Motions in Ontario family court - what they are
A motion in Ontario family court asks the judge for a temporary order while the case continues. Typical examples: temporary parenting time, temporary child or spousal support, exclusive possession of the matrimonial home, an order requiring the other side to produce financial disclosure. Motions are decided based on sworn affidavit evidence and short oral argument — not a full trial. They are how Ontario family courts manage the months or years between when a file is opened and when it is finally resolved. Temporary orders matter beyond their nominal "temporary" status: they often set the pattern that becomes final.
Motions run under Rule 14 of the Family Law Rules. Under that rule, you generally need to attend a case conference before bringing a motion, unless the matter is urgent.
When this does apply
A motion fits when something needs to be decided now, and waiting until trial (months or years away) would cause real harm. Typical Ontario examples: a parent has been excluded from seeing their kids; child support is being withheld; the matrimonial home is being sold without consent; financial disclosure has been demanded for months and ignored. To bring a motion, you file a Form 14 Notice of Motion stating exactly what you want the court to order, supported by a Form 14A Affidavit setting out the sworn facts. The other side files a responding affidavit. Both are exchanged 7 to 14 days before the motion hearing. The hearing itself runs 30 minutes to two hours depending on complexity. The judge often delivers oral reasons at the end; sometimes written reasons follow.
When this doesn't apply
Procedural motions both sides agree on use Form 14B and do not require a hearing — the judge reviews the consent paperwork and signs. Urgent motions can be brought before the case conference, but the bar for urgency is high: immediate harm to a child, dissipation of assets, family violence. Motions also do not work for issues better suited to final determination — broad parenting orders, equalization of property, final support. Those wait for settlement or trial. A motion sets a temporary order for the duration of the case; the trial sets the final order. Bringing a motion for matters the judge would prefer to decide at trial wastes time and costs money.
What to do
If you are considering a motion, ask first whether the issue can be solved without one. Can you write a clear letter to the other side requesting what you need? Can the issue be raised at the next case conference? Can mediation address it? Motions are expensive — even self-represented they consume preparation time, court time, and emotional energy. If a motion is genuinely the right step, get advice from a paralegal or lawyer on whether your affidavit is strong enough to win. A weak motion you bring yourself can prejudice your file for the duration; a well-prepared motion can produce a temporary order that resolves a real harm. The judgment call about whether and when to bring one is the most important part.
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Frequently asked questions
What is a motion in Ontario family court?
A motion asks the court for a temporary order while the case continues. Typical examples include temporary parenting time, temporary support, exclusive possession of the matrimonial home, or an order to produce financial disclosure. Motions are decided on sworn affidavit evidence and short oral argument, not a full trial.
When can I bring a motion in Ontario family court?
Generally after the case conference, under Rule 14 of the Family Law Rules. Urgent motions can be brought before the case conference if the matter involves immediate harm to a child, dissipation of assets, or family violence. Routine pre-conference motions are rare; the court prefers issues to come to a head at the case conference first.
What forms do I need for a motion in Ontario family court?
Form 14 (Notice of Motion) and Form 14A (Affidavit). Form 14 states exactly what you want the court to order; Form 14A is the sworn evidence supporting the request. For procedural motions both sides agree on, Form 14B is used instead - the judge reviews and signs without a hearing.
How long does an Ontario family court motion take?
From filing to hearing is usually four to ten weeks, depending on courthouse backlog. The hearing itself runs 30 minutes to two hours. The judge often delivers oral reasons at the end; sometimes written reasons follow within a few weeks. Urgent motions can be heard much faster - sometimes within days.
How much does a motion cost in Ontario family court?
Court fees themselves are modest - usually under $200. The real cost is preparation: drafting the affidavit, organizing exhibits, responding to the other side, oral argument. A lawyer-prepared motion typically costs $2,500 to $10,000 per side depending on complexity. Self-represented motions cost only the filing fee but require time and judgment.