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. 

Winter driving safety tips

In Nova Scotia, winter comes sooner than you think and with it comes winter driving conditions. 

The responsibility falls on drivers to take extra precautions when travelling in poor winter driving conditions. This often means driving slower with heightened alertness, allowing additional stopping space between your vehicle and the one in front of you and staying off the roads during winter storms. 

One way to help stay safe in winter conditions is to install winter tires. Some people procrastinate and wait until the last minute to make an appointment to put their winter tires on. However, by this time, there is often a mad dash to book an appointment before the first snowstorm. 

Get going on your winter driving safety plan

Waiting too long to change your tires can put you and others at risk of being in a motor vehicle accident and suffering injuries. Don’t want until the first snowfall or patch of ice before installing your winter tires.

Winter tire tips: studded tires

Some Nova Scotians have studded winter tires, which must follow specific rules and have legislated dates for when they are permitted to be on the road. In Nova Scotia, studded tires are permitted between the 15th day of October and 31st day of May.  The Studded Tires Regulations, made under the Motor Vehicle Act state the following concerning the dates and studs of studded tires: 

1. It is permissible to use on a fire department vehicle moved on a highway at any time, and on any other motor vehicle moved on a highway between the 15th day of October in any year and the 31st day of May in the next year following, a pneumatic tire fitted with metal studs provided that

   (a) the studs do not protrude more than one-eighth of an inch from the tread or traction surface of the tire;

   (b) the diameter of each stud inclusive of the stud casing does not exceed one-half of an inch;

   (c) there are not more than 130 studs in any one tire used on a vehicle having a registered weight of less than 10 000 lbs. or more than 175 studs in any one tire used on a vehicle having a registered weight of 10 000 lbs. or more;

   (d) studs used in tires on the left-hand side of a vehicle are equal in number to studs used in tires on the right-hand side of the vehicle; and

   (e) the studs are securely and safely embedded in the tire in such manner as to not cause damage to property or constitute a hazard to the safety of any person using the highway. 

Here are some more winter driving tips from car accident lawyers to help you travel safely on winter roads:

Give your vehicle a complete check-up and pay special attention to the electrical system, brakes, tires, exhaust system, heating and cooling systems, windshield wipers and fuel. 

• Winter tire safety 101: Ensure that you have proper winter tires. The braking distance of a car with winter tires can be 30 to 40 percent shorter than one with all-season tires. 

• Pack a winter driving kit with a bag of sand, traction mats, snow shovel, snow brush and ice scraper, tow rope, first-aid kit, booster cables, and warning devices such as flares or a “Call Police” sign, and fuel line de-icer. 

• Ensure all mirrors and windows are clear of ice and snow prior to driving. 

• Accelerate and decelerate slowly on icy or snowy roads. 

• Slow down when approaching a bridge, because it could be icy even when the roads are not. 

• Slow down when going up or down hills. 

• Fill up your fuel tank before you leave on your trip and do not let your fuel level get too low, the driving time to the next gas station may take much longer than you expect, and if you get stuck, the car will be your only source of heat. 

• Fill your windshield washer container with antifreeze fluid and top it up frequently. 

If you have been hurt in an accident and would like to speak to a car accident lawyer, please call us at 902 466 2200, or complete the form below. You can also find out more and book an appointment on our no risk consultation page.