Interim Order: Temporary Decisions in Divorce Cases

How Do You Request an Interim Order in Ontario Family Court?

In Ontario, a person usually requests an Interim Order by bringing a motion in family court. A motion asks a judge to make a temporary decision before the final outcome of the case. This may be necessary when parenting, support, disclosure, or financial issues cannot wait.

The Ontario family court process can take time. Temporary decisions help manage urgent or practical problems while the rest of the divorce case continues. Ontario’s public family court guidance explains that a motion may be used to ask for a temporary decision before the final outcome, and that temporary orders remain in place until the court makes another temporary order or a final order.

Step-by-Step Process for Temporary Court Orders

The process may vary depending on the court, urgency, and type of order requested. However, a typical motion for temporary decisions may involve these steps:

1. Identify the temporary issue clearly
   The first step is to decide what order is needed. This may involve parenting time, child support, spousal support, disclosure, home expenses, or use of the family home.
2. Check whether a case conference is required first
   In many Ontario family law cases, a case conference is generally required before a motion on substantive issues can be heard. The Family Law Rules include limits on motions before a case conference, subject to exceptions.
3. Ask the court for a motion date
   The moving party may need to contact the family court office to obtain a motion date. Ontario guidance lists asking for a motion date as one of the first steps in bringing a family court motion.
4. Prepare the required motion forms
   The court materials must explain what temporary orders are requested and why. The Ontario Court of Justice notes that a motion commonly requires Form 14: Notice of Motion and Form 14A: Affidavit.
5. Gather supporting documents and evidence
   The affidavit should include clear facts. Supporting documents may include financial records, parenting schedules, payment history, messages, school records, or expense receipts.
6. Serve and file the materials
   The other party must usually receive the motion materials before the hearing. The materials must also be filed with the court according to the required timelines and rules.
7. Attend the motion hearing
   At the hearing, the judge reviews the materials and hears submissions. The judge may make the requested order, change the requested terms, adjourn the motion, or give other directions.
8. Follow the judge’s decision
   Once an Interim Order is made, both parties must follow it unless it is changed by agreement or by another court order.

What Documents and Evidence May Be Needed?

The documents needed depend on the issues in dispute. A parenting motion will need different evidence than a support motion. A motion involving the family home may require property, mortgage, or expense records.

Common documents may include:

• existing court application or answer;
• Form 14: Notice of Motion;
• Form 14A: Affidavit;
• financial statement, where support or property issues are involved;
• income records;
• tax returns and notices of assessment;
• recent pay stubs;
• business income records, if self-employed;
• childcare, medical, dental, or school expense receipts;
• parenting schedule proposals;
• proof of past support payments;
• mortgage, rent, utility, insurance, or debt records;
• messages or written communication relevant to the issue;
• proof of service.

Financial disclosure is especially important when child support, spousal support, or expenses are involved. Ontario guidance emphasizes following the required steps for completing, serving, and filing financial disclosure documents in family court.

How Long Does It Take to Get an Interim Order?

The timeline depends on the type of motion, the court schedule, the urgency of the issue, and whether the other party responds. Some motions may move faster if the issue is urgent. Other motions may take longer because of court availability, missing documents, or service problems.

Common causes of delay include:

• incomplete court forms;
• missing financial disclosure;
• improper service;
• unclear evidence;
• late filing;
• disagreement over urgency;
• adjournment requests;
• overloaded court schedules.

A Toronto divorce lawyer can help review whether the issue is urgent, whether a case conference is required, and what evidence should be prepared before filing motion materials.

How DivorceGO Can Help

DivorceGO assists clients with Ontario divorce and family law matters, including temporary issues that may arise before a final resolution. For people in Toronto, an Interim Order may be an important step when immediate parenting, support, or financial arrangements are unclear.

DivorceGO can help clients:

• understand whether an Interim Order may be appropriate;
• review temporary parenting or support concerns;
• prepare or respond to motion materials;
• organize documents and financial disclosure;
• understand Ontario family court steps;
• avoid common procedural mistakes;
• plan the next step in the divorce process.

The goal is to help clients make informed decisions, prepare properly, and avoid unnecessary confusion during an already stressful time.

What Is an Interim Order in Ontario Divorce Law?

