The 'Ex Parte' Motion: Emergency Orders in 24 Hours.
When safety is at risk, you cannot wait for a court date. Learn how to bypass the notice period and get an order immediately—without the other party present.
Legal Review: This procedural guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with Rule 14 of the Family Law Rules regarding urgent motions without notice (2026).
Too Busy to Read? The 30-Second Answer
The Definition:
"Ex Parte" (Motion Without Notice) means going before a judge without telling the other side you are doing so.
The Threshold:
It is extremely high. You must prove Immediate Danger (abduction, violence) or that Giving Notice would cause the harm to happen (e.g., they will drain the bank account if they know you are filing).
The Catch:
You have a duty of "Full and Frank Disclosure." You must tell the judge the "bad facts" about yourself, not just the good ones. If you hide anything, the order will be overturned.
The Duration:
It is temporary. The order usually lasts only 14 days until a full hearing ("The Return Date") can be held with both sides present.
Does Your Case Qualify?
Judges hate Ex Parte motions. They only grant them in three specific scenarios:
Risk of Abduction
Scenario:
The other parent has bought plane tickets and is threatening to leave the country tomorrow.
Result:
Court grants a Non-Removal Order immediately.
Imminent Harm/Safety
Scenario:
Credible threats of violence or severe neglect have occurred in the last 24 hours.
Result:
Court grants temporary Sole Custody or Restraining Order.
Dissipation of Assets (Mareva)
Scenario:
The spouse is actively liquidating assets or transferring money offshore right now.
Result:
Court freezes the bank accounts (Mareva Injunction) before they can hit 'send'.
The Golden Rule: Full and Frank Disclosure
Because the other lawyer isn't there to defend themselves, the Judge relies on YOU to be honest. You must disclose:
The Whole Truth:
"You must tell the Judge if you have a criminal record, if you denied access previously, or if CAS has investigated you."
The Counter-Argument:
"You must tell the Judge what your ex *would* say if they were there."
The Consequence:
"If you hide a relevant fact, the Judge will set aside your order and order you to pay the other side's legal costs immediately."
The 48-Hour Timeline
Drafting the Affidavit
We draft a sworn statement detailing exactly why the matter is urgent. Evidence (texts, emails) is attached.
The Judge's Chambers
We appear before the Judge (often first thing in the morning). The Judge reviews the file and decides if it is truly an emergency.
Service of the Order
If granted, we must immediately serve the Order on the other party so they know the rules have changed.
The Return Date
Within 14 days, we must return to court. The other side gets a chance to argue why the order should be cancelled.
Emergency Myths
The Surprise Attack
Myth: "I want to do Ex Parte so I can blindside them and get an advantage."
Procedural Fairness
Reality: Courts prioritize fairness. If you file Ex Parte without a valid safety reason, the Judge will yell at your lawyer and refuse to hear the motion until you serve the other side.
Common Questions About Urgent Motions
Is Your Safety at Risk?
If you are in immediate danger, you cannot wait for a standard court date. We act fast to secure emergency protection orders.
Book Your Emergency Strategy Session
Deepa Tailor, Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She specializes in high-stakes Urgent Motions and has successfully obtained Ex Parte orders in cases of abduction and violence.
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