Child Protection: Motions

If you want to ask the judge for a temporary order, you can serve and file a motion. For example, you may want an order from a judge regarding access to your child.

If you are requesting the motion, you need to ask the judge for a motion date. A good practice is to check with the Children’s Aid Society and any other party involved in the case to see when they are available before you ask the judge for a court date to hear your motion.

If you are asking the judge for the motion, you are called the moving party. The other parties are called the responding parties. If the Children’s Aid Society is asking the judge for the motion, they are the moving party and you and other parties are the responding parties.

In many cases, the Children’s Aid Society will be the moving party.

There are different types of motions. There are motions on consent (parties agree about an issue), motions without consent (parties do not agree about an issue), an urgent motion with notice to the other parties and an emergency or urgent motion without notice to the other parties.

There are also procedural, uncomplicated or unopposed motions, called 14B motions, where you ask the judge for an order on consent for different procedural orders. An example of a 14B motion might be that both parties agree to allow a party to file a document late.

If you are requesting a 14B motion that is limited to procedural, uncomplicated or unopposed matters, you must complete Form 14B instead of Form 14 (Notice of Motion) and Form 14A (Affidavit).

14B motions must be served on all other parties and filed at the court office not later than seven days after the 14B motion was served on you.

In child protection cases, you do not have to complete a case conference before asking for a motion. Similarly, if you are requesting a 14B motion, a motion on consent or if you are asking for an emergency or urgent motion, you do not need to have a case conference first.

Rule 14 of the Family Law Rules is the rule to request a temporary order. Read Rule 14 carefully so that you can decide which kind of motion applies to you.

For information about different types of motions, the Community Legal Education Ontario (CLEO) organization has information to assist you: Court Motions

The Ministry of the Attorney General has produced a guide for motions. You may find it here: Guide to procedures in family court: Motions in family court | Ontario.ca

If you are asking the judge for a motion, you must fill out several forms. Complete a Form 14 (Notice of Motion) and a Form 14A (Affidavit). In Form 14, you will list the orders that you are requesting at the motion. In Form 14A, you will include your evidence and explain why you want the judge to make the orders you are asking for in your motion. Please note that you must swear or affirm Form 14A.

For motions on notice, you must serve your documents on the Children’s Aid Society and any other party that is involved in the case. To do this, you must follow Rule 14(11) of the Family Law Rules. The moving party (typically the Children’s Aid Society) must serve Form 14 and Form 14A on all the other parties not later than six (6) days before the motion. They must also file their documents no later than four (4) days before the motion.

14B motions must be served on all other parties and filed at the court office not later than seven days after the 14B motion was served on you.

If you are the Responding Party, you must serve the Moving Party (typically the Children’s Aid Society) and any other party involved in the case with your responding documents and file them at least four (4) days before the motion. You can respond by filling out, serving and filing a Form 14A.

You must serve all your documents to the other party within a certain time. The Ministry of the Attorney General has a guide that can help you with the time periods for serving your documents. It also shows you how to count days: Guide to procedures in family court: Timelines for serving and filing documents | Ontario.ca

The Ministry of the Attorney General prepared a guide that includes information on serving documents on the other party. You may find it here: Guide to procedures in family court: Serving your documents | Ontario.ca

Both parties must file the Affidavit of Service Form 6B with the court. The Affidavit of Service Form tells the court that the other party was served with a copy of your documents.

You should make at least three (3) copies of each of your documents – one for yourself, one for the Children’s Aid Society and any other parties, and the original for the court.