Stop FRO Driver’s License Suspension in Ontario

 

FRO License Suspension? How to Get Your License Back

For many people in Ontario, a driver’s license is more than just a card in a wallet; it is a lifeline. It is how you get to work, how you pick up your children for parenting time, and how you maintain your independence. When the Family Responsibility Office (FRO) threatens to suspend your license, it can feel like your entire world is about to come to a grinding halt.

If you have received a Notice of Driver’s License Suspension from the FRO, the clock is already ticking. You generally have a 30-day window to act before the Ministry of Transportation (MTO) is directed to cancel your driving privileges.

In this comprehensive guide, we will break down the legal mechanisms available under Ontario law to stop a suspension, the steps to reinstate a license that has already been taken away, and how to address the underlying support issues to ensure you stay on the road.

Understanding the FRO’s Power to Suspend Licenses

The FRO is the provincial agency tasked with enforcing child and spousal support orders. Under the Family Responsibility and Support Arrears Enforcement Act, 1996, the FRO has significant “administrative” powers. They do not need a judge’s permission to start the suspension process; they simply need to show that a payor has fallen behind on their support obligations.

The logic behind this enforcement tool is simple: the government views a driver’s license as a privilege, not a right. By threatening this privilege, they aim to compel payors to prioritize their support obligations. However, for many Ontarians, losing a license creates a “vicious cycle”—without a car, you cannot work, and without work, you cannot pay support.

The Two-Stage Notice Process

1. The First Notice: This is your warning shot. The FRO sends a “Notice of Intent to Direct the Suspension of a Driver’s License.” Once you receive this, you have 30 days to resolve the matter.
2. The Final Notice: If 30 days pass without a payment arrangement or a court order, the FRO sends a final direction to the Ministry of Transportation. Once the MTO processes this, your license is legally suspended.

Immediate Steps: How to Stop a Suspension Within 30 Days

If you are still within that 30-day window, you have three primary paths to keep your license:

1. Pay the Arrears in Full

The most straightforward way to stop the process is to pay the full amount of arrears listed on the notice. Once the debt is cleared, the FRO will cease enforcement. However, for most people facing suspension, a lump-sum payment of thousands of dollars is simply not an option.

2. Enter a Voluntary Payment Arrangement

You can contact your FRO caseworker to negotiate a Voluntary Arrears Payment Plan. This involves agreeing to pay your current monthly support plus an additional amount toward the “arrears” (the debt).

• The Catch: The FRO often demands a high monthly repayment rate that may not be sustainable. If you miss even one payment under a voluntary plan, they can proceed with the suspension without further notice.

3. File a Notice of Motion to Refrain

This is the most powerful legal tool available. A Refraining Order is a court order that commands the FRO to refrain from suspending your license for a specific period (usually six months). This gives you the “breathing room” to fix the underlying legal issues.

The Notice of Motion to Refrain: Your Legal Shield

To obtain a Refraining Order in an Ontario court, you must follow the Family Law Rules strictly. This is not a simple letter to a judge; it is a formal legal proceeding.

The 30-Day Deadline is Strict

Under Section 35 of the Act, you must bring your motion within 30 days of receiving the First Notice. If you miss this deadline, the court loses the jurisdiction (the legal power) to grant the Refraining Order, and you will likely lose your license until the FRO is satisfied.

Required Documentation

To succeed in a Motion to Refrain, you typically need to file:

• Form 14: Notice of Motion: Stating exactly what you are asking the court to do.
• Form 14A: Affidavit: A sworn statement explaining why you cannot pay the full amount and why you need your license (e.g., for employment).
• Form 13 or 13.1: Financial Statement: A comprehensive breakdown of your income, expenses, assets, and debts.
• Proof of Income: Your last three years of Notices of Assessment (NOAs) from the CRA and your most recent pay stubs.

The Statutory Requirement: The Motion to Change

In Ontario, a judge will rarely grant a Refraining Order unless you also file a Motion to Change (Form 15). The court wants to see that you are taking steps to address why you are in arrears. If your income has dropped, you must ask the court to formally reduce your support payments to a level you can actually afford.

What if Your License is Already Suspended?

If you are reading this and your license has already been cancelled, the process changes. You are no longer “refraining” a future action; you are seeking “reinstatement.”

Step 1: The Reinstatement Requirement

The FRO will only tell the MTO to “release” your license if:

• You pay the arrears in full; OR
• You enter into a new payment arrangement that the FRO accepts; OR
• You obtain a court order requiring the FRO to lift the suspension.

Step 2: The MTO Reinstatement Fee

Even after the FRO gives the green light, your license is not automatically valid. You must visit a ServiceOntario location, pay a $281 reinstatement fee (as of 2026), and ensure there are no other “holds” on your record (such as unpaid tickets or medical suspensions).

Step 3: Addressing “Stale” Arrears

Sometimes, people lose their license because of arrears that built up years ago. If those arrears are “stale” or based on an income you no longer earn, a lawyer can help you bring a motion to rescind or reduce the arrears. If the court wipes out the debt, the FRO must lift the suspension.

The Importance of Financial Disclosure

The #1 reason people lose their FRO license suspension cases in court is poor financial disclosure.

In Ontario family law, the “payor” has a continuous duty to provide updated financial information. If you tell a judge you can’t afford $800 a month, but your bank statements show frequent spending on non-essentials, your Motion to Refrain will likely be denied.

To win your case, your Financial Statement (Form 13) must be:

• Accurate: Every dollar of income must be accounted for.
• Transparent: You must disclose all assets, including business interests or “under the table” income.
• Supported: You need the “paper trail”—bank statements, credit card bills, and tax returns.

Why You Should Not Navigate This Alone

While it is possible to represent yourself in family court, the stakes with an FRO license suspension are incredibly high. The Family Responsibility and Support Arrears Enforcement Act is a complex piece of legislation with rigid timelines.

How a Lawyer Can Help:

1. Negotiating with FRO Counsel: Lawyers for the FRO are often more willing to agree to a reasonable payment plan when they see a well-prepared legal package from a fellow lawyer.
2. Drafting the Motion to Change: If your support order is based on an old salary, we can help you align your payments with the Federal Child Support Guidelines.
3. Meeting Deadlines: We ensure your Motion to Refrain is filed within that critical 30-day window.
4. Representing You in Court: We argue your case before a judge to prove that keeping your license is in the “best interests” of everyone involved—including the children who rely on your ability to work and earn.

Conclusion: Take Action Before the 30 Days Are Up

A license suspension doesn’t just affect your commute; it affects your dignity and your ability to provide for your family. If you have received a notice from the Family Responsibility Office, do not wait. The 30-day deadline is one of the strictest rules in Ontario family law.

By acting quickly, filing a Notice of Motion to Refrain, and addressing the root cause of the arrears through a Motion to Change, you can protect your right to drive and find a sustainable path forward.

 

DISCLAIMER: The information provided in this blog is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is established through this writing. You should consult with a qualified attorney for advice tailored to your specific situation. The lawyer and their firm disclaim any liability arising from reliance on this blog or any other content on this website.