Navigating a motion in family court can be a complex process, demanding thorough preparation and an understanding of procedural nuances. Whether your motion is conducted in person or virtually, knowing what to expect and how to prepare can significantly impact the proceedings. Here’s a detailed guide to help you navigate this critical phase of your case effectively.
Pre-Motion Communication
The Family Law Rules mandate that you or your lawyer must attempt to communicate with the other party before the motion to resolve as many issues as possible (see subrule 14 (11)(c)). This proactive step can streamline the process and focus the motion on truly contentious points.
Arrival and Orientation at the Courthouse (for in-person motions)
Arrive at least 30 minutes early. This allows time for last-minute discussions with the other party and aligns with the Family Law Rules requirement for pre-hearing discussions unless a court order prohibits contact.
Locate your courtroom by asking court staff or consulting the online Daily Court Lists. Upon finding the courtroom, sign in with the court registrar. Be prepared to wait for your turn as the judge addresses a list of scheduled motions, possibly prioritizing shorter ones.
Virtual Motions
If your motion is virtual, ensure you have the Zoom or virtual hearing details, typically provided in your CaseLines file or by the court’s Trial Coordination Office.
The Courtroom Process
While waiting, inform the court registrar if you’ve reached an agreement with the other party or if you anticipate the other party’s absence. This can help optimize the schedule. Consider utilizing on-site mediators, if available and agreed upon, to resolve issues amicably.
Making Your Submissions
Be prepared to articulate clearly the orders you seek from the Court and the evidence supporting your requests. Stick to the evidence presented in your motion materials or those filed by the other party, as the judge will not entertain external information.
The judge typically hears first from the moving party, followed by the responding party. Be ready to answer any questions the judge might have.
At the conclusion, the judge may issue a temporary order, maintaining the status quo while parties work towards a final resolution. The decision could be immediate or reserved for a later time. If reserved, the judge’s written decision, known as an endorsement, will be communicated later. If the judge reserves their decision, it indicates a need for further deliberation. You might be required to return to court for the decision or receive it in writing.
Jessica Lipton, Associate Lawyer
If you have disabilities that impact your ability to participate, reach out to the court’s Accessibility Coordinator for assistance.
Preparing for a motion involves not just understanding the procedural steps but also engaging in strategic communication and being thoroughly prepared to present your case effectively. With a clear roadmap of what to expect and how to navigate each phase, you can approach your motion with confidence and clarity.
*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
