Emergency Motions: When and How to File Them

Understand Ontario’s process for filing emergency motions in family court and what situations justify urgent legal intervention. In Canada, if your divorce or other Family Law proceedings are winding their way through the courts, you’ll now that the process takes time.  Sometimes quite a bit of time.

This can be a problem when there are unexpected situations that must be dealt with imminently – and where you cannot wait for a court date that is scheduled for far in advance. This might involve a situation involving immediate risk, or serious potential consequences.

Ontario Family legislation allows for you to bring what is known as an Emergency Motion – and it can help you get your concerns addressed quickly and conclusively. This blog will help you understand when and how to file one.

What Is Emergency Motions

An Emergency Motion is simply a formal request asking the court to make a decision right away, in advance of the usual hearing schedule that may have been set for your Family litigation.

In Ontario, the process is governed by the Family Law Rules, which specifically allow for such motions to be heard on an urgent or emergency basis in certain situations.  Because these motions are fast-tracked, the court will only consider them if the matter truly cannot wait for the ordinary process and scheduling.

What Qualifies as an “Emergency”

Not every urgent or upsetting situation qualifies as an “emergency” in the eyes of the court. The court generally reserves Emergency Motions for those situations where immediate action is needed to protect you or another person, or to prevent serious harm.

Common examples include:

• Concerns for your child’s safety, such as allegations of abuse, neglect, or abduction
• The risk that your child will be removed from Ontario without your consent
• Family violence, including situations requiring urgent restraining orders or non-harassment orders
• Your child’s other parent suddenly denying you parenting time in a context where your child’s well-being could be significantly affected
• Your Ex threatening to dissipate or conceal your shared assets, that could undermine your property or support claims against them.

The common thread is that there could be serious consequences if the court does not grant you an order by way of an Emergency Motion.

What is Not an “Emergency”

For these purposes, the concept of an “emergency” is not subjective. Simply because you feel the court should get involved in an incident or situation does not mean it meets the test for legal intervention. For example, if your Ex did not return your child as promised after a weekend of parenting time – but your child is otherwise safe and your co-parenting relationship is good – this will not typically call for an Emergency Motion to have the child returned.  Instead, your respective lawyers will get involved to negotiate for a resolution.

In other words, disputes that you might find inconvenient, emotionally distressing, or simply time-sensitive usually do not meet the threshold for an Emergency Motion.

How to Bring an Emergency Motion

Given the exceptional nature of an Emergency Motion, it’s not surprising that the procedure is a little more demanding than for a “regular” Motion.  The court must be persuaded that the matter truly qualifies.

You must first file the necessary documents, including your Motion materials and supporting evidence.

This typically involves:

• A Notice of Motion setting out what order you are asking the court to make
• An affidavit explaining the facts, why the matter is urgent, and what harm will occur if the court does not intervene immediately
• Any relevant supporting documents, such as police reports, medical records, or communications that show the urgency of the situation

The court will review your materials to determine whether the matter is urgent enough to justify being heard on an emergency basis. In some cases, you may need to request a short-notice hearing, or – in very limited and serious situations – you may even be able to appear without having to give notice to your Ex and other parties.

How Emergency Motions Affect Timelines

Because Emergency Motions bypass the regular court schedule, they can be heard very quickly, sometimes within days of filing the Motion, or even same-day.  This means less time for preparation and response.

Not surprisingly, Emergency Motions are not granted lightly.  Even if the Motion is successful, the court will often grant only a temporary or interim order.  This allows the court to address the immediate risk, but then conduct a full hearing later, to deal with the underlying issue more comprehensively.  After the Emergency Order is made, the case usually proceeds on its regular timetable.

It is important to understand that Emergency Motions are not intended to replace the normal family court process. They are used only to address immediate concerns and stabilize the situation until the broader issues can be properly dealt with. Read our article on 10 family law myths that could hurt your divorce case.

Get Good Advice

If you believe your situation is urgent, it is wise to come speak with one of our experienced Family Lawyers, as soon as possible.  We can help you assess whether your case meets the emergency threshold, and we can prepare the necessary documents for you. Feel free to give our offices a Call or request a Free Consultation.