In Ontario, an interim parenting order (formerly an interim custody order) lasts until a judge makes a final decision at trial or both parents sign a binding settlement. Due to severe court backlogs, this “temporary” phase often lasts 1 to 2 years.
When a marriage breaks down in Ontario, children cannot wait years for the legal system to figure out where they will live. Whether you are filing for divorce in Toronto, London, or Sudbury, the court needs to establish immediate stability. This is done through an interim order, which dictates temporary rules for the family. 👪
Under the updated Children’s Law Reform Act and the Divorce Act, the word “custody” has been replaced. Courts now grant “interim parenting time” (schedules) and “interim decision-making responsibility” (health, education, religion). While these orders are technically temporary, they become the binding law of your family for a very long time. 📝
Step-by-Step Process for Interim Parenting Orders in Ontario
Securing an interim order requires bringing a formal “Motion” before a family court judge. This is a highly strategic process. Judges strongly favour the “status quo”-meaning they try to keep the child’s routine as close to normal as possible until a full trial can happen. 💼
Step 1: Initiating the Court Application
Before you can ask for an interim order, there must be an active lawsuit. One parent must formally file an Application (Form 8 or 8A) at the Superior Court of Justice or Family Court, outlining their final demands for divorce, support, and parenting time. 📄
Step 2: Filing a Notice of Motion
Once the case is open, you file a Notice of Motion (Form 14). This document tells the court and your ex-spouse exactly what temporary rules you want enforced right now. You must attach a sworn Affidavit (Form 14A), which tells your side of the story and provides evidence of why your plan is best for the child. 📰
Step 3: Attending a Case Conference
Ontario family courts mandate that you must attend a Case Conference before a judge will hear your motion (unless there is a severe emergency, like child abuse). This is an informal meeting where a judge tries to help both parents negotiate a temporary agreement without the need for a vicious legal battle. 💬
Step 4: The Motion Hearing
If parents cannot agree, the motion proceeds to a hearing. Unlike TV shows, there are no witnesses testifying during an interim motion. The judge strictly reads the Affidavits, listens to the lawyers argue, and makes a legally binding temporary order based on the “best interests of the child.” ⚖️
Step 5: Following the Order Until Settlement or Trial
Once signed, the interim order is the absolute law. It remains fully active until it is legally superseded by a Final Order (issued after a formal trial) or a Final Separation Agreement signed mutually by both parties. You must follow it strictly, even if you disagree with it. 🔒
Interim vs. Final Parenting Orders
It is important to understand the differences between these two stages of litigation. Here is how interim and final orders function in Ontario: 🔍
| Feature | Interim Order | Final Order |
|---|---|---|
| Duration | Lasts only until the end of the divorce process. | Lasts until the child turns 18 or circumstances severely change. |
| Evidence Used | Based purely on paper Affidavits and lawyer arguments. | Based on witness testimony, cross-examination, and full trial evidence. |
| Goal | Maintains stability and the “status quo” temporarily. | Establishes a permanent parenting and decision-making framework. |
How Much Does it Cost in Ontario?
Family law motions are expensive because they require aggressive preparation. Here are the typical costs for securing an interim parenting order in CAD: 💵
- Court Filing Fees: Initiating an Application in Ontario family court costs $212 CAD, though filing the subsequent motion itself usually has no additional fee.
- Lawyer Fees (Simple): If the motion is relatively uncontested or settled at the Case Conference, legal fees generally range from $3,000 to $5,000 CAD.
- Lawyer Fees (Complex): If the motion is heavily fought with massive Affidavits and cross-examinations, expect to pay your lawyer between $7,000 and $15,000+ CAD just for the interim phase.
How Long Does the Process Take?
Getting in front of a judge takes time. Booking a Case Conference and an interim motion hearing usually takes 2 to 4 months depending on local court backlogs. Once the interim order is granted, it typically remains in effect for 1 to 2 years while you wait for a final trial date or negotiate a settlement. ⏳
Frequently Asked Questions (FAQ)
Can an interim order be changed later?
Yes, but it is difficult. You must prove there has been a significant and unforeseen “material change in circumstances” (such as a parent moving away or becoming a danger to the child) to convince a judge to alter an interim order before trial.
What happens if my ex violates the interim order?
An interim order has the exact same legal weight as a final order. If a parent violates it, they can be held in contempt of court, face financial penalties, or have their parenting time drastically reduced by the judge.
Do we have to go to trial?
No. Most parents in Ontario realize that trials are incredibly expensive and stressful. You can negotiate a final Separation Agreement at any time, which will automatically replace the judge’s interim order once filed.
What does “status quo” mean in Ontario courts?
The status quo refers to the child’s living arrangements in the months immediately following the separation. Judges hesitate to disrupt the child’s routine on a temporary basis, so they often legally enforce whatever schedule the parents were already informally following.
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