3. Get a temporary order

What is an emergency or ex parte motion in family law and what happens at one?
This question has an answer and 5 steps
1
2
3
4
5

3. Get a temporary order

The judge makes a decision based only on your written documents. And, there are usually no witnesses on a motion.

This means you can only refer to the evidence in your affidavit or other documents you filed with the court. So it's very important to include all the evidence you have in your affidavits.

If your motion is successful, you get a temporary order. The order applies for a very short period of time, usually not more than 14 days. This is because the judge only heard your evidence when deciding and needs to hear from your partner.

Serve your partner

You must serve your partner with the temporary order and your documents as soon as possible after the judge makes a decision.

Rule 6: Service of documents tells you how to serve your documents. There is also a guide on how to serve documents.

If you fear for your safety, you can ask the court clerk to arrange for your documents to be served on your partner.

Whoever serves the documents on your partner must fill out Form 6B: Affidavit of Service. In it, they say when, where, and how they served your partner. The form proves that your partner got a copy of your documents and knows that they have to respond to them.

File your documents

Once your partner has been served, you must file your documents and Form 6B: Affidavit of Service at court in your continuing record.

You can now file most family law forms and supporting documents online. But you cannot file online if your court date or filing deadline is 5 business days or less away. For more information on how to file online, read the question How do I file court forms for my family law case online? 

If you're not allowed to, or don't want to file your documents online, then you have to file them in person at the courthouse. You do this at the court counter, with the help of the court clerk.

But before you file your documents, you must remove all financial account numbers and personal identifying information. You do this by blacking out information like:

  • social insurance numbers
  • bank account numbers
  • credit card numbers
  • account numbers for mortgages, lines of credit, and other loans

You must keep the original documents that shows this information. A judge might ask to see it.

There is a guide on how to file documents.

You May Also Need

Ministry of the Attorney General
Reviewed: August 19, 2020

Parlez Français