Litigation: The Family Law Process - Motions

Angela Grant Lee • June 7, 2023

In the family law process, motions are used when a temporary decision is required before a final decision is reached in the matter.

Welcome back to part 8 of our Family Law Process series. These posts will go through the family law process from start to finish, and will identify what you can expect to occur at each step. Please note that it is possible that not all of the steps will occur in your family law matter.


1.     Before starting your case

2.     Starting your case

3.     Replying to an Application

4.     Financial disclosure

5.     Serving and filing court documents

6.     Mandatory Information Program

7.     Conferences

8.     Motions

9.     Trials


Motions


           In the family law process, motions are used when a temporary decision is required before a final decision is reached in the matter (usually this involves going to trial). The court process is lengthy and decisions can take months, and therefore motions may be used when necessary. An individual bringing the motion is known as the moving party, and the opposing party is known as the responding party. There are 3 types of motions:


1)     Procedural, uncomplicated, or unopposed motions

2)     Motion for temporary orders

3)     Motion without notice (ex-parte motion)


Evidence in a motion is provided to the court via written format, and the forms that are to be completed are spoken about below. The court will only consider the information in the materials provided, and hence, it is important that you include all relevant information in your materials for the judge to consider.


Procedural Motions


           A procedural, uncomplicated or unopposed motion, as it may be called, is where the party is asking the court for an order in making a procedural matter. This type of motion may also be used when both parties agree on the issue and are asking the court to transfer the agreement into a court order. For instance, the schedule for parenting time, or asking the court for permission to file a document when the deadline has passed. When bringing this type of motion, the following forms must be completed:

1)     Form 14B Motion Form;

2)     Form 14A Affidavit;

3)     Updated Cumulative Table of Contents;

4)     Support Deduction Order and Support Deduction Order Information Form if asking for child or spousal support; and

5)     Form 25 Order and written order/minutes of settlement if bringing a motion on consent.


Motion for Temporary Order


           Temporary court orders made by a judge will remain in place until the court orders a different temporary order, or makes a final order as the case proceeds. When bringing this type of motion, usually the following forms must be completed:

1)     Form 14B Motion Form;

2)     Form 14A Affidavit;

3)     Updated Cumulative Table of Contents;

4)     Form 13 or 13.1 Financial Statement or 14A Affidavit if the motion related to child support, spousal support or property; and

5)     Support Deduction Order and Support Deduction Order Information Form if asking for child or spousal support.


Timing


           A procedural motion may be heard at any time, whereas a motion for a temporary order cannot be. A motion for a temporary order can only be heard once the parties have attended at least one case conference discussing their issues. Rule 14 in the Family Law Rules states that a party cannot bring a motion for temporary orders unless they have attended a case conference. That said, motions can be brought to court before a case conference has been conducted if there is a risk of urgency and/or hardship. For instance, if you or the child’s safety is at immediate risk, or a support order is required to provide basic living conditions.


           After the forms have been completed, they must be served to the responding party at least 6 days before the date of the motion. The motion forms as well as the Form 6B Affidavit of Service must be filed with court at least 4 business days before the date of the motion. A Form 14C Confirmation of Motion must be served and filed with the court as well no later than 3 business days before the date of the motion.


Motion Without Notice (Ex-Parte Motion)


           As mentioned above, there are very few occasions where a motion can be brought to court without telling the responding party. The responding party is unaware that you are asking the court to make an order and will not have the opportunity to tell the court their side of the matter. A motion without notice may be used in the following circumstances:

1)     Notice is not reasonably possible- for instance, the opposing party cannot be found.

2)     You or your child is in immediate danger- for instance, the opposing party may try to remove the child from the home.

3)     There is an immediate danger to the health and safety of the child.

4)     Serving the notice would have serious consequences.


Just as with the other motions, you will be required to complete the same forms, but will also need to complete Form 14D Order on Motion Without Notice as well as ask for the court’s permission to bring your motion without notice.


Costs


           If a judge determines that the motion was not necessary, the court may order you to pay the opposing party’s legal fees in relation to the motion.


