Divorce Lawyers and Emergency Motions
Situations That Qualify as “Urgent” in Ontario
Child Abduction or Risk of Removal from Ontario
One of the clearest grounds for an emergency motion is when a parent threatens to remove a child from Ontario without consent. This includes situations involving:
- Credible threats of leaving the province or country
- Attempts to obtain passports secretly
- Sudden travel plans without explanation
- Past behaviour suggesting disregard for court orders
Family Violence or Coercive Control Posing an Immediate Safety Threat
Emergency motions are appropriate when there is imminent danger to a spouse or child. This may involve:
- Physical violence, threats, or harassment
- Stalking, monitoring, or control that creates fear
- Escalation of behaviour following separation
- Situations where delaying court intervention could result in injury
Denial of Parenting Time Affecting a Child’s Well-Being
Not every parenting dispute qualifies as urgent, but some situations rise to the level of immediate concern, including:
- Sudden refusal to return a child after scheduled parenting time
- Interference that disrupts a child’s routine, medical care, or schooling
- Behaviour that causes emotional harm or instability for the child
- Unilateral decisions that violate existing court orders
Urgent Financial Need (e.g., Non-Payment of Support Where Basic Needs Are at Risk)
Financial emergencies can justify urgent motions when there is proof that a delay would result in severe hardship. Examples include:
- A primary caregiver unable to pay rent or buy food due to non-payment of support
- A dependent spouse being cut off from essential funds
- Situations where employment income has suddenly stopped
- Evidence that the other party is withholding support deliberately
Threats to the Matrimonial Home or Assets (Sale, Dissipation, Hidden Transfers)
Ontario courts consider property-related emergencies when there is a risk of irreversible loss. This includes:
- A spouse attempting to sell or mortgage the matrimonial home without consent
- Large withdrawals or hidden transfers of joint funds
- Destruction or disposal of valuables
- Attempts to hide assets to avoid equalization
Medical Decisions Requiring Immediate Orders
Some disputes involve urgent medical issues affecting a child or vulnerable family member. Emergency motions may be appropriate when:
- Parents disagree over a time-sensitive medical procedure
- A child needs urgent treatment and consent is being withheld
- A parent seeks to prevent harmful or non-evidence-based treatment
- Delayed court involvement would endanger health or safety
How Divorce Lawyers Assess Whether an Emergency Motion Is Appropriate
Reviewing Evidence (Messages, Police Reports, Financial Documents)
The foundation of any emergency motion is strong, clear evidence demonstrating why urgent judicial intervention is necessary. Lawyers will request and analyze:
- Text messages, emails, or social media messages showing threats or harmful behaviour
- Police occurrence reports documenting violence or safety concerns
- Medical records related to injuries or urgent health needs
- Financial documents proving non-payment of support or asset dissipation
- Screenshots or photos showing risk to children or property
- Travel documents indicating potential child removal
Considering Whether Alternatives Like Case Conferences or Regular Motions Are Suitable
Ontario’s family court system encourages parties to resolve issues through conferences and scheduled motions whenever possible. Divorce lawyers must assess whether:
- A case conference could address the issue within a reasonable timeframe
- A regular motion would still protect the client’s rights
- Negotiation or temporary agreements could prevent harm
- Mediation or collaborative law might offer faster results
Determining Whether Safety Concerns Require Faster Action
When safety is at stake, divorce lawyers prioritize immediate protective measures. This assessment includes:
- Whether a spouse or child is at immediate physical risk
- Whether coercive control or escalating violence creates an unsafe environment
- Whether the other party has access to weapons or has made credible threats
- Whether delaying court could expose the client to harm
Advising Clients About the Risks of Filing Weak or Non-Urgent Motions
Clients often feel their situation is urgent due to stress, fear, or conflict — but Ontario courts rely on objective legal criteria. A responsible lawyer will explain:
- The high threshold for emergency motions under the Family Law Rules
- The possibility of the court refusing to hear the motion
- Potential cost consequences for unnecessary emergency filings
- The risk of appearing unreasonable or abusing the court process
- How a failed motion could weaken future arguments
Evidence Required for Emergency Motions in Ontario
Affidavits Detailing Events, Dates, and Risk Factors
An affidavit is the backbone of every emergency motion. It is a sworn document where the applicant explains:
- What happened, including exact dates and times
