How Family Court Motions Work in Ontario

What Is a Motion, in Plain Language?

Once a family court case has been started, it generally doesn't move in one straight line from filing to a final decision. Along the way, something can come up that genuinely needs an answer sooner than the rest of the case will be resolved — a temporary parenting schedule while a bigger dispute plays out, an order for one party to produce a document they've been withholding, or a request to adjust a court date. A motion is generally the tool the court process uses for exactly that: a request asking a judge to decide one specific issue, or make one specific order, without waiting for the whole case to be finished.

Put simply, if the full family court case is the whole conversation between two people working out their parenting, support, and property arrangements, a motion is more like a single, focused question raised partway through that conversation — one that a judge is asked to answer now, so that both people can keep functioning day-to-day while the larger conversation continues. This page stays at that general, conceptual level. For the detailed procedural steps — forms, notice periods, and what a motion record generally includes — see our in-depth guide to Motions.

When People Generally Bring a Motion

People consider bringing a motion for a wide range of reasons, and the specific circumstances vary enormously from case to case. Some general categories that come up often include:

• Needing a temporary, interim arrangement for parenting time or decision-making while the larger case is still ongoing — see Parenting Time for how these arrangements are generally structured.
• Needing an interim decision about child support or spousal support so that household expenses can be managed while the case continues.
• One party not providing financial or other disclosure they are generally required to provide, prompting the other party to ask the court to compel it.
• A procedural issue that needs resolving before the case can move forward, such as a disagreement about a court date or the scope of what needs to be disclosed.
• A situation involving a genuine safety concern or a child at apparent risk that cannot reasonably wait for the case's normal conference schedule — this is where an urgent or emergency motion may come in, discussed further below.

Whether a motion is the right tool for a particular problem depends heavily on the facts, and not every disagreement during a case calls for one. Many issues are still worked out through ordinary negotiation or at a scheduled case conference rather than a motion.

How a Motion Generally Works

In general terms, a party who wants to bring a motion generally has to prepare specific court documents setting out what they are asking for and the evidence supporting that request, then generally has to give the other party notice and a set amount of time to respond before the motion is heard. A judge then generally hears from both sides — often at a shorter, more focused hearing than a full trial — and either makes a decision or gives directions about next steps.

A decision made on a motion is generally described as interim or temporary — it manages the situation while the larger case continues, rather than deciding the case once and for all. The rest of the case, including any final decisions, generally still proceeds through its own conferences and, if needed, a trial. See our companion overview of the family court process for how motions generally fit alongside conferences and other stages, and see Motions for the full procedural detail behind this general description.

Urgent and Emergency Motions

Because the normal motion process generally involves giving the other party advance notice and time to respond, it isn't built for situations where waiting even a short period could cause real harm. For that reason, Ontario family courts generally have some form of urgent or emergency motion process, meant for situations that genuinely cannot wait for the usual notice period — for example, a pressing safety concern or a child who appears to be at risk.

If you or a child is in immediate danger, this page is not the right resource. Call 911, or see our Urgent Help & Safety page for real Canadian crisis and safety helplines. Court processes, including urgent motions, take time to arrange even on an expedited basis and are not a substitute for immediate emergency response.

Urgent or emergency motions generally come with a higher bar than an ordinary motion — the party asking for one generally has to show the court why the situation is genuinely urgent and why it cannot follow the normal notice and timing rules. Exactly how a particular court handles these requests, and what counts as sufficiently urgent, can vary. If your situation touches on family court urgency specifically, our companion article on urgent family court issues looks more closely at what the court process generally offers in these situations, and Motions covers the fuller procedural picture.

What a Motion Is Not

It can help to be clear about what a motion generally is not, since the term gets used loosely in everyday conversation. A motion is not a separate lawsuit — it is generally a step inside an existing family court case, so a case generally needs to already be started before a motion can be brought. It is also not usually a way to get the whole case decided early; it is generally limited to the specific issue raised, leaving the rest of the case to proceed on its normal track. And it is not the same thing as a conference — a case conference is generally a broader, less formal discussion about the whole case, while a motion is generally a request for a specific, enforceable decision on one issue.

Getting Help With a Motion

Bringing or responding to a motion generally involves specific forms, deadlines, and rules of evidence, and getting these details wrong can affect how a motion is received. Many people find it useful to get help, whether from a family lawyer, a paralegal where permitted, or duty counsel and general information available through a courthouse's Family Law Information Centre. This is especially worth considering where the situation feels urgent, since the process for showing genuine urgency to a court generally has its own specific requirements.

There is generally no requirement to have a lawyer to bring or respond to a motion, and self-represented parties do so regularly. That said, because a motion is often used precisely when something time-sensitive or high-stakes is at issue, it is one of the areas where many people feel getting some professional guidance — even briefly — is worthwhile.

Frequently Asked Questions