Emergency Motions & Urgent Orders

What is an Emergency Motion?

In family law, an emergency motion (or "urgent motion") is a request for a court order that is made without the usual notice period, and sometimes without the other party even being present (ex parte).

Criteria for Urgency

The Ontario Superior Court of Justice has a very high bar for what qualifies as an "emergency." Valid reasons often include:

• Risk of Abduction — Evidence that a parent plans to take the child out of the country without consent.
• Immediate Safety Concerns — Serious allegations of physical abuse or neglect that put the child in immediate danger.
• Medical Emergencies — Urgent decisions required for a child's medical treatment where parents disagree.

The "Ex Parte" Process

1. The Motion Record — Drafting the Notice of Motion and a supporting Affidavit detailing the urgent facts.
2. The Hearing — A judge reviews the materials. If they grant an order "ex parte," it is usually temporary.
3. The Return Date — A second hearing is scheduled (usually within days) where the other parent has the chance to give their side of the story.