Family Lawyers Explain Interim Motions

As family lawyers in Nova Scotia, we know that legal proceedings pertaining to family matters can be lengthy in time, resulting in months and/or years before the matter is completed and a final Order is granted by the Court.  This can be difficult if your circumstances require more immediate relief in the form of an Order, to address issues related to (but not limited to): decision-making, parenting, child support, spousal support, and/or property division.  

Some cases may require an Interim Order to provide stability, while the parties are working through the Court process. For instance, a party may ask the Court to grant an interim Order for parenting arrangements when the parties are unable to agree on a parenting schedule, and there are no prior Orders addressing this issue.  This would provide the family (most importantly the children) with the temporary stability and comfort of a set parenting schedule, while the long-term parenting arrangements are addressed with the Court. 

Typically, if there is already an Order in place in relation to an issue, the Court will not allow an interim Motion to move forward, as there is already an Order in place providing direction to the parties.  This is not always the case, however, as there are rare circumstances in which a prior Order must be changed immediately.  For instance, if there is a parenting Order in place which presently presents a danger to the children, it may be appropriate to file an interim Motion to address this new circumstance. 

A Family Lawyer Explains How to Get an Interim Order

To have an interim Order granted by the Court, parties may file an interim Order that has been consented to by the parties or their counsel, with the necessary supporting documents.  If the Court is satisfied with the materials, the interim Order will likely be granted.  In the event the parties cannot agree to the terms of an Interim Order, the party seeking relief must file a Notice of Motion for Interim Relief with the Court and must cite the applicable legislation allowing the Court to grant such an Order.  In support of the interim Motion, the motioning party must file an Affidavit with the Court, explaining the interim relief they are seeking, and why.  In recent years, the Supreme Court (Family Division) has put filing restrictions in place, whereby parties are only permitted to file five (5) page Affidavits with the Court in support of interim Motions (not inclusive of Exhibits).  

After filing the Motion with the Court, a 30-minute organizational Conference will be scheduled with a Justice of the Court to determine how to address the Motion (either by consent, through a Judicial Settlement Conference, or through an interim Hearing).   

Urgent or Emergency Interim Orders

There are occasions when interim relief may be sought on an “urgent” or “emergency” basis.  The Notice of Motion for Interim Relief may be labelled as such; however, the Court will have final say as to whether it deems the matter to be of an “urgent” or “emergency” basis.  This labelling of a Motion may result in it being heard more quickly before the Court. 

The family law lawyers at Lenehan Musgrave LLP can help you navigate whether making a Motion to the Court would be appropriate in your circumstances, and how to best present this to the Court. Schedule a consultation with us today. 

How an Order for Production Can Help You With a Family Law Case

In Nova Scotia, the justices of the Supreme Court (Family Division) make decisions at trials and hearings based on the evidence that is presented to them by the parties. Most often, this includes financial information, and affidavit evidence, which outlines for the judge the facts of the case. However, there are certain circumstances where the information a party may feel is relevant to the overall determination of the file is not within their own knowledge or possession. When this occurs, litigants may seek out what is known as an “Order for Production.”

An Order for Production compels a third party, who is most often not a party to the proceeding, to release specific documents requested by the litigant. Some of the more common third party records sought in family law proceedings are the records of the RCMP/police or the Department of Community Services (Child Welfare). 

Obtaining an Order for Production

There are two primary ways in which an Order for Production is obtained; by consent or by Motion through the Court.

In the event both parties consent to the release of specific records, an Order is drafted and signed by a judge. The Order is then provided to the third-party record holder who provides the information to the litigant.

In the event one party does not agree that the records should be produced, the party seeking the release of specific records must file a Motion for an Order for Production. When this happens, both parties present their evidence as to why they believe the records should or should not be released. The presiding justice then makes the determination as to whether the records should be released. One of the primary concerns the justice will concern him or herself with is whether the records are relevant to the proceeding at hand.

Orders for Production can be tricky, and there is procedure that must be followed if a litigant seeks the production of third-party records. The lawyers at Lenehan Musgrave LLP can help you determine whether an Order for Production is something that should be pursued as part of the overall process of litigation. If you have any questions, we encourage you to contact one of our family law lawyers or complete the form below to book a consultation.