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How to / Motions

How to prepare motion materials

A motion is a way to ask the court for an order, often a temporary one. Start with Rule 14, Motions for Temporary Orders ↗, then check the Ontario Superior Court and East Region directions. Ottawa’s local notice tells you where to request a date and file.

1. Purpose: what this process aims to do

A motion asks the court for an order while a family case is underway, often a temporary order. The route depends on the relief, whether a case conference has addressed the issues, and whether the request is urgent.Check: Family Law Rules — Rule 14

What it can and cannot do

Form 14B is a different written route for a procedural, uncomplicated, or unopposed matter; it is not a shortcut for a contested motion requiring evidence and oral argument. An urgent or without-notice motion has its own Rule 14 route.Check: Family Law Rules — 14

Emergency or urgent motion

If a matter cannot wait for the usual conference and motion schedule, Rule 14(4.2) permits the court to hear a substantive motion before a case conference where it finds urgency, hardship, or another interest-of-justice reason. In Ottawa, the East Region direction provides a short procedural motion route for a determination of urgency or hardship and permission to bring the substantive motion early. Contact the Ottawa scheduling office and follow its current directions for a date and filing route. Explain the specific harm from waiting and the order needed now.Check: Family Law Rules — 14(4.2)

Urgent does not automatically mean without notice. Rule 14(12) strictly limits a motion without notice to the other party. If an order is made without notice, the rule generally requires a return to court within 14 days or on the date the court sets. Follow the service, disclosure and confirmation directions given for the event. Check the East Region direction ↗Check: Family Law Rules — 14(12)

Temporary motion in an ongoing case

Use the Rule 14 motion process when you need a temporary order while an Application and Answer remain active. State the exact interim order requested, why it is needed before trial, and the evidence supporting it. The ordinary route includes a conference on the substantive issues first, unless the court finds an exception under Rule 14(4.2). Prepare Form 14 and Form 14A, arrange a date through Ottawa’s current scheduling route, serve and file on the motion timetable, then confirm the motion with Form 14C. The rest of this guide explains those documents and deadlines.Check: Family Law Rules — 14, 14(4.2)Check: East Region direction — paras. 80–85 (confirmation)

A temporary order does not become a final order merely because time has passed. Rule 15 is the distinct process to change an eligible final order or filed agreement.Check: Family Law Rules — 15

2. Forms and documents you need

DocumentWhen you need itWhat to include
Form 14 — Notice of MotionCheck: Official family forms — Form 14 — Notice of MotionOrdinary motion with notice.List the exact orders requested and the booked date. A temporary order should say what applies until the next decision.
Form 14A — AffidavitCheck: Official family forms — Form 14A — AffidavitSupporting or responding facts.Number the relevant facts, identify sources of information and refer to necessary labelled exhibits. Have it sworn or affirmed.
Form 6B — Affidavit of ServiceCheck: Official family forms — Form 6B — Affidavit of ServiceProof of service, as required.The server records which documents were served, on whom, how, and when; the server swears or affirms it.
FactumEast Region motions requiring one hour or more; or when directed.Separate legal argument and authorities. Its pages are separate from affidavit narrative and exhibits.
Form 14C — Confirmation of MotionCheck: Official family forms — Form 14C — Confirmation of MotionTo confirm the scheduled hearing.Issues still disputed, total time for all parties, and exact documents, tabs and pages the judge should read.
Form 14B — Motion FormCheck: Official family forms — Form 14B — Motion FormA separate written route for procedural, uncomplicated or unopposed matters.State the request and grounds. Check whether this route fits before using it for a contested request.

Choose the documents that apply to your claims and this route. Use the current official forms and check the instructions printed on each form.Check: Official family forms — form instructionsCheck: Family Law Rules — Rule 14

3. Put the package together

  1. Draft the orders requested in Form 14.Say exactly what the court should order, who must act and by when. Identify whether the request is temporary, procedural or another permitted type of relief.Check: Family Law Rules — Rule 14(6), (9); Form 14
  2. Write the facts in Form 14A.Use a clear chronology and numbered paragraphs. Explain the facts supporting each requested order. Refer to a relevant existing record document by its tab rather than serving and filing it again.Check: Family Law Rules — Rule 14(18)–(20); Rule 9(13), (15)
  3. Choose and label the exhibits.Attach only necessary evidence and relevant excerpts. Identify each exhibit in the affidavit so the reader understands what fact it supports. Check the narrative, exhibit and exemption limits below before commissioning.Check: Provincial family direction — paras. 49–54
  4. Prepare the separate legal argument when required.Use a factum for the law, authorities and argument. It is a separate document with its own East Region limit and deadline.Check: East Region direction — paras. 68–69

Where are the page and evidence limits?