- Why the situation is urgent
- How delay would cause harm
- Any previous incidents showing a pattern of concern
- Specific risk factors affecting safety, financial stability, or a child’s well-being
Screenshots, Photos, Call Logs, Emails, and Social Media Messages
Digital evidence is often critical in proving immediate risk. Divorce lawyers help clients gather:
- Text messages showing threats, stalking, or refusal to return a child
- Photos of injuries, damaged property, or concerning behaviour
- Call logs documenting harassing or repeated calls
- Emails indicating attempted child removal or financial cut-offs
- Social media posts suggesting travel plans, concerning behaviour, or safety issues
Police Occurrence Reports and CAS Involvement
When police or child protection agencies are involved, their reports can significantly strengthen an urgent motion. Courts give substantial weight to documents such as:
- Police occurrence reports
- 911 transcripts
- Notices from the Children’s Aid Society (CAS)
- CAS safety plans or investigation summaries
Financial Statements Showing Risk of Hardship
In cases involving urgent financial need, documentation must show that essential needs are at immediate risk. This may include:
- Bank statements showing little or no available funds
- Proof of non-payment of child or spousal support
- Eviction notices or overdue rent statements
- Utility disconnect warnings
- Evidence of a sudden loss of income
Witness Declarations When Available
Although not always required, witness statements can help corroborate an applicant’s version of events. These may include:
- Neighbours who witnessed violence or concerning behaviour
- Family members aware of threats or risk factors
- Professionals (counsellors, teachers, doctors) who observed relevant incidents
Medical or School Records Supporting Child-Related Urgency
When the emergency involves a child, judges look for evidence that shows immediate harm or risk. Examples include:
- Medical records documenting injuries or urgent treatment needs
- Notes from physicians about health concerns
- School records showing sudden behavioural changes, absenteeism, or safety issues
- Reports from counsellors or psychologists
- Documentation showing unmet medical or educational needs
Types of Orders Ontario Courts Can Grant on an Emergency Basis
Temporary Parenting and Decision-Making Responsibility
When a child’s safety, routine, or emotional well-being is at immediate risk, the court can issue temporary orders regarding:
- Who has decision-making responsibility
- Where the child will live
- How day-to-day care will be structured
- Whether existing arrangements should be suspended
Supervised Access or No-Contact Provisions
If there is a risk to a child or parent, Ontario courts can order:
- Supervised parenting time through an approved access centre or trusted third party
- No-contact orders preventing any direct communication
- Conditions restricting phone calls, emails, or social media contact
- Safe-drop-off or pick-up arrangements
Exclusive Possession of the Matrimonial Home
Common reasons include:
- Safety concerns due to domestic violence
- Escalating conflict between spouses living together
- Risk of intimidation or emotional harm
- The need to provide a stable home for children
Restraining Orders Under the Family Law Act
Ontario’s Family Law Act allows courts to issue restraining orders when one person fears for their safety or the safety of their children. Emergency restraining orders may include:
- No-contact and no-communication conditions
- Geographic restrictions (e.g., staying away from home, workplace, school)
- Prohibitions on stalking, monitoring, or harassment
- Orders restricting online or digital contact
Financial Support Orders to Prevent Undue Hardship
In urgent financial circumstances, the court may make temporary support orders to prevent serious hardship. Examples include:
- Emergency child support
- Interim spousal support
- Reinstatement of cancelled benefits or financial contributions
- Orders requiring immediate payment to cover essentials (rent, utilities, groceries)
Orders Preserving Property (Freezing Assets, Stopping a Sale, Disclosure Orders)
Property-related emergencies often require quick action to prevent irreversible loss. The court may issue:
- Freezing orders to stop withdrawals or transfers from bank accounts
- Orders preventing the sale or refinancing of the matrimonial home
- Injunctions stopping the disposal of assets, vehicles, or valuables
- Disclosure orders requiring immediate production of financial documents
- Orders protecting business interests or shared investments
The Emergency Motion Process in Ontario
Filing a Form 14 Motion or a Motion without Notice
The first step is determining the correct type of motion:
- Form 14 Motion (with notice): Used when there is urgency but the other party can still be notified on a shortened timeline.
- Motion without Notice (ex parte): Reserved for extreme circumstances where providing notice would increase risk — such as imminent violence, child abduction, or rapid asset dissipation.
