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.

The Lawyer You Choose Can Change Everything: Here’s How to Make the Right Call

May 29, 2026
Choosing a lawyer can feel overwhelming—especially when life already feels complicated. Whether you’re navigating separation, divorce, parenting arrangements, mediation, or another family matter, the lawyer you hire will influence not only your legal outcome but also your stress level, timeline, and overall experience. The truth is: not every lawyer is the right lawyer for you. If you’re searching for guidance in Halton Region, knowing what to look for can help you make a confident decision and avoid costly mistakes. This guide walks through how to choose the right legal professional—and why finding the right fit matters. Inspired by the client-first approach and family law guidance shared by Grant Lee Law . Start With Experience That Matches Your Situation Law is broad. Someone who handles real estate transactions every day may not be the best fit for a complex family matter. If your situation involves separation, parenting agreements, support arrangements, mediation, or divorce, choose someone who regularly works in family law. Experience matters because family matters are rarely one-size-fits-all. An experienced family lawyer understands both legal procedures and the emotional realities clients face. Look for questions like: How long have they practiced in this area? Do they regularly handle cases similar to yours? Are they experienced in negotiation, mediation, and litigation? Can they explain legal concepts clearly? A strong legal professional should help you understand your rights while presenting practical options—not overwhelm you with legal language. Pay Attention to Communication Style Credentials matter—but communication matters just as much. Your lawyer becomes someone you trust with personal details and important decisions. If you leave a consultation feeling rushed, confused, or unheard, that’s important information. A good lawyer should: Listen Before Advising They should ask questions and understand your goals before recommending a strategy. Explain Options Clearly Family disputes can often be approached through negotiation, mediation, collaborative law, or court proceedings. Be Transparent About Costs Clear expectations around billing and process reduce surprises later. According to the philosophy shared by Grant Lee Law, effective family law solutions begin by understanding each client’s circumstances and finding solutions that align with both their goals and budget. Don’t Assume Court Is the Only Option Many people contact a lawyer expecting an immediate courtroom battle. In reality, some of the strongest outcomes happen outside court. Alternative resolution options may include: Mediation Working with a neutral third party can help resolve disputes respectfully and efficiently. A family mediator Burlington professional may assist couples and parents with: Parenting agreements Separation agreements Child support discussions Spousal support conversations Co-parenting solutions Mediation often provides greater flexibility, lower costs, and reduced conflict when both parties are willing to participate. Collaborative Family Law This process encourages cooperative problem-solving rather than adversarial litigation. Litigation When agreements cannot be reached, court remains an important option. The right lawyer should help determine which path fits your circumstances—not push a single approach. Ask What Your First Meeting Will Look Like Your initial consultation should leave you more informed—not more confused. Preparation often improves the value of your first meeting. Bring: Important dates and timelines Financial information if relevant Existing agreements or court documents Questions about goals and concerns Identification and supporting records You should also be ready to discuss what success looks like for you. Many experienced family law professionals use this first conversation to identify rights, obligations, and possible next steps. Think Local: Why Community Knowledge Matters There’s value in choosing someone familiar with local processes and community dynamics. Families throughout Halton often look for experienced Burlington family lawyers and Oakville family lawyers because local familiarity can help streamline communication and expectations. Working with someone who understands the local landscape may provide additional insight into timelines, procedures, and available resolution options. Local experience can also mean stronger connections to mediation and support resources within the region. Trust More Than Credentials—Trust the Fit The best lawyer isn’t always the most aggressive, the largest firm, or the most expensive. The best lawyer for you is someone who: Understands your goals Communicates clearly Respects your budget Explains your options Helps reduce unnecessary conflict Makes you feel informed and supported Legal matters can feel uncertain—but the right guidance creates clarity. Ready to Take the First Step? If you’re trying to choose legal support for a family matter, start with a conversation. Grant Lee Law focuses on helping clients understand their options and pursue solutions that fit their family, finances, and future goals. Whether you’re exploring mediation, separation agreements, or family law support, beginning with the right legal consultation can make all the difference.