To note, the above should not be taken as legal advice, and if you have any questions or concerns about your case please speak to a lawyer. To find out how we can help you with your matter, please visit our website at https://www.grantleelaw.ca/ or call us at 905-315-6837 to book your consultation now.

Amicable Divorce Agreement

February 27, 2026
Reaching a divorce agreement doesn’t have to mean going to war. While emotions naturally run high during the end of a marriage, an amicable divorce is not only possible — it’s often healthier, faster, and far less expensive for everyone involved. At Grant Lee Law, we believe that respectful negotiation and thoughtful legal guidance can help couples move forward with dignity and clarity. Here’s how you can work toward an amicable divorce agreement. 1. Shift the Goal: Resolution, Not “Winning” Divorce is not about defeating your spouse — it’s about reaching a fair resolution that allows both parties to move forward. An amicable agreement focuses on: ● Fair division of assets and debts ● Practical parenting arrangements ● Financial stability for both parties ● Minimizing long-term conflict When both sides commit to cooperation, the process becomes more productive and less emotionally draining. 2. Communicate Clearly — and Calmly Open, respectful communication is the foundation of an amicable divorce. This doesn’t mean you have to agree on everything. It means you commit to: ● Listening without interrupting ● Avoiding personal attacks ● Focusing on solutions instead of past grievances If direct communication is difficult, your attorney can help facilitate productive discussions while keeping negotiations constructive. 3. Be Transparent About Finances Financial disputes are one of the most common sources of conflict in divorce. Full transparency about income, assets, debts, and expenses builds trust and prevents delays. Prepare documentation for: ● Bank accounts ● Retirement accounts ● Property and real estate ● Business interests ● Debts and liabilities Honesty early in the process prevents costly disputes later. 4. Put Children First If children are involved, their well-being should guide every decision. An amicable parenting agreement should prioritize: ● Stability and consistency ● Meaningful time with both parents ● Clear schedules and expectations ● Reduced exposure to conflict When parents focus on the best interests of their children rather than personal differences, long-term co-parenting becomes much easier. 5. Consider Mediation Mediation is often an effective way to resolve disputes without litigation. A neutral third party helps guide discussions and explore compromises. Benefits of mediation include: ● Lower legal costs ● Greater control over the outcome ● Faster resolution ● Reduced stress Many couples find mediation to be empowering because they craft their own agreement rather than leaving decisions to a judge. 6. Work With an Experienced Family Law Attorney Even in an amicable divorce, legal guidance is essential. An attorney ensures: ● Your rights are protected ● Agreements are legally sound ● Important details are not overlooked ● Court filings are handled properly At Grant Lee Law, we guide clients through respectful negotiation while protecting what matters most. Our approach focuses on practical solutions, efficient resolution, and reducing unnecessary conflict. 7. Stay Future-Focused Divorce marks the end of one chapter — not your entire story. When you approach negotiations with a long-term mindset, you’re more likely to reach solutions that truly serve your future. Ask yourself: ● What do I need to feel secure moving forward? ● What outcome will allow both of us to rebuild? ● How can we prevent ongoing conflict? An amicable divorce is an investment in peace — for you, your former spouse, and especially your children. Moving Forward with Confidence Reaching a divorce agreement amicably requires patience, cooperation, and skilled legal guidance. With the right support, it is entirely possible to protect your interests while maintaining respect and dignity throughout the process. If you’re considering divorce and want a smoother path forward, Grant Lee Law is here to help you navigate the process with clarity and confidence. Contact us today to learn how we can assist you in reaching a fair and amicable divorce agreement.

Property Division: What You Need to Know

January 31, 2026
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Gift Giving While Co-Parenting

