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What if you need a court order quickly?

A case can take a long time to make its way through the court process.

If you want the court to make a temporary order about some of the issues in your case, you can bring a motion. A motion is where a party asks a judge to decide specific issues before trial.

For example, you may need a temporary order that says where your children will live and what school they will go to.

There are a few types of motions. The type of motion you bring, and when you bring your motion, depends on how urgent your situation is and whether you and your partner agree. Rule 14: Motions for temporary orders tells you what you have to do.

Regular motion

If you need a temporary order quickly but not urgently, you bring a regular motion.

Usually, you bring a regular motion after you have a case conference unless you and your partner agree on the orders you want. The Steps Prepare for your case conference and Go to your case conference give you more information about case conferences.

If your motion is successful, you get a temporary order that lasts for a certain amount of time or until another order is made. This lets you deal with some issues on a temporary basis while continuing with your case to get a final court order.

Urgent motions

If you need a temporary order urgently, you can bring:

  • an urgent motion with notice to your partner, or
  • an urgent motion without notice to your partner. This is also called an emergency motion or ex parte motion.

You can bring both kinds of urgent motions at any time during your court case. You can even bring them before you start your case, and before a case conference.