In a motion for a temporary order, the moving party brings one or more issues in a case before a judge and asks for temporary relief, such as interim spousal or child support, to last until a final order is made. A motion can be brought at any time in the proceeding, provided the subject matter of the motion has been discussed at a case conference. (If the matter is urgent, it may be possible to bring your motion without a case conference first.)
A party can also bring a motion to change an existing order, such as a child support order. In either instance, the motions judge will not be the same judge who presided over your case conference or settlement conference.
At the motion, each party has a chance to present their case. The judge will then either make a decision immediately, or reserve.
How to File a Motion
Rule 14 governs motions for temporary orders, and Rule 15 applies to motions to change a final order or agreement. To request a motion for temporary orders, the moving party must file a Form 14: Notice of Motion and a Form 14A: Affidavit setting out the facts supporting the relief claimed in the motion. You must file a Form 14C: Confirmation at least 2 days before the motion date.
For more information on filling out the required forms for a motion to change (which includes tips that will pertain to a motion for temporary order) see our forms page.
You can get insight that applies to your unique case by calling our Ontario divorce lawyers at (905) 581-7222 and arranging a free in-office consultation. Contact Feldstein Family Law Group P.C. today!