December 15, 2025
The holiday season often brings a whirlwind of excitement, family gatherings, and cherished traditions. For co-parents, it can also introduce a unique set of challenges. One of the most common sources of stress is gift-giving. Coordinating with your former spouse about Christmas gifts for your children is not just a good idea—it's a crucial step toward creating a peaceful and joyful holiday experience for everyone involved. This guide will walk you through the key benefits of discussing gifts with your co-parent. You will learn how this simple act of communication can help avoid common pitfalls, set a positive example for your children, and reduce holiday stress. By working together, you can ensure the focus remains on what truly matters: your child's happiness. Why Communication is the Greatest Gift While you are no longer a couple, you remain a parenting team. Approaching the holidays with a collaborative mindset demonstrates respect and unity, which benefits your child immensely. A short conversation about presents can prevent misunderstandings and ensure the holidays are memorable for all the right reasons. Let's explore the practical advantages of this approach. Avoid the Duplication Trap Imagine the look on your child's face when they unwrap the exact same video game or doll at both houses. While it may seem like a minor issue, duplicate gifts can create confusion and subtly send the message that their parents are not communicating. It also means your money and effort could have been better spent on providing a wider variety of presents. By simply sharing your gift ideas, you can avoid this scenario. A quick text, email, or phone call to check in before you start shopping ensures your child receives a diverse range of items they will love. This doesn't mean you need to plan every single gift together, but coordinating on the "big ticket" items can make a significant difference. A shared digital wishlist or a simple running list can be an effective tool to keep track of what has been purchased. The Importance of Setting a Spending Limit Finances are often a sensitive topic, and this can be amplified during the holidays. When one parent significantly outspends the other, it can lead to feelings of inadequacy, competition, or resentment. This financial pressure is unhealthy for the co-parenting relationship and can inadvertently make the child feel caught in the middle. Agreeing on a reasonable spending limit helps level the playing field. It ensures that neither parent feels pressured to overspend to "keep up." This conversation isn't about rigid accounting but about creating a sense of fairness and shared responsibility. It also teaches your child a valuable lesson: the spirit of giving is not measured by price tags. When children see their parents aligned on financial matters, it reinforces stability and shows them that thoughtful giving is more important than extravagant spending. Promote a United Front of Teamwork Children thrive on consistency and security. Seeing their parents work together as a team, even after a separation, is a powerful and reassuring message. Collaborating on holiday gifts shows your child that their well-being is your top priority. It models effective communication and problem-solving, skills that will serve them well throughout their lives. This teamwork extends beyond just avoiding duplicate gifts. You might decide to pool your resources for one larger, more significant present that neither of you could manage alone. This act of partnership can be incredibly meaningful for a child, reinforcing the idea that they are loved and supported by a united front. Remember, your child’s emotional security is deeply connected to the health of your co-parenting relationship. A collaborative approach to the holidays strengthens that foundation. Reduce Holiday Stress for Everyone The holiday season is already packed with to-do lists, events, and expectations. Adding conflict with your co-parent to the mix only creates unnecessary stress for you and your child. Proactive communication about gifts eliminates last-minute surprises, arguments over spending, and the tension that comes from uncertainty. When you have a plan, you can relax and enjoy the season. You won't have to worry if your gift will be overshadowed or if a misunderstanding will lead to an argument on Christmas morning. This peace of mind is invaluable. By addressing potential issues ahead of time, you free up emotional energy to focus on creating positive memories with your child. A stress-free parent contributes to a stress-free holiday atmosphere, which is the best gift you can give your family. When Communication Breaks Down Ideally, every co-parenting conversation would be smooth and productive. However, reality can be more complicated. If discussing holiday arrangements, gifts, or other co-parenting matters consistently leads to conflict, it may be time to seek professional guidance. Disagreements over finances, parenting time during the holidays, or general communication can become overwhelming. If you find yourself unable to reach an agreement, help is available. Angela at Grant Lee Law specializes in family law and is experienced in helping parents navigate the complexities of co-parenting. She can provide mediation services or legal advice to help you find common ground and establish clear, effective strategies for handling the holidays and beyond. Reaching out for support is a sign of strength and a commitment to your child's well-being.  Create a Harmonious Holiday Season Coordinating Christmas gifts with your former spouse is a small effort that yields significant rewards. It helps you avoid duplicates, manage finances fairly, present a united front, and reduce overall holiday stress. By prioritizing open communication and collaboration, you set a powerful example for your child about respect, teamwork, and the true spirit of the season. Your goal is to create a loving and stable environment for your child, and that doesn't stop during the holidays. A little planning goes a long way in ensuring the season is filled with joy, not tension. Remember to approach the conversation with a positive and practical mindset, always keeping your child's happiness as the central focus.