What is a family law motion in Ontario?

A family law motion is brought in Ontario when one party requires a decision on an issue and cannot wait until for a trial to take place, where a decision will be made on all outstanding issues in the case.

Either party can bring a family law motion to the courts following the completion of an initial case conference. In situations of urgency or situations involving extenuating circumstances, a judge may make the decision to hear a family law motion before the parties attend a case conference.

In a family law motion, there is a moving party and a responding party. The moving party is the person who brings the family law motion. The responding party is the individual who answers the family law motion and responds to the demands of the moving party. Sometimes, the responding party will bring their own cross-motion asking the courts to address their own concerns.

The family law motion is commenced when the moving party serves the responding party with a Notice of Motion and an Affidavit.

The Order is the decision made by the judge after hearing the motion. Two kinds of Orders can be made following a family law motion in Ontario, being a temporary Order and a final Order. A temporary Order occurs when a judge makes a temporary decision on an issue and outlines the arrangements that are to be followed by both parties until a final decision on the issue is made. A final Order on a family law motion would be for a very specific issue which the judge feels can be determined at the stage of a motion and which does not require a trial for a final determination.

If you want more information about a family law motion in Ontario, if you wish to file a family law motion in Ontario, or if you have been served with a family law motion in Ontario, contact Krol & Krol at 905.707.3370 to schedule a consultation.