A Guide to Form 14: Bringing an Urgent Motion in Ontario Family Court

When you need a judge to make an emergency decision in your Ontario family law case—like ordering exclusive possession of the home or supervised parenting—you must bring a motion. This guide explains how to use **Form 14: Notice of Motion** to request an **urgent hearing without notice** to the other party. Learn what qualifies as an emergency, how to prepare the critical motion record and affidavit, and what to expect when you go before a judge for immediate, temporary relief.

In a family law case, situations can arise that require a judge’s immediate intervention. As you’ve noted, when you need emergency measures like exclusive possession of the family home or an order for supervised parenting time, you cannot wait months for a trial. The tool you use to get before a judge quickly is called a motion, and the document that starts this process is Form 14: Notice of Motion.

Think of your main application (Form 8) as starting the war; a motion is a specific battle you need to fight along the way. When that battle is an emergency, you can bring an urgent motion without notice to the other party.

This guide explains what a motion is, how to use Form 14 for urgent relief, and what to expect in court.

A motion is a formal request made to a judge for a specific order on an issue before the final trial. A case can have many motions. Form 14 is the "cover page" for this request. It notifies the court and the other party (in a regular motion) of:

• What specific orders you are asking for.
• Why you are asking for them (the grounds).
• What evidence you will be using to support your request.

• Regular Motion: This is the standard process. You file your Form 14 and serve it on the other party, giving them time to respond. A hearing date is scheduled in the normal course. This is used for non-emergency issues.
• Urgent Motion Without Notice: This is for true emergencies. You ask to see a judge immediately without notifying the other party beforehand. The legal test for this is very high. You must convince the court that:
  1. There is a situation of genuine urgency or hardship.
  2. Waiting to give notice to the other party would likely lead to serious harm or consequences (e.g., a child being abducted, an asset being destroyed, or personal safety being compromised).

Examples of when an urgent motion without notice may be appropriate include:

• Requesting a restraining order due to immediate threats of violence.
• Asking for temporary exclusive possession of the home because the living situation has become dangerous or intolerable.
• Asking for an order to prevent a parent from leaving the country with a child.
• Requesting an order to freeze assets that you believe are about to be hidden or sold.

1. Step 1: Prepare Your Motion Record

   This is the package of documents you will present to the judge. It must be organized and compelling. It includes:

   • Form 14: Notice of Motion: On this form, you will clearly state the orders you want (e.g., "An order for temporary exclusive possession of the matrimonial home located at 123 Main Street, Toronto"). You MUST check the box that says: "THE MOVING PARTY ASKS THAT THIS MOTION BE HEARD WITHOUT NOTICE TO ANY OTHER PARTY..."
   • Form 14A: Affidavit (General): This is your sworn evidence. It is the most important document. It must tell a clear, factual story that details not only why you need the order, but why it is so urgent that it must be heard without notice. Use dates, specific details, and attach supporting evidence (photos, messages, reports) as exhibits.

2. Step 2: Go to the Courthouse

   In Toronto, you would take your completed Motion Record to the family court counter (e.g., Superior Court of Justice at 393 University Avenue). Tell the court staff you need to bring an urgent motion without notice.

3. Step 3: The Triage Process

   Court staff or a triage judge will review your documents to see if they meet the high bar for urgency. They will assess whether your materials show a real emergency. If they agree it is urgent, they will direct you to a courtroom. If not, they will tell you to schedule the motion in the regular way.

4. Step 4: The Urgent Hearing

   If your motion is approved for an urgent hearing, you will go before a judge that day. The judge will read your Motion Record and may ask you questions. Be prepared to explain your situation clearly and concisely.

• If the Judge Grants the Order: The judge will make a temporary order that is only valid for a short period (usually no more than 14 days). The judge will also set a date for a new hearing, which the other party must attend. You are then responsible for formally serving the temporary order and all your motion documents on the other party.
• If the Judge Denies the Urgent Request: The judge may decide your situation does not meet the high standard for a hearing without notice. They will not dismiss your request entirely but will instruct you to file your motion through the regular process, which involves giving notice to the other party and scheduling a hearing date in the future.

Bringing an urgent motion is a complex and high-stakes legal step. The quality of your affidavit and your ability to prove genuine urgency are critical to your success.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. The rules for motions are complex. It is strongly recommended that you seek help from a family law lawyer, especially when dealing with urgent matters. You can contact the Law Society of Ontario's Referral Service or a local Family Law Information Centre (FLIC) for assistance.