These limits come from the provincial family practice direction, paragraphs 49–54 ↗, and the East Region direction, paragraph 69 ↗. They are not a single limit for the whole motion package.Check: Family Law Rules — Rule 14

Count each document separately

If you rely on an affidavit already filed, its narrative counts toward the affidavit page limit. Where required, a third-party or reply affidavit has a separate five-page limit. The provincial direction says motion documents use at least 12-point font and double spacing. Check the specific exemptions and any order granting leave before adding material.Check: Provincial family direction — para. 48 (motions); para. 95 (conferences)Check: Provincial family direction — paras. 49–54 (motion evidence)

Before commissioning the affidavit

Separate facts from legal argument. Use facts within your knowledge as much as possible. If information came from someone else, identify the source by name and state that you believe it is true. A reply addresses new matters raised in the response; it is not another opportunity to add your original case.Check: Family Law Rules — Rule 14(17)–(20)

Complete the exhibits before the affidavit is sworn or affirmed. The affidavit is evidence; the factum is the separate legal argument.Check: Official family forms — Form 14A instructions

4. Get it before the court

  1. Check the route before booking.Check the conference-first restriction, any exception or permission order, and the total hearing time for all parties. A Rule 16 motion also has its own eligibility and evidence restrictions.Check: Family Law Rules — Rule 14(4), (4.2); Rule 16 where applicable
  2. Canvass dates and request the event.Ottawa uses Calendly for family case conferences and regular motions. Check availability and confer about dates before one party submits the booking. Keep the booking email. Use the current Ottawa court contacts for long, urgent or other events outside that booking route.Check: SCJ Calendly guide — opening guidance; locations list — East Region / Ottawa
  3. Check what was booked.Put the assigned hearing date and requested orders in Form 14. Ask for directions if the requested event needs permission or a different timetable. A booking request does not file your documents or confirm attendance. Follow the court’s response and any existing order.Check: SCJ Calendly guide — booking is separate from filing and confirmation
  4. If it is urgent or requires a special date.Use Ottawa’s procedural or urgent-motion route and ask the family court office for the current instructions. A determination of urgency is distinct from the substantive relief. Do not select a regular slot as a substitute for required leave.Check: East Region direction — paras. 72–75; Ottawa contacts — Family Scheduling

File the documents through the right channel

Use Family Submissions Online or the permitted self-represented counter/email route. Follow any urgent-filing instruction or order. Retain the court’s acceptance confirmation and Case Document List; a submission receipt alone is not acceptance.Check: Provincial family direction — paras. 1–7, 13–18

Filing and Case Center are separate. In regions outside Toronto, court staff upload accepted pretrial filings for self-represented people. A Case Center upload does not file a document.Check: Provincial family direction — paras. 29–33

5. Once you have a date: serve, file and confirm

Work backward from the booked date. Check any order setting a different timetable. Use the effective service date under Rule 6 and count each period under Rule 3.Check: Family Law Rules — Rules 3 and 6

  1. First: get the date and route.Use Ottawa family Calendly for an eligible regular motion after conferring about dates. Long, urgent and procedural requests have different routes. Check the conference requirement and any order before serving.Check: SCJ Calendly locations — East Region / Ottawa; booking instructions
  2. At least 6 days before the hearing.For a Form 14 motion, serve Form 14 and supporting Form 14A evidence on every other party. File the materials as soon as possible after service and include Form 6B proof of service as required by Rule 14(11).Check: Family Law Rules — Rule 14(11)(a)–(b); Rule 3 for counting days
  3. At least 4 days before the hearing.A party responding to Form 14 serves and files the response under Rule 14(11.3), with proof of service. A Form 14B written motion has a different response period: within 7 days after it is served under Rule 14(11.4).Check: Family Law Rules — Rule 14(11.3); Rule 3 for counting days
  4. By 2 p.m. 3 days before the hearing.For a Form 14 motion, a reply to the response may be served and filed by this point under Rule 14(11.5). Form 14C confirmation is also due by 2 p.m. three business days before the hearing under the provincial Superior Court direction; give a copy to the other parties and follow Ottawa’s confirmation channel.Check: East Region direction — paras. 80–85 (confirmation)Check: Family Law Rules — 14(11)(c), (11.5) (confirmation and reply)
  5. Factum, when required.In the East Region, serve and file the moving party’s factum at least 4 business days before, and the responding party’s at least 2 business days before, unless the court directs otherwise.Check: East Region direction — paras. 68–69 (factum requirement, timing and 20-page limit)

Rule 3 excludes closed-court days when a period is shorter than seven days. The rules, practice directions, and a court order may use different wording; calculate each deadline separately. Urgent and without-notice motions follow different steps. Check the current Family Law Rules ↗Check: Family Law Rules — 3

At the event and afterward

Have a concise list of the orders or directions requested and references to the accepted materials. Use Case Center page numbers during a Case Center hearing. Afterward, read the endorsement or order and record who must do each next step and by what date.Check: Provincial family direction — paras. 42–45

6. Hot points to remember

About this page

General Ontario legal information for Superior Court family motions, with an Ottawa focus. Motions can have different timing and routes, especially urgent or without-notice requests. Read Rule 14, the current directions, and any order in your case. This page is not legal advice.

Recommended rules to read

Start with the rules that fit this step. Read the conditional ones only if they apply to your case.