What Is an Urgent Motion in Family Law?
Motions in family law allow parties to request temporary orders on pressing issues throughout their court case. In Ontario, an urgent family law motion can be brought to address critical matters quickly. In urgent situations, the party, referred to as the “moving party,” can bring a motion with notice to the other party, referred to as the “responding party.” This flexibility in timing means that an urgent motion can even be filed before a formal case is underway, creating a path for immediate, short-term relief when waiting for a case conference would impose hardship or present significant risks.
When Are Urgent Motions Allowed in Ontario?
Family law limits urgent motions with notice to specific scenarios to prevent misuse. Generally, the court will only consider such motions when there is clear evidence of urgency, potential hardship, or when immediate action is essential for justice. For example, where one parent fears their partner may abduct or harm the child, or where financial distress, like the inability to pay a mortgage, is imminent. The court demands that these claims be supported by detailed information and evidence. The moving party must also demonstrate why they cannot wait until after a case conference.
Attempting Resolution Before Filing a Motion
The court may inquire whether the moving party has attempted to resolve the issue with the responding party before filing an urgent motion. For example, in cases of financial hardship, the moving party should ideally first request support from their partner. This step helps ensure motions are not filed unnecessarily, reduces conflict, and encourages more cooperative resolutions.
Case Study: L.A.S. v. G.F. (2019)
The case of L.A.S. v. G.F., 2019 ONCJ 308 sheds light on when urgent motions with notice are appropriate. In this case, Justice Zisman criticized the mother’s ex-parte motion (without notice), deeming it excessive and unnecessary. The decision emphasized that urgent motions, especially ex-parte, are for extreme situations such as child abduction, imminent threats, or serious financial harm. Courts prefer early case conferences or alternative measures before urgent motions.
Court Expectations for Urgent Motions
Justice Zisman’s ruling reinforces the idea that ex-parte motions are a last resort. Applicants must attempt negotiation or resolution before proceeding. Filing without notice may be appropriate in cases involving safety, but these should be exceptional. Judges consider whether the applicant followed procedural standards and upheld the child’s best interests.
Why Evidence Matters in Family Motions
Motions provide an avenue for parties to address issues like child support, spousal support, or custody while a case proceeds. Temporary relief can maintain stability, but the court requires clear and cogent evidence to grant these requests. Proportionality matters: courts aim to use their time efficiently and focus on issues that genuinely require urgent attention.
Avoiding Frivolous Motions
Where a motion lacks evidence or seems like a strategic ploy, the court may dismiss it or impose costs. Judges expect litigants to explore alternatives like mediation or collaborative law before filing. These approaches often reduce emotional and financial strain on families.
The Court’s Broader Role in Urgent Motions
Judges don’t just grant or deny urgent motions—they often use the hearing to clarify disputes, guide next steps, and encourage resolution. This reflects family law’s focus on minimizing conflict and protecting children’s well-being.
Final Thoughts on Urgency and Procedure
The case of L.A.S. v. G.F. reminds us that while urgent motions serve a crucial function, they must be used with care. Following proper procedure and acting in good faith ensures the process remains fair and effective.
Why Legal Representation Matters?
Navigating urgent motions without legal help can be risky. At Progressive Legal Solutions family lawyer ensures your evidence is strong, your procedure is sound, and your request is positioned for success. If you’re considering filing an urgent motion, especially on short notice, seek legal advice right away.