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Motion for a temporary court order in Ontario

May 17, 2015

In some family law cases, a party may need to seek a temporary court order that will be effective until their case is completed. The law provides a way in which a person can seek temporary orders from the court that has jurisdiction.

People may need a temporary court order for such things as temporary support or other needs. The motion may not be made until after the initial case conference has been held unless a person is suffering from hardship as defined by the law. In that case, the person must seek approval from the court to hold a hearing prior to the case conference date.

The person will first need to prepare an affidavit and notice of temporary court orders hearing, along with a financial statement, affidavit of service and a table of contents. They will need to then get a date from the court and serve copies of the documents on the other party. Updated financial statements must be filed seven days prior to the hearing and served on the other party, and all of the documents along with the affidavit of service must be filed at least two days prior. A confirmation must also be filed with the court two days prior that outlines the issues to be heard.

People may require temporary court orders to meet their family law needs. If a person is going through a divorce and is having difficulty supporting themselves while the case is pending, they may want to seek help from a family law lawyer in order to try to get temporary support until the final hearing in their case. A lawyer might be able to help prepare and file all of the necessary documents, have them properly served on the other party, and then appear on the client’s behalf at the temporary court order hearing.

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