What is a Motion?

"Motions" are one of the most common court hearings in family law. 

So what exactly is a Motion?

 

A Motion is a short hearing before a Judge. Most times, it is to decide interim (preliminary or temporary) matters like:

- short-term parenting arrangements

- short-term child support and/or spousal support

- requests for financial disclosure

- sharing of a child's special expenses

- return of personal property

- orders for family assessments before trial

- asset valuations

 

Prior to a Motion being heard in court the Judge will have read Affidavits (written evidence by the parties and any other relevant witness) on file as well as the written arguments called Motion Briefs. Each lawyer is then allowed approximately 20 minutes to argue their case, which is basically going over the facts and the law. The Judge often asks questions of and debates with lawyers during the Motion. 

The Judge then will either issue a decision immediately after the hearing, or may decide to take some time to prepare a written decision.

 

Clients should attend every hearing of a Motion, but they are not allowed to say anything. For simple matters like a Motion for financial disclosure, most clients do not attend.

 

It is also in the Judge’s discretion to order "court costs" to the successful party. Those costs are paid by the opposing party. 

Court costs are not based on actual legal fees, but instead based on tariffs set by the government. The typical court costs for a Motion in Brandon are usually in the range of $1,500 however it is entirely in the discretion of the Judge. It is however a financial risk for the unsuccessful party. 

 

Most hearings of Motions in family law are open to the public, and so clients can bring family and friends if they choose to do so. Children who are subject of the case should never attend a Motion involving their parents.