The Secret Alternative to Court Battles: What a Family Mediator Really Does

April 28, 2026
When families face separation or divorce, many people immediately think of courtrooms, legal fees, and drawn-out conflict. But there’s a quieter, more effective option that many in Southern Ontario are turning to—family mediation. So, what is a family mediator, and why are more people choosing this route over traditional litigation?  Let’s break it down. What Is a Family Mediator? A family mediator is a neutral third-party professional who helps couples or families resolve disputes—without going to court. Instead of taking sides, the mediator facilitates respectful conversations and helps both parties reach mutually acceptable agreements. Family mediation is considered a form of alternative dispute resolution, designed to help families work through issues like: Parenting plans and child custody Child and spousal support Division of assets and property Separation agreements Rather than having a judge decide your future, mediation empowers you to make those decisions together. For families in Halton Region, working with a family mediator Burlington can be a practical and cost-effective way to move forward. How Family Mediation Works Step 1: Initial Consultation The process usually begins with a consultation where both parties learn how mediation works and determine if it’s the right fit. Step 2: Identifying Key Issues The mediator helps outline the topics that need to be resolved—whether it’s finances, parenting, or property division. Step 3: Guided Discussions Through structured sessions, the mediator ensures both sides are heard. The focus is on collaboration, not conflict. Step 4: Agreement Creation Once decisions are made, the mediator drafts a separation agreement that reflects the terms both parties agreed upon. This document can later be reviewed by Burlington family lawyers or Oakville family lawyers to ensure legal accuracy. This process is designed to be confidential, respectful, and efficient , often resolving issues far faster than court proceedings. Why More Families Are Choosing Mediation 1. It’s More Affordable Litigation can cost tens of thousands of dollars, while mediation is typically a fraction of that cost. 2. It’s Faster Court cases can drag on for months—or even years. Mediation can often be completed in just a few sessions. 3. It Reduces Conflict Mediation is non-adversarial, meaning it avoids the “win vs. lose” dynamic of court. Instead, it focuses on finding common ground. 4. It Keeps Things Private Unlike court cases, mediation is completely confidential. Your personal matters stay out of public records. 5. It’s Better for Children Mediation encourages cooperative parenting and helps create child-focused agreements that prioritize stability and well-being. Mediator vs. Lawyer: What’s the Difference? This is where many people get confused. A mediator does not provide legal advice or represent either party. Their role is to guide discussion and help both sides reach an agreement. On the other hand, Burlington family lawyers or Oakville family lawyers represent individual interests and provide legal counsel. In many cases, the best approach is to use both: A mediator to reach agreements A lawyer to review and finalize them This combination offers both collaboration and legal protection . Is Family Mediation Right for You? Mediation works best when both parties are willing to communicate and negotiate in good faith. It’s ideal for: Couples seeking an amicable separation Parents focused on co-parenting Families wanting to avoid court costs and delays However, in situations involving abuse, extreme conflict, or power imbalances, mediation may not be appropriate. A qualified family mediator Burlington will typically screen for these factors before proceeding. Local Insight: Mediation in Burlington & Oakville In growing communities like Burlington and Oakville, families are increasingly choosing mediation as a modern alternative to traditional legal battles. With access to experienced mediators and supportive Burlington family lawyers and Oakville family lawyers , residents have flexible options that prioritize resolution over conflict. This local shift reflects a broader trend: families want solutions that are faster, more affordable, and less stressful . Final Thoughts: A Smarter Way Forward Separation and divorce are never easy—but how you handle them can make all the difference. A family mediator provides a structured, respectful environment where both parties can move forward with clarity and control. Instead of leaving life-changing decisions in the hands of a judge, mediation puts the power back where it belongs—with you. Ready to Take the First Step? If you’re navigating a separation or family dispute, consider speaking with a trusted family mediator Burlington to explore your options. Pairing mediation with guidance from experienced Burlington family lawyers or Oakville family lawyers can help ensure your agreement is both fair and legally sound. Don’t let conflict define your future—choose a path that leads to resolution, respect, and a fresh start.

Why Separated or Divorced Parents Should Start Planning Summer Now

March 31, 2026
When you’re navigating separation or divorce with children, summer break can feel like both a gift and a logistical challenge. While the longer days and relaxed schedules are something kids look forward to, they also require thoughtful coordination between parents. That’s why spring is the perfect time to start planning ahead—before calendars fill up and conflicts arise. If you’re unsure where to begin, speaking with an experienced family law professional like Angela at Grant Lee Law can help you avoid common pitfalls and ensure your plans are in line with your legal agreements. 1. Avoid Last-Minute Conflicts Summer schedules can get complicated quickly. Camps, vacations, family events, and even work obligations all need to be considered. If both parents wait until June to start planning, it often leads to misunderstandings or disputes. By starting in the spring: ● You can align on vacation dates early ● Book camps or childcare before they fill up ● Ensure both parents have quality time with the children Planning ahead reduces stress—not just for you, but for your kids as well. 2. Stay Within Your Parenting Agreement Many separation agreements or court orders outline how parenting time is divided during holidays and summer months. However, these agreements can sometimes leave room for interpretation—or may no longer reflect your current situation. This is where guidance from someone like Angela at Grant Lee Law becomes invaluable. She can help you: ● Interpret your existing agreement ● Make adjustments if circumstances have changed ● Avoid unintentionally violating legal terms Being proactive now can prevent legal complications later. 3. Put Your Children First Summer should be a time for kids to relax, have fun, and make memories—not feel caught between parents. Early planning allows you to create a schedule that prioritizes their needs. Consider: ● Maintaining some consistency in routines ● Allowing time for friendships and activities ● Ensuring smooth transitions between households When both parents collaborate early, children benefit from a more stable and enjoyable summer . 4. Budget and Financial Planning Summer activities can be expensive—especially camps, travel, and childcare. Planning in advance gives you time to: ● Discuss how costs will be shared ● Budget for major expenses ● Avoid financial disagreements Clear communication now can prevent tension later, especially if finances are already a sensitive topic. 5. Flexibility Is Easier When You Start Early Even with the best intentions, plans can change. Work schedules shift, opportunities come up, and unexpected events happen. When you start planning in the spring, you leave room for flexibility. You’re more likely to: ● Accommodate each other’s requests ● Make adjustments without conflict ● Keep communication positive and cooperative Last-minute changes, on the other hand, often lead to stress and disagreement. 6. Reduce Stress for Everyone Let’s be honest—co-parenting isn’t always easy. But having a clear summer plan in place can significantly reduce anxiety for both parents. You’ll know: ● Where your children will be and when ● What activities are planned ● How responsibilities are divided That clarity creates peace of mind and helps you focus on enjoying the season rather than managing conflict. It may only be spring, but when it comes to co-parenting after separation or divorce, early planning is one of the best things you can do for your family. A well-organized summer benefits everyone—especially your children. If you’re facing uncertainty or need help navigating the legal side of things, reaching out to Angela at Grant Lee Law can provide clarity, guidance, and peace of mind. Starting now means fewer surprises later—and a smoother, more enjoyable summer for all involved.