes information on serving documents on the other party. You may find it here: Guide to procedures in family court: Serving your documents | Ontario.ca
Both parties must file the Affidavit of Service Form 6B with the court. The Affidavit of Service Form tells the court that the other party was served with a copy of your documents.
Along with your motion documents, you will need to update your financial statement if it is more than 60 days since you completed the original Financial Statement that you filed with the court. You must fill out, serve, and file one of the following:
You also must fill out Form 13A : Certificate of Financial Disclosure. In it, you list all the documents that prove what you said in your financial statement.
You need to confirm with the court that you will be attending the motion with a Form 14C: Confirmation of Motion. It is very important that you read Rule 14(11)(d) and (e) for more information about confirming your attendance at the motion. You must also fill in form 14C and deliver it to the court office no later than 2:00 p.m. three (3) days before the motion. If you do not confirm that you will be attending the motion, it could be cancelled by the court.
You should make three (3) copies of each of your documents – one for yourself, one for the other party and the original for the court.
Useful resourcesFamily Law Rules
Guides to procedures in Family Court
The Honourable Esther Rosenberg
Regional Senior Justice
The Honourable Justice John F. Adamson
The Honourable Justice Cecile Applegate
The Honourable Justice Nathan N. Baker
The Honourable Justice Timothy E. Breen
The Honourable Justice Philop J. Brissette
The Honourable Justice Jennifer Broderick
The Honourable Justice Paul Burstein
The Honourable Justice Edward A. Carlton
The Honourable Justice Paul M. Cooper
The Honourable Justice Lara A. Crawford
The Honourable Justice Nancy A. Dawson
The Honourable Justice Mary Teresa E. Devlin
The Honourable Justice Jon-Jo Douglas
The Honourable Justice Nyron Dwyer
The Honourable Justice Robert Gattrell
The Honourable Justice Amit A. Ghosh
The Honourable Esther Rosenberg
Regional Senior Justice
The Honourable Justice John F. Adamson
The Honourable Justice Cecile Applegate
The Honourable Justice Nathan N. Baker
The Honourable Justice Timothy E. Breen
The Honourable Justice Philop J. Brissette
The Honourable Justice Jennifer Broderick
The Honourable Justice Paul Burstein
The Honourable Justice Edward A. Carlton
The Honourable Justice Paul M. Cooper
The Honourable Justice Lara A. Crawford
The Honourable Justice Nancy A. Dawson
The Honourable Justice Mary Teresa E. Devlin
The Honourable Justice Jon-Jo Douglas
The Honourable Justice Nyron Dwyer
The Honourable Justice Robert Gattrell
The Honourable Justice Amit A. Ghosh
If you have a final order from a judge or an Agreement for Support Filed under s.35 of the Family Law Act, and you would like to change it because your circumstances have changed but the other party does not agree with the change, you need to request a motion to change. Motions to change are covered by Rule 15 of the Family Law Rules. Read Rule 15 carefully if you want to bring a motion to change.
If you have an Agreement for Support Filed under s.35 of the Family Law Act (typically a separation agreement but may include other agreements. See section 51 of the Family Law Act for other agreements), you can file the agreement with the Ontario Court of Justice. You must also file an affidavit stating that the agreement is in effect and has not been set aside or varied by the court. By filing the agreement, support provisions within the agreement may be enforced and varied as if it is an order of the court. Once it is filed, the Family Responsibility Office will be able to assist in enforcing the agreement. See s.35 of the Family Law Act for more information. The Community Legal Education Ontario (CLEO) has information on filing your agreement with the court. You may find it here: Filing your Separation Agreement with the Court.
Rule 8(2.1) of the Family Law Rules has information on making changes to your agreement when Rule 15 applies but you want to make a claim in which Rule 15 does not apply.
If you are asking the court for the motion to change, you are called the Moving Party. The other party is called the Responding Party.
If you want to change spousal support or your child arrangements in a final order or agreement and both parties do not agree to the change, there must be a “Material Change in Circumstances”. This means that your family situation has changed so much that you need to change the terms of the final order or agreement. You can find examples about material change on the Community Legal Education Ontario (CLEO) website here: Figure out if there has been a change - Steps to Justice.
You need to ask the court for a motion date. A good practice is to check with the other party to see when they are available before you ask the court for a court date to hear your motion.
Typically, the motion will be heard where you obtained your final order. Rule 5 of the Family Law Rules applies to motions.
For information about motions to change, the Community Legal Education Ontario (CLEO) organization has information to assist you: Motions to Change.
The Ministry of the Attorney General has produced a guide for motions to change. You may find it here: Motions to Change | Ontario.ca
If you are asking the judge for a Motion to Change, you must complete several forms, including Form 15 Motion to Change form. If you are asking for changes involving the decision-making responsibility, parenting time or contact for your children, you must also complete Form 35.1 Affidavit (decision-making responsibility, parenting time, contact). You must also include a certified copy of the final order that you want to change.
If you are the Moving Party, you must also serve the Responding Party with a blank response to motion to change Form 15B and a blank consent motion to change Form 15C.
You may need to serve a copy of your issued motion to change child support documents on the Family Responsibility Office if you and the other party used Ontario’s online Child Support Service within thirty-five (35) days of filing the motion to change. are asking for a change to child support. See Rule 15(8.1) of the Family Law Rules for more information on this.
The Community Legal Education Ontario (CLEO) organization provides a “guided pathway” to help you fill out your forms:
If you are the Moving Party and requesting the motion to change, you should use Form 15: Guided Pathways for requesting a motion to change: Form 15 - Steps to Justice.
If you are the Responding Party and are responding to a motion to change, you should use Form 15B: Guided Pathways for responding to a motion to change: Form 15B - Steps to Justice.