How to bring a motion in Ontario family court

This page is a public educational walkthrough. It is not a retainer, a court form, or a promise about your result. For legal advice, you should contact an appropriate Lawyer or Paralegal specializing in the area of law you need assistance with.

1. A motion is a request inside a case that already exists

   You do not start a family case with a motion. You start it with an application (Form 8 or Form 8A). A motion asks the judge or family court for an order while that case is open: temporary support, a temporary parenting schedule, disclosure, or a procedural direction.

2. Choose Form 14 or Form 14B

   Form 14 Notice of Motion is the usual notice when you need a hearing date and a supporting affidavit. Form 14B Motion Form is the shorter form used for many on-consent or procedural requests when the Family Law Rules allow it. Using 14B for a contested parenting fight wastes a date. When in doubt, read Rule 14 on the Family Law Rules page on this site.

3. Write the evidence in Form 14A

   The notice is not the evidence. Facts go in Form 14A Affidavit (General). Number the paragraphs. Attach exhibits (texts, school letters, pay stubs) and label them. Parenting claims often also need Form 35.1. Do not argue your whole life story in the “orders sought” box.

4. Serve the other party the way Rule 14 requires

   Timing is short. Count the days backwards from the motion date. Keep the affidavit of service. If you cannot find the other person, you need a different order before you skip service.

5. File Form 14C Confirmation of Motion

   Form 14C tells the court the motion is going ahead and which materials it should read. Many family courts will not hear the motion if confirmation is late or missing. Check the local practice direction for the cut-off time, often the afternoon before.

6. Without-notice motions are the exception

   A motion without notice is only for urgent situations the Rules allow. If the court grants it, Form 14D is the usual order form. Most requests still need notice.

7. If you were served with a motion

   Read the notice, the affidavit and the date. You usually reply with your own Form 14A affidavit. Diary Form 14C as well. Do not assume the court read your email to the other lawyer.

Official law on this site: family-law.

Disclaimer: Know The Law publishes legal information for the public, not legal advice. Court forms, fees and filing channels change. Read the official statute text and the official form page linked from this guide before you act. We do not represent you and we do not file documents for you. For legal advice, you should contact an appropriate Lawyer or Paralegal specializing in the area of law you need assistance with.