Orders

A court order becomes legally binding when it is signed by a judge and issued by the court. An oral decision from the bench is not yet an order — it must be reduced to writing, reviewed by both parties, and signed by the judge. Until the formal order is issued, the endorsement (the judge's written notes from the hearing) is the best record of what was decided. Both parties are bound by an order from the moment it is made, even before the formal written order is issued.

An interim order is a temporary order made while the case is ongoing. It addresses urgent issues — like where the children will live or who pays support — until a final order is made. An interim order can be changed if circumstances change significantly. A final order is made at the end of the case, either by consent or after a trial. Final orders are harder to change — you generally need to show a material change in circumstances. Both types of orders are legally binding and must be followed.

A consent order is an order that both parties have agreed to. It has the same legal force as an order made after a contested hearing. Consent orders are common in family law because they allow parties to tailor arrangements to their specific situation and avoid the cost and stress of a hearing. To make a consent order, both parties sign a draft order and file it with the court for a judge's signature. A judge will review the order to ensure it is appropriate — especially in cases involving children.

After a hearing, someone must draft the formal order. Usually this is the party who won, or their lawyer. The order must accurately reflect what the judge decided — not what you wished the judge had decided. Use clear, specific language. Avoid ambiguity — vague orders are hard to enforce. The other party has the right to review the draft and raise any concerns. If there is a dispute about the wording, the matter can be returned to the judge. Once both parties agree (or the judge resolves any dispute), the order is filed and signed.

If you have a court order from one province and you or the other party moves to a different province, you may need to register the order in the new province to enforce it there. Most provinces have legislation that allows orders from other provinces to be registered and enforced locally. Contact the court in the new province for instructions. For child support orders, the Interjurisdictional Support Orders (ISO) process allows orders to be enforced across provincial and international borders.

If an order is ambiguous or unclear, the parties may disagree about what it requires. You can return to court to ask the judge to clarify the order. This is called a motion to clarify or a motion to interpret. Courts can also correct clerical errors in orders through a process called a slip rule. If the ambiguity is causing a serious problem — for example, one party is using it to avoid compliance — document the issue carefully and bring a motion as soon as possible.