Emergency Motions: How to Get an Urgent ‘Ex Parte’ Order
When safety is at risk, you cannot wait months for a Case Conference. Learn how to bypass standard delays and get an immediate Court Order without notice.
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Legal Review: Reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with Rule 14 of the Family Law Rules regarding urgent motions without notice.
Too Busy to Read? The 30-Second Answer
What is it?
An “Ex Parte” motion (Motion Without Notice) is a rare legal maneuver where you ask a judge for an order without telling your ex or having them present.
The Threshold:
You must prove that giving notice would cause imminent danger (e.g., child abduction is in progress) or that the other party would destroy evidence/assets immediately if alerted.
The Catch:
These orders are temporary. If granted, you must return to court shortly (usually within 14 days) for a full hearing where your ex gets to tell their side.
Why Can’t I Just Wait for a Case Conference?
In Ontario, you generally cannot file a substantive motion until after a Case Conference. An Emergency Motion is the exception to this rule. Here is why:
The Standard Path (Case Conference)
Timeline:
“Takes 2–4 months to schedule.”
Requirement:
“Mandatory before filing motions.”
Notice:
“Opposing party must be served documents weeks in advance.”
Goal:
“Procedural management and settlement discussions.”
The Emergency Path (Urgent Motion)
Timeline:
“Can happen within 24–48 hours (or immediately).”
Requirement:
“Must prove ‘Urgency’ or ‘Hardship’ to bypass the Conference.”
Notice:
“None (Ex Parte) or Short Notice (served hours before).”
Goal:
“Immediate safety or preservation of status quo.”
Evidence of Urgency
You cannot just say it is an emergency; you must prove it. To succeed, your affidavit usually needs:
Third-Party Evidence:
Police reports, Children’s Aid Society (CAS) letters, or hospital records.
Specific Threats:
Text messages or emails threatening abduction (“I’m taking the kids to X”) or violence.
Flight Risk Proof:
Evidence of bought plane tickets, packed bags, or passport applications.
Full Disclosure:
You must tell the judge the whole truth, including facts that hurt your case. If you hide anything in an Ex Parte motion, the order will be overturned immediately.
What Counts as an Emergency?
The Financial Frustration
Myth: “He hasn’t paid child support in three months and I can’t pay rent. I need an emergency order.”
The Safety Requirement
Reality: Generally, financial struggles—even severe ones—are not considered ’emergencies’ for Ex Parte motions. The court requires a risk of physical harm or abduction. Financial issues are handled via standard Short Motions.
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
1. Drafting the Affidavit
We draft a sworn statement detailing exactly why the matter is urgent. Evidence (texts, emails) is attached.
2. 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.
3. Service of the Order
If granted, we must immediately serve the Order on the other party so they know the rules have changed.
4. 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.
Frequently Asked Questions
If the judge decides your situation isn’t urgent, they will likely dismiss your motion and make you wait for a Case Conference. You may also be ordered to pay your ex’s legal costs if you served them with ‘Short Notice’ unnecessarily.
Yes, but the bar is high. You must usually show that cohabitation is impossible due to violence or intolerable cruelty, not just that you are arguing.
If you get an order without notice, it expires quickly. The ‘Return Date’ is a scheduled court appearance (usually a week later) where your ex attends to argue why the order should end.
Related Resources
Is Your Safety at Risk?
If you or your children are in immediate danger, legal timing is everything. We can help you file for emergency protection immediately.
Deepa Tailor
Senior Family Lawyer
Deepa Tailor is an experienced litigator who acts swiftly in high-risk family law matters, securing urgent protection orders for clients facing abduction or violence risks.