If you are facing severe financial hardship or urgent issues regarding your children before your divorce is finalized, you can file a Form 14 Notice of Motion for temporary (interim) orders in Ontario. This allows a judge at the Superior Court of Justice to mandate immediate interim spousal support, establish temporary parenting time, or grant you exclusive possession of the matrimonial home while you wait for a final settlement.
Understanding Temporary Orders in an Ontario Divorce
A full divorce in Ontario can take over a year to resolve, especially if complex assets or businesses are involved. But what happens if you need money to buy groceries today? Or what if your ex-spouse refuses to let you see your children? The law recognizes that life cannot simply pause while you wait for a final trial. This is where interim relief, or Temporary Orders, come into play.
By bringing a motion before the Superior Court of Justice, you are asking a judge to make a quick, temporary ruling. 🔍 These orders are designed as a “band-aid” to maintain stability and fairness. For example, if you were a stay-at-home parent in Kingston or Brampton, an interim spousal support order will ensure the primary earner continues to pay the bills until a permanent equalization calculation is complete.
It is important to remember that temporary orders are exactly that: temporary. The decisions made at this stage are “without prejudice” to the final outcome. However, obtaining a favourable temporary order often sets a powerful precedent. Many local law firms note that temporary schedules for parenting time frequently become the status quo for the final Separation Agreement.
Step-by-Step Process to File a Motion for Temporary Orders
Filing a motion is a strict procedural task governed by the Ontario Family Law Rules. Unless the situation involves an absolute emergency (like the immediate risk of child abduction or domestic violence), you generally must attend a Case Conference before you are allowed to file a motion.
Step 1: Determining if You Have Met the Prerequisites
Under Rule 14, you normally cannot bring a motion until after a Case Conference has taken place. 👨⚖️ If you try to file early, the court clerk will reject your paperwork. The only exception is if your lawyer files an “Urgent Motion without Notice,” which requires proving severe, immediate harm or financial destitution.
Step 2: Drafting the Form 14 Notice of Motion
To begin, your legal team will prepare a Form 14 (Notice of Motion). This document tells the court exactly what interim orders you are requesting. Whether you are asking for temporary decision-making responsibility, a non-depletion order to freeze bank accounts, or exclusive possession of the home, your specific requests must be listed clearly.
Step 3: Preparing the Form 14A Affidavit
Your requests must be backed up by sworn evidence. 📑 You will sign a Form 14A Affidavit, which is a detailed written statement telling your side of the story. You must attach documentary evidence as “exhibits,” such as threatening text messages, unpaid utility bills, or bank statements showing that your spouse drained the joint accounts.
Step 4: Updating Your Form 13.1 Financial Statement
If your motion involves any request for money-such as child support or interim spousal support-your financial disclosure must be impeccable. You must file a fully updated Form 13.1 (Financial Statement) showing your current income, expenses, and lack of resources to prove to the judge why the temporary funds are necessary right now.
Step 5: Serving Materials and Arguing the Motion
Once filed with the court, the motion materials must be personally served on your spouse’s lawyer. 📬 Your spouse will have a chance to file their own responding affidavit. Finally, both lawyers will appear before a judge to argue the motion. Based on the affidavits and oral arguments, the judge will issue an immediate Temporary Order.
How Much Does it Cost in Ontario?
Litigating a motion is effectively a “mini-trial” and requires substantial preparation from your legal team. 💰 While it requires an upfront investment, securing interim support can cover your living expenses for the remainder of the divorce process.
- Court Filing Fees: Filing a Notice of Motion currently costs roughly $127 CAD in Ontario, though fees can vary slightly depending on the exact nature of the relief sought.
- Affidavit Drafting: Gathering evidence and drafting a persuasive, legally sound affidavit usually costs $1,500 to $3,500 CAD in lawyer fees.
- Court Appearance: Having your lawyer argue the motion in front of a judge generally costs between $1,000 and $3,000 CAD.
- Cost Awards: If you win your motion completely, the judge may order your ex-spouse to reimburse you for a portion of your legal fees. If you lose, you may have to pay theirs.
Common Types of Interim Orders
| Type of Temporary Order | What It Achieves | Burden of Proof Required |
|---|---|---|
| Interim Spousal Support | Ensures the lower-income spouse receives monthly payments to survive during litigation. | Proof of immediate financial need and the other spouse’s ability to pay. |
| Exclusive Possession of the Home | Forces one spouse to temporarily move out of the matrimonial home. | High. Must show domestic violence or that cohabitation is impossible and harming the children. |
| Non-Depletion Order | Freezes specific assets, bank accounts, or RRSPs to prevent a spouse from hiding cash. | Evidence that the spouse is actively draining or transferring funds out of the country. |
| Interim Parenting Time | Sets a strict temporary schedule for when each parent sees the children. | Must prove the schedule is in the immediate best interests of the child. |
How Long Does the Process Take?
If you have already completed your Case Conference, getting a standard motion heard usually takes 4 to 8 weeks, depending on the availability of judges in your specific Ontario municipality. If your situation involves genuine urgency-such as the threat of violence or a spouse emptying a bank account today-an “Urgent Motion” can be heard by a judge within 24 to 48 hours.
Frequently Asked Questions (FAQ)
Will an interim support order become permanent?
Not necessarily. An interim order is a temporary measure based on a brief review of the facts. At a final trial, a judge will conduct a thorough equalization calculation and may alter the spousal support amount significantly, or cancel it entirely.
Can I bring a motion before my spouse is served?
Only in extreme emergencies. This is called an “Ex Parte Motion” or “Motion Without Notice.” Ontario courts only grant these if warning your spouse would cause immediate danger to a child or result in the immediate destruction of major financial assets.
What happens if my spouse disobeys the temporary order?
A Temporary Order is a legally binding court order. If your spouse disobeys it (e.g., refusing to pay interim support), the Family Responsibility Office (FRO) can garnish their wages, or you can file a motion to have them found in contempt of court.
Do I have to testify in court during the motion?
Generally, no. Motions in Ontario family court are almost exclusively decided based on the sworn Form 14A Affidavits. You do not step into the witness box to speak; your lawyer will argue the legal merits of your affidavit directly to the judge.
Can I ask the judge to force my spouse to pay my lawyer?
Yes. You can request an “Interim Disbursements Order.” If you have no money but your spouse controls all the wealth, a judge can order your spouse to advance you funds from the matrimonial assets specifically to pay your law firm retainer.
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