Court Orders

A family court order is a written decision made by a judge that is legally binding on the people named in it. Orders can be made by consent (both parties agree) or after a hearing where a judge decides. Common family court orders include parenting orders, child support orders, spousal support orders, and protection orders. Once an order is made, both parties must follow it. Failing to comply can result in serious legal consequences.

An interim order is a temporary order made while a case is ongoing. Because family law cases can take months or years to resolve, courts can make interim orders to address urgent issues in the meantime — such as where the children will live, who pays support, or who stays in the family home. Interim orders are not final. They can be changed at a later hearing or when a final order is made. However, courts often give weight to arrangements that have been working under an interim order.

To change a family court order, you generally need to show a material change in circumstances — a significant change that was not anticipated when the original order was made. Examples include a parent moving to a new city, a major change in income, or a child's needs changing significantly. You can apply to the court to vary (change) the order. Both parties can also agree to change an order by consent, which a court can then formalize. You cannot simply ignore an order because your circumstances have changed.

Breaching a court order is a serious matter. If the other party is not complying with an order, you can file a motion for enforcement. Courts have a range of tools to enforce orders, including fines, make-up parenting time, and in extreme cases, imprisonment for contempt of court. For child support, provincial enforcement programs (like Ontario's Family Responsibility Office) can garnish wages, suspend driver's licences, and seize assets. Document every breach carefully — dates, times, and what happened.

A consent order is a court order that both parties have agreed to. Instead of having a judge decide after a contested hearing, the parties negotiate an agreement and ask the court to make it an order. Consent orders have the same legal force as orders made after a hearing. They are common in family law because they allow parties to tailor arrangements to their specific situation. A lawyer can help you draft a consent order that protects your interests before you sign.

You do not legally need a lawyer to apply for a court order — you can represent yourself (called a self-represented litigant). However, family law is complex, and mistakes can have long-lasting consequences. Many courthouses have self-help centres staffed by lawyers or paralegals who can give general guidance. Legal aid may be available if you have a low income. If the other party has a lawyer, it is strongly advisable to get legal advice before proceeding.