Preparing a Detailed Affidavit Outlining Urgency
The affidavit is the heart of the emergency motion. It must:
- Describe the urgent situation clearly
- Provide specific dates, events, and patterns
- Explain why immediate court action is needed
- Attach supporting documents as exhibits
Serving the Other Party (Unless Filing Without Notice)
When filing a motion with notice, the applicant must serve the other party with:
- The motion form
- The supporting affidavit
- Any attached exhibits
- A confirmation form if required by the court
Same-Day Hearings in Extreme Cases
Some emergencies are so serious that the court will hear the matter on the same day it is filed. Examples include:
- Child abduction concerns
- Serious family violence
- Immediate danger to a child’s health or safety
- Urgent medical decisions
- Attempts to sell or hide major assets
Remote Hearings via Zoom in Many Ontario Jurisdictions
Ontario family courts now conduct many urgent motions through virtual hearings. This has improved access to justice and reduced delays. Advantages include:
- Faster scheduling
- Reduced travel time for parties and counsel
- Immediate access for clients in remote regions
- More efficient handling of fast-moving situations
Judicial Review of Urgency Before the Matter Proceeds
Before hearing the motion fully, Ontario judges first determine whether the issue is truly urgent. This preliminary review examines:
- Whether immediate harm or risk is evident
- Whether the affidavit supports the urgency claim
- Whether notice should have been given
- Whether alternative remedies exist
Motions without Notice (Ex Parte Motions)
When Ontario Courts Permit No-Notice Motions (Violence, Abduction Risk, Safety Concerns)
Ontario judges consider motions without notice only in situations where notifying the other party would increase the risk of:
- Immediate family violence or retaliation
- Child abduction or sudden removal from Ontario
- Destruction, hiding, or dissipation of assets
- Escalation of coercive control
- Interference with urgent medical or safety decisions
What a Lawyer Must Prove to Proceed Without Notice
To justify an ex parte motion, the lawyer must provide compelling evidence that:
- Giving notice would cause harm, increase danger, or lead to loss
- The issue is truly urgent and cannot wait even a short period
- All relevant facts are disclosed, including information that may not support the client’s position
- The relief sought is narrow and strictly necessary to protect safety or prevent irreparable harm
Temporary Nature of Ex Parte Orders
Orders granted without notice are temporary and often very short in duration. They remain in effect only until:
- A follow-up hearing is held, or
- The court modifies or replaces them with more permanent arrangements
Because the other party has not been heard, judges typically issue:
- Temporary parenting or safety orders
- Short-term restraining orders
- Freezing orders protecting assets
- Immediate protections that cannot wait for notice
Scheduling Follow-Up Hearings Where Both Parties Can Respond
After granting a motion without notice, the court will schedule a return hearing — usually within days or weeks. At this hearing:
- The responding party can present evidence and arguments
- The judge can review or reconsider the original order
- Temporary orders may be confirmed, modified, or terminated
- Further steps in the family law case are planned
Risks of Filing an Emergency Motion without Sufficient Grounds
Costs Ordered Against the Filing Party
If a judge determines that the matter was not urgent, the court may order the applicant to pay the other party’s legal costs. This can happen when:
- The motion was clearly premature
- Evidence was weak or incomplete
- The issue could have been handled through a regular motion or conference
- The applicant exaggerated urgency
Loss of Credibility in Future Hearings
Credibility is critical in Ontario family proceedings. When a party files a weak or unnecessary emergency motion:
- Judges may view them as unreasonable
- Their future evidence may be scrutinized more heavily
- Their ability to argue genuine urgency later may be undermined
Delays in the Case If Urgency Is Rejected
If the court refuses to treat the matter as urgent, the motion may be:
- Rejected outright
- Converted into a regular motion
- Rescheduled weeks or months later
Potential Negative Impact on Parenting Arrangements
Judges expect parents to prioritize the child’s best interests and make reasonable decisions. Filing a baseless urgent motion can:
- Make a parent appear adversarial or impulsive
- Suggest they are using the court system as a weapon
- Damage their position in future parenting disputes
- Lead to concerns about their judgment or decision-making abilities
How Divorce Lawyers Protect Clients during Emergencies
Safety Planning and Emergency Referrals (Shelters, Police, Crisis Lines)
In situations involving family violence or coercive control, lawyers prioritise safety above all else. This can include:
- Creating an emergency safety plan tailored to the client’s circumstances
- Referring clients to shelters, crisis centres, or transitional housing
- Advising when to contact police or seek medical assistance
- Helping clients understand their rights under the Family Law Act and Criminal Code
- Offering guidance on secure communication and safe exit strategies
Coordinating with CAS When Children Are Involved
If children are at risk, divorce lawyers may work directly with the Children’s Aid Society (CAS) to ensure their safety. This can involve:
- Reporting concerns where mandatory reporting laws apply
- Providing CAS with necessary documents or statements
- Coordinating safety plans or supervised parenting arrangements
- Supporting clients during CAS meetings or investigations
Preparing Evidence Quickly and Accurately
Emergency motions require strong, organised evidence, and lawyers are responsible for assembling it under tight timelines. This may involve:
- Drafting detailed affidavits outlining events and urgency
- Gathering screenshots, photos, financial statements, and police reports
- Contacting witnesses for statements
- Securing medical or school records when relevant
- Ensuring all exhibits are properly formatted and filed
Requesting Interim Orders That Stabilise the Situation
Once the urgent motion is before the court, lawyers request temporary orders to immediately address the crisis. These orders may include:
- Restraining or non-contact orders
- Exclusive possession of the matrimonial home
- Supervised access or changes to parenting time
- Immediate child or spousal support
- Freezing orders to stop asset dissipation
- Urgent decision-making authority for child medical issues
Following Up With Longer-Term Motions or Settlement Processes
After the emergency is contained, lawyers turn to long-term planning. This can include:
- Filing regular motions for parenting, support, or property
- Scheduling case conferences to move the matter forward
- Negotiating temporary or final agreements
- Referring clients to mediation or arbitration when safe and appropriate
- Building a comprehensive strategy to protect the client’s long-term interests
