Family Law: Motion(s)

In family law, after a case conference, a litigant may bring a family law motion before the court.

A motion may be made if one seeks a temporary order for a claim made in a family law Application, directions on how to proceed with a family law case, and/or an amendment to a temporary family law order (Family Law Rules, Rule 14(1)).

A motion may be made by a litigant in the family law case or by an individual with an interest in the case (Family Law Rules, Rule 14(2)).

A motion in family law requires two items, being a notice of motion (Form 14) and an affidavit (Form 14A). The affidavit ought to contain information within the knowledge of the person signing the affidavit (Family Law Rules, Rule 14(18)). The affidavit may contain information that the individual learned from someone else if the source of information is identified by name, and the individual states that he or she believes the information to be true (Family Law Rules, Rule 14(19)). The motion may also be supported by additional evidence.

A family law judge who hears a motion involving complicated matters may order that the entire motion or any part of the motion be heard as a trial, and he or she may give any directions that are required (Family Law Rules, Rule 14(7)).

Call Krol & Krol today at 905.707.3370 if you would like to book a consultation in order to learn more about your family law motion.