Emergency Family Motions in Ontario

What is an emergency family motion?

An emergency (or “urgent”) family motion is a request asking the court to make a temporary order quickly — before the usual steps and timelines — because waiting would cause serious harm. In Ontario, motions are governed by Rule 14 of the Family Law Rules. A normal motion requires several days’ notice to the other party, but a genuinely urgent situation can be scheduled on short notice, and in the most serious cases heard without notice to the other side (called an ex parte motion).

When does a court treat a motion as urgent?

Judges reserve urgent motions for serious, time-sensitive issues where delay could cause harm that cannot be undone. Common examples include:

• Risk of child abduction — a parent threatening to remove a child from Ontario or Canada.
• Safety and domestic violence — threats to a parent or child, often paired with a request for a restraining order.
• A child being wrongfully withheld from a parent who has a right to time with them.
• Urgent financial harm — a spouse hiding, selling, or draining assets, or cancelling essential coverage like health insurance.
• Exclusive possession of the home where safety is at stake.

The underlying test is whether there is a real, immediate risk of serious harm that the regular court process cannot address in time.

Motions on short notice vs. without notice (ex parte)

Short-notice motions still tell the other party what is being asked, but on a compressed timeline so the matter can be heard sooner than usual.

Without-notice (ex parte) motions are heard before the other party is told, and courts grant them only in the most serious situations — such as a credible abduction risk. Because the other side isn’t present, the person bringing the motion has a strict duty of full and frank disclosure: you must put all relevant facts before the judge, including those that don’t help your case. Any order made is temporary and is revisited quickly with both parties present.

What forms and steps are involved?

An urgent motion is typically supported by a Notice of Motion (Form 14/14B) setting out what you’re asking for, and an affidavit (Form 14A) containing the sworn evidence the judge will rely on. The affidavit is critical — it must be clear, factual, and focused on why the matter is urgent. The court will also expect the standard confirmation step before the hearing date.

What does the judge consider?

On an urgent motion the court weighs how serious and immediate the risk is, the strength of the evidence in your affidavit, the best interests of any children involved, the existing parenting arrangement (the “status quo”), and the balance of harm between making an order now versus waiting. Because these motions move quickly on limited evidence, precision matters far more than volume.

How fast can an emergency motion be heard?

Truly urgent matters can be brought before a judge within days — and sometimes the same day for the most serious safety or abduction situations. Less pressing issues will be scheduled in the ordinary course. A family lawyer can help the court understand quickly why your situation qualifies as urgent.

Do I need a lawyer for an urgent motion?

Strongly recommended. Urgent and without-notice motions happen fast, the affidavit evidence must be exact, and the duty of full disclosure on an ex parte motion carries real consequences if it isn’t met. A misstep can delay relief when time matters most. Our family law team prepares and argues urgent motions across the Greater Toronto Area and can act quickly when your family’s safety or stability is at risk.

Frequently asked questions

Can I bring an emergency motion without telling the other parent?

Only in the most serious cases — for example, a genuine risk that a child will be taken out of the country. The court requires full and frank disclosure, and any order is temporary until both parties can be heard.

What if the court decides my motion isn’t urgent?

If a judge finds the matter is not truly urgent, it will be scheduled through the normal process rather than dismissed. That’s why framing the urgency correctly — with focused evidence — is so important.

What kinds of orders can an emergency motion produce?

Temporary orders such as restraining or non-removal orders, urgent parenting or decision-making terms, the return of a withheld child, exclusive possession of the home, or orders preserving assets.

This page is general information about Ontario family law and is not legal advice. For advice about your situation, speak with a family lawyer.