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What is a motion without consent in family law and what happens at one?

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What is a motion without consent in family law and what happens at one?
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Ministry of the Attorney General

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What is a motion without consent in family law and what happens at one?
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Reviewed: 
July 1, 2018
Answer

If you want the court to make a temporary order about some of the issues in your case, you can bring a motion. A motion is a where a party asks a judge to decide specific issues before a trial.

For example, you may need a temporary order that says where your children will live and what school they will go to.

A motion without consent means one of you doesn't agree with the temporary orders the other is asking for.

There are Family Law Rules that tell you what is needed at every step in a court case. Rule 14: Motions for temporary orders tells you what you need to do to bring a motion.

This family law court process flowchart explains each step in a family law court case. If you're making the motion, you're called the moving party. Your partner is called the responding party.

Usually you can bring a motion only after a case conference.

You can talk to a lawyer who can help you with your motion. If you can't afford to hire a lawyer for your whole case, some lawyers provide "unbundled" or "limited scope" services. This means you pay them to help you with part of your case.

If you can't afford to hire a lawyer at all, you may be able to find legal help in other places.

Other motions

There are some motions that you can bring before a case conference. These are:

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