What is a Motion in Family Court?
A motion is a request made to the court for an order before a case is concluded. In family law, motions are used to ask the court to address specific issues such as child support, parenting time, disclosure, or procedural relief when the parties cannot agree.
Motions can be brought on notice (where the other party has a chance to respond) or without notice (in urgent circumstances). But within the family court system, especially in Ontario, not all motions are treated the same. Two common types are regular motions and basket motions.
What is a Regular Motion?
A regular motion is the standard motion procedure under Rule 14 of the Family Law Rules. It is used when a party seeks a substantive order, one that significantly affects rights or obligations.
Common examples include:
- A temporary order for child or spousal support,
- A change in parenting time or decision-making,
- An order compelling financial disclosure,
- A restraining order or exclusive possession of the home.
Key characteristics of a regular motion:
- Requires notice of motion, affidavit, and a draft order reflecting requested relied (usually served at least 6 days before the hearing).
- The responding party can file a response and their own affidavit.
- It often involves oral submissions before a judge.
- Time limits for materials and facta may apply (depending on the courthouse practice directions).
A regular motion is appropriate when the issue is contested, has substantive implications, or where evidence and credibility are at play.
What is a Basket Motion?
A basket motion is a streamlined process for uncontested or procedural matters that don’t require a full hearing. It allows the court to make an order in writing, without the parties appearing before a judge.
Basket motions are typically submitted to the Trial Coordinator or Family Court counter, where a judge reviews the materials “in the basket” hence the name.
Common examples include:
- Consent orders (where both parties agree to the terms),
- Unopposed procedural requests, such as extending a filing deadline or scheduling a next step,
- Requests to correct clerical errors or fix minor omissions,
- Orders for substituted service,
- Administrative relief, like withdrawing a motion or dismissing an abandoned case.
Key characteristics of a basket motion:
- Usually decided in writing, without attendance.
- Faster turnaround (often reviewed within days).
- Limited to procedural or consent-based relief.
- Must include a draft order and supporting affidavit if required.
- Form 14B Motion Form to initiate the basket process.
Why the Distinction Matters?
Filing the wrong type of motion wastes time and can result in your materials being rejected. Courts encourage parties to use basket motions whenever possible to reduce backlog and promote efficiency but if the issue is disputed or affects substantive rights, a regular motion is required.
Our Skilled Lawyers Can Help You
At Ayaz Mehdi Professional Corporation, we handle both procedural and substantive motions daily from routine 14B basket motions to contested Rule 14 hearings. Whether you need to compel disclosure, change a parenting schedule, or submit a consent order, our team ensures your motion is properly prepared, filed, and argued.
Contact us today to discuss your next court step and ensure your motion is handled efficiently and correctly.
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