3. Learn about other types of motions

What if I need a court order quickly to deal with partner abuse issues?
This question has an answer and 4 steps

3. Learn about other types of motions

If your situation is not urgent, or you have already had a case conference, you don't need to bring an urgent motion. You bring a non-urgent motion.

Non-urgent motions

There are 2 types of motions that you can bring to ask the court for a temporary order:

  • a motion without consent, or a "regular" motion
  • a motion with consent

You have to give your partner "notice" for both types of motion. This means that you serve your partner with your court documents for the motion and they have a chance to respond before a judge makes a decision.

Motion without consent, or "regular" motion

A motion without consent is sometimes called a "regular" motion. This type of motion is very common. "Without consent" means that your partner doesn't agree with the order that you are asking for.

You can bring a regular motion only after your court case has had a case conference.

For example, separating partners might have a case conference to discuss custody with a judge, but still cannot agree. Either partner can then bring a motion to ask a judge to decide what should happen, while they continue trying to solve the issue and prepare for a trial. The judge who hears their motion may make a temporary order for custody.

You can find out more about this type of motion in this:

Motion on consent

A motion on consent means you and your partner agree on the orders you want the judge to make.

You can bring this motion at any time, even before you've had a case conference.

Because you and your partner agree, you usually don't have to go to court. You can send the court your court forms along with a document that says what you have agreed to. This document might be called a consent agreement or minutes of settlement. The court then makes an order based on your agreement.

In abusive relationships it can be difficult for partners to agree on things like custody and access. You should get legal advice before you agree to anything with your partner. If you've been abused, a regular motion or an urgent motion may be more suitable.

You can find out more about a motion on consent in this:

Other court motions

A motion to change is the name of a court process to change a final court order or separation agreement that is filed with the court.

Even though it is also called a "motion", it is not the same thing as the other types of motions discussed above where you usually ask for a temporary order. A motion to change is where you ask for a final order to change your previous final order or separation agreement.

This process is different from the other types of motions discussed above.

You can find out more about this type of motion in:

You May Also Need

Ministry of the Attorney General
CLEO (Community Legal Education Ontario)
Reviewed: August 31, 2017

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