What if I need a court order quickly to deal with an abusive partner?
Question & AnswerWhat if I need a court order quickly to deal with an abusive partner?
3. Learn about other types of motions
If your situation is not urgent, or you have already had a , you don't need to bring an urgent . You bring a non-urgent motion.
There are 2 types of motions that you can bring to ask the court for a :
- 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 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 or 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.
You can find out more about this type of motion in this:
- What is a motion without consent in family law and what happens at one?
- Steps in a Family Law Case flowchart: If you and your partner don’t agree
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 . The court then makes an order based on your agreement.
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:
- What is a motion on consent in family law and what happens at one?
- Steps in a Family Law Case flowchart: If you and your partner agree
Other court motions
A is the name of a court process to change a final or 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: