An emergency motion—often called an ex parte motion—asks a judge to make a temporary order without notifying the other party first because delay would risk serious harm or injustice. It’s available only within a family court case (new or existing) and is reserved for exceptional situations with a high threshold of urgency.

Courts consider ex parte relief only where immediate action is needed, for example:

• Safety risks: recent or escalating family violence, stalking, threats, or harassment toward a parent or child.

• Parenting emergencies: credible risk a child will be removed from Ontario or not returned, or serious immediate concerns about a child’s care.

• Dire financial need: urgent, short-term temporary support to maintain basic necessities (rent, food, medications).

• Risk of evidence loss or order-breaching behaviour: e.g., history of ignoring court orders, concealing assets, or interference with parenting time.
   

Myth-buster: You can’t get an “emergency order” against anyone, anytime, at any court. The motion must be in a family court with jurisdiction, within a family law case, and the urgency test must be met.

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Depending on the facts, judges may issue temporary orders such as:

• Restraining / no-contact and related safety provisions

• Parenting measures: temporary decision-making responsibility, parenting time terms, police enforcement assistance

• Exclusive possession of the home (in narrow, safety-driven cases)

• Short-term child/spousal support to address immediate need

• Preservation orders (e.g., do not sell, transfer, or conceal property)

All emergency orders are temporary and will be reviewed quickly.

The judge will set a Review/Return Date—usually within days or weeks—to decide whether to continue, amend, or set aside the emergency order as a regular temporary order after both sides are heard.

You (or your lawyer) must serve the order and your motion materials on the other party well before that review hearing. If service hasn’t been completed, the court can adjourn and require further attempts.

An emergency order doesn’t “last a long time” and doesn’t end the case. It’s a stop-gap until the court can hear from both parties and move the file forward to a Final Order.