An Interim Order gives temporary structure to a divorce or separation case before the final issues are resolved. It does not usually decide the entire case. Instead, it helps address immediate problems that cannot wait until trial, settlement, or a final court order.

In Toronto divorce cases, temporary decisions may be needed when spouses cannot agree on parenting, support, finances, or living arrangements. These issues can affect daily life, especially when children, income, housing, or urgent expenses are involved.

An Interim Order may remain in place until:

• the court makes a different temporary order;
• the spouses reach an agreement;
• the case moves to a final order;
• the judge gives further directions;
• the parties resolve the issue outside court.

Although interim orders are temporary, they can still be important. The arrangements made early in a case may influence stability, financial expectations, parenting routines, and future negotiations. For that reason, it is important to prepare carefully before asking for or responding to an Interim Order.

Interim Order vs. Final Order

An Interim Order is different from a final order because it is meant to deal with temporary needs. A final order usually resolves the legal issues at the end of the case.

For example, a judge may make a temporary parenting schedule while the parents continue to negotiate a final parenting plan. The temporary schedule does not necessarily decide the final result, but it may help create structure while the case continues.

Why Temporary Decisions May Be Needed

Divorce and separation cases can take time. During that period, families still need practical arrangements for children, money, housing, and communication.

Temporary decisions may be needed when:

• children need a stable parenting schedule;
• one parent is withholding parenting time;
• child support is unpaid or disputed;
• one spouse needs temporary financial support;
• financial information has not been shared;
• the spouses disagree about who stays in the family home;
• one party is paying most household expenses alone;
• urgent issues must be addressed before the next court step.

Temporary court orders are often used to prevent uncertainty from becoming harmful. They can give both parties clearer expectations while the divorce case moves forward.

What Temporary Decisions Can an Interim Order Cover?

An Interim Order can cover several family law issues, depending on the facts of the case. In Ontario divorce and separation matters, the court usually focuses on practical problems that need a temporary solution before the final outcome.

Parenting Time and Decision-Making Responsibility

Parenting issues are one of the most common reasons people ask for temporary decisions in family court. When parents cannot agree on where the children will live or how much time they will spend with each parent, an Interim Order may provide a temporary schedule.

An interim parenting order may address:

• where the children live during the case;
• parenting time with each parent;
• pick-up and drop-off arrangements;
• holiday or school-break schedules;
• communication between parents;
• temporary decision-making responsibility;
• school, medical, or activity-related decisions.

The court’s focus is the child’s best interests. A parent asking for an interim parenting order should be ready to provide clear facts, not only complaints about the other parent. Helpful evidence may include the child’s routine, school schedule, caregiving history, and any practical concerns affecting the child.

Child Support and Special Expenses

An Interim Order may also deal with temporary child support. Child support is usually based on income, parenting arrangements, and the applicable support guidelines. If one parent has not provided income information, the court may require financial disclosure before support can be properly addressed.

Temporary child support decisions may involve:

• monthly child support;
• proof of income;
• childcare costs;
• medical or dental expenses;
• school-related expenses;
• extracurricular activity costs;
• arrears or unpaid support.

Parents should keep records of payments and expenses. Informal cash payments, unclear transfers, or undocumented agreements can create problems later. Clear records help reduce disputes and make it easier to show what has been paid.

Spousal Support

Spousal support may also be addressed on an interim basis. A temporary spousal support order may be needed when one spouse cannot meet reasonable expenses after separation or when there is a significant income difference between the parties.

The court may consider:

• each spouse’s income;
• financial need;
• ability to pay;
• length of the relationship;
• roles during the marriage;
• childcare responsibilities;
• current expenses and debts;
• available financial disclosure.

Interim spousal support does not always decide the final support result. It is often used to manage immediate financial pressure while the broader case continues.

Family Home, Property, and Expenses

Some interim orders deal with the family home or household expenses. In a divorce case, spouses may disagree about who should stay in the home, who should pay the mortgage, or how bills should be handled before final property issues are resolved.

Temporary decisions may address:

• who remains in the matrimonial home;
• mortgage or rent payments;
• utilities and insurance;
• household debts;
• temporary access to personal property;
• restrictions on selling or transferring assets;
• preservation of financial records.