The family court system in Ontario is known for being a slow and methodical process. But some situations are simply too dangerous or urgent to wait. For these crises, the court has a specific tool: the emergency motion.

An emergency motion is a request for a judge to make a temporary court order on an urgent basis, sometimes even "ex parte" (without the other party being present). However, the court sets a very high bar for what it considers a true emergency. This guide will walk you through the process, timeline, forms, and fees involved.

This is the most critical question. Your personal sense of urgency may not match the court's strict legal definition. Generally, a situation must involve an immediate and serious risk of harm or prejudice that cannot be addressed through the regular court process.

A situation MAY be an emergency if there is:

• An immediate risk of harm to a child or parent. This usually involves recent and severe domestic violence, or credible threats of violence.

• An immediate risk of a child being removed from Ontario without consent (abduction). This requires a real threat, not just a vague fear.

• A dire financial crisis that could cause irreparable harm, such as the imminent, wrongful sale or foreclosure of the family home where the children live.

A situation is likely NOT a legal emergency if it involves:

• A dispute over a holiday or vacation schedule.

• A parent being uncooperative, difficult, or failing to follow a verbal agreement.

• Non-payment of child or spousal support (this is a serious issue, but it is dealt with through enforcement bodies like the Family Responsibility Office).

• A general desire to speed up the court process.

• Ex Parte Motion (Without Notice): This is for the most extreme crises where notifying the other party could trigger the very harm you're trying to prevent (e.g., they might flee with the child if they know you're going to court). You and your lawyer appear before a judge alone. If you are successful, you get a temporary order, and a second court date is set within 14 days where the other party can respond. This can happen within 1-2 days of filing.

• Urgent Motion on Short Notice: This is more common. You still serve the other party with your court documents, but you ask the judge to schedule a hearing date much sooner than the standard process, often within a week or two.

You must prepare specific legal documents to bring an emergency motion. You can find all of these on the Ontario Court Forms website.

• Form 14: Notice of Motion: This document outlines exactly what orders you are asking the judge to make and clearly states that you are seeking the motion on an urgent, without notice basis.

• Form 14A: Affidavit (General): This is your evidence. It is your sworn, written statement that tells your story. It must focus on the facts that prove the situation is a genuine emergency that cannot wait. Be detailed, specific, and chronological.

• Form 8: Application (General): If you are just starting your family law case, you will need to file an Application to open the court file.

• Form 35.1: Affidavit in Support of a Claim for Custody or Access: This form is required any time you are asking for a court order involving parenting time or decision-making for children.

Filing court documents involves fees. As of 2025, they are approximately:

• To file an Application (to start a case): $224

• To file a Notice of Motion: $177

IMPORTANT: Fee Waiver If you have a low income, are on social assistance, or cannot afford these fees, you can ask the court to waive them. You must fill out a Fee Waiver application and provide proof of your financial situation. If approved, you will not have to pay the court filing fees.

1. Draft Your Documents: Prepare your Notice of Motion and, most importantly, your detailed Affidavit explaining the urgency.
2. Go to the Courthouse: Take your completed forms to the family court counter at your local Superior Court of Justice (in Toronto, this is primarily at 393 University Avenue).
3. Request an Urgent Hearing: Inform the court clerk that you are seeking to bring a motion on an emergency/ex parte basis. Your documents will be reviewed by court staff or a judge to determine if they meet the threshold for urgency.
4. Attend the Hearing: If your request is approved, you may be sent to see a judge that same day or the next. Be prepared to explain clearly and concisely why your matter is urgent and what order you are asking for.

Bringing an emergency motion is one of the most complex steps in family law. Doing it without a lawyer is extremely difficult. An improperly brought motion can be dismissed by the judge, wasting valuable time and resources, and can even result in you having to pay the other side's legal costs.

Before you do anything, contact one of these resources for advice:

• Legal Aid Ontario: 1-800-668-8258. They offer certificates for legal representation and free summary advice for domestic violence survivors.

• Barbra Schlifer Commemorative Clinic: 416-323-9149. Provides free legal services for women survivors of violence.

• Pro Bono Ontario: Offers a free legal advice hotline.

An emergency motion is a powerful tool for situations of true crisis. Using it correctly, with the guidance of a legal professional, can provide the immediate protection you and your children need.

The court has a very high and specific standard for what it considers an emergency. A situation must be a genuine crisis that requires immediate court intervention. This typically involves an immediate risk of harm to a child or parent (e.g., recent domestic violence, threats of abduction) or an urgent and severe financial issue, like the imminent, wrongful sale of the family home. Disagreements over holiday schedules or non-payment of support are usually not considered emergencies.

An ex parte motion is the most urgent type, brought "without notice" to the other party, and is reserved for extreme situations where there's a risk of immediate harm. It can be heard within a day or two. A more common "urgent motion on short notice" still requires you to serve the other party with your documents but asks the court for a hearing date much sooner than the standard process, typically within a week or two.

To file an emergency motion, you will need to complete several forms, most importantly Form 14 (Notice of Motion) and Form 14A (Affidavit), where you will provide your sworn evidence explaining the emergency. As of 2025, the court filing fees are $224 for an Application and $177 for a Notice of Motion. If you have a low income, you may be eligible for a fee waiver.

The process involves:

1. Drafting Documents: Carefully preparing your Notice of Motion (Form 14) and a detailed Affidavit (Form 14A) with all your evidence.
2. Attending the Courthouse: Bringing your documents to the family courthouse to have them issued by a court clerk.
3. Serving the Other Party: Unless it is a true ex parte motion, you must have the documents served on the other party.
4. Attending the Hearing: Appearing before a judge to argue why your situation requires an immediate court order.

While you can represent yourself, it is strongly recommended that you seek legal advice before filing an emergency motion. The process is complex, and the legal standard for an emergency is high. A lawyer can help you determine if your situation meets the threshold and ensure your documents are prepared correctly. Resources like Legal Aid Ontario and the Barbra Schlifer Commemorative Clinic may be able to provide assistance.

If a judge determines your situation does not meet the high standard for an emergency, they may dismiss your motion. The judge could then order that the issue be dealt with through the regular court process, which takes much longer. In some cases, if the motion is seen as frivolous or an abuse of process, the judge could order you to pay some of the other party's legal costs.