In the intricate landscape of family law, motions for temporary court orders are instrumental in setting interim arrangements while the case progresses. So what are nuances of these motions you need to know to ensure you navigate this process with clarity and precision?
Understanding Types of Motions and Their Purposes
Motions, governed by Rule 14 of the Family Law Rules, are pivotal in securing temporary orders on crucial matters such as child or spousal support, temporary parenting schedules, or residency in the family home. Here’s how to approach different types of motions:
- Temporary Orders (Notice of Motion: Form 14): This form initiates the process, detailing the date for court argumentation. Supporting this, a Form 14A Affidavit provides evidence backing your stance.
- Procedural or Uncomplicated Issues (Motion: Form 14B): For simpler, procedural requests, this form streamlines the process, potentially resolving matters without a court appearance. Consent from the other party can expedite this.
- Motions with Notice: Typically, motions demand prior notice to the opposing party, allowing them to prepare and respond adequately.
- Ex-Parte Motions (without notice): Reserved for dire circumstances where immediate action is required, these motions are granted under stringent conditions, emphasizing the urgency and potential consequences of delay.
Navigating Urgent Motions and Regular Proceedings
For matters of pressing urgency, an urgent motion can be presented before a case conference, subject to the court’s approval. These situations are scrutinized to ensure genuine urgency, avoiding unnecessary expedited procedures. Regular motions, conversely, are designed for matters that can be resolved within a concise timeframe, often less than an hour of court deliberation.
Special Considerations: Refraining Motions
In cases involving enforcement actions by the Family Responsibility Office (FRO), such as the suspension of a driver’s license due to missed support payments, a refraining motion comes into play. This motion is a critical step to prevent punitive actions by the FRO, demanding prompt and decisive action within specified deadlines.
Scheduling and Preparing for Your Motion
Scheduling a motion requires coordination with the court’s schedule and consideration of the availability of all parties involved. It’s essential to ensure that all required forms, including the Trial Scheduling Endorsement Form and any offers to settle, are meticulously prepared and filed. This preparation is pivotal in presenting a clear, comprehensive, and compelling case during the motion hearing.
Navigating temporary court orders through motions is a nuanced process, demanding strategic preparation, clear understanding of procedural norms, and timely action. Approach this process with thorough preparation, clarity of purpose, and an unwavering focus on your objectives.
Rick Peticca, Associate Lawyer
With the right strategy and guidance, motions can serve as a powerful tool in securing favourable interim arrangements in your family law case.
*this article was based, in part, on A Guide to Process for Family Cases at the Superior Court of Justice Ontario Superior Court of Justice
