Life is difficult, and you can have a falling out with your spouse even after having children. When filing for divorce in Ontario, you must also sort matters of child custody to ensure the best interests of the child.
In challenging circumstances, you can apply for an emergency custody order in Ontario to get sole custody of your child because of extraordinary circumstances.
Our child custody lawyer in Ontario has explained this urgent motion without notice in Ontario in detail.
What is an Emergency Custody Order in Ontario?
An emergency custody order, also known as an urgent motion without notice in Ontario, is when you bring a motion to court without notifying the other party or giving them a chance to tell the court their side of the story.
Please note that an emergency custody order in Ontario is only allowed in emergency and rare circumstances. Let’s discuss this in detail below.
What are the Reasons for Emergency Custody Orders in Ontario?
There are only certain circumstances in which the court will accept your application for an emergency custody order in Ontario. Our family lawyer also advises you to provide sufficient evidence to support the motion you want to bring.
For example, if the reason is drug and domestic abuse, then you must have evidence proving these claims to obtain the emergency custody order in Ontario.
Here are some of the top reasons and grounds for a court to approve your urgent motion without notice in Ontario for custody:
- The other party is posing an immediate threat to the health and safety of the child.
- The child is in danger of permanent removal from the province or the country by the other party.
- A with-notice motion would cause serious and harmful consequences to you or the child.
- In the interest of justice, your motion should be heard before a case conference.
On the other hand, you must also justify your reasoning for an emergency custody order in Ontario. For example, when you might be unable to locate the other parent to serve them with documents after they have left the child.
You can talk to our family lawyer in Ontario if you want to opt for an emergency custody order for your child due to difficult circumstances.
Applying for Emergency Custody in Ontario: How Can You Obtain an Emergency Custody Order?
To obtain an emergency custody order in Ontario, you must follow a specific process to apply for it. This includes the following:
Step 1: Determine Whether it is Necessary
Before you begin the process, you must first determine whether such an order is necessary. Judges will not make an emergency custody order in a rush until you provide them with clear evidence of why such an order is necessary.
We recommend that you contact our family lawyer to evaluate your situation and determine whether an emergency custody order in Ontario is the best legal recourse for you.
Step 2: Collect the Necessary Evidence
If you think an emergency custody order is the best legal recourse, you must collect the necessary evidence to support your request.
For example, you can collect witness statements, medical reports, police reports, etc. The key here is to show the court that an emergency order in your situation is justifiable.
A child custody lawyer in Ontario can help you understand what kind of evidence you will need to prove that an emergency custody order is necessary.
Step 3: Prepare the Required Court Documents
Next, you must prepare the court documents necessary for what you want. These include an application for the emergency order and an affidavit that lists why you are seeking the order.
During this step, it is crucial to get legal assistance. Doing this will ensure that you prepare the documents correctly and avoid mistakes as you obtain the emergency custody order.
Step 4: File the Application with the Ontario Family Court
Once you gather all the documents and evidence, it is time to file the application with the relevant family court through Forms 14 and 14A. Please note that you might have to pay some filing fees, depending on the application you submit.
Evidence is the most important thing during this application, as it will make sure the judge knows why you are seeking the urgent motion without notice.
Step 5: Take Steps to Ensure Your and Your Child’s Safety
If your safety is under threat, then you must take steps to ensure that you and your child remain protected. You can do this by reaching out to:
- Local support groups
- Authorities
- Women’s shelters
- Lawyers
- And much more
You can also take steps such as filing a restraining order against the other party while relocating somewhere else temporarily. Doing this will help you remain safe during threatening circumstances.
Step 6: Attend the Court Hearing
Once you submit your application for an emergency custody order in Ontario, the court will schedule a hearing to learn more about your situation. Please note that such an order is temporary.
So, you will have to gather evidence that will let the judge know why your custody arrangement needs to be extended to ensure the safety and wellbeing of you and your child.
Step 7: Obtain the Emergency Custody Order in Ontario
After the court hearing, the judge will determine whether an emergency custody order in Ontario is necessary in your case. If the court deems it necessary, then it will issue you an order that will outline the new custody arrangements.
The new arrangements and the time limit will depend on the specific facts of your case. You can connect with a family lawyer to understand how to increase your chances of winning a custody battle.
What Happens After You Receive the Emergency Custody Order in Ontario?
Once the emergency custody order in Ontario is granted, then your child will be placed in your care for the duration the court order is meant to last. You will get sole decision-making responsibility and parenting time with your child.
On the other hand, if the other party is in violation of the custody order, then they can be charged with court contempt or other criminal charges.
These types of orders are temporary, which means you will have to attend another hearing in a few weeks after the order has been granted.
In this hearing, the court will revisit this custody order, and determine what will be best for the child moving forward.
The court might decide to extend the emergency custody order in Ontario, or they can create a new parenting plan that is specific to your current situation and in the best interests of the child.
So, be prepared for the second hearing in a few weeks, where the decision about what to do is up to the courts.
How Long Does it Take to Get a Court Order in Ontario?
You will receive the emergency custody order in Ontario at the end of your hearing. However, in a few weeks, the judge will revisit this decision based on the circumstances.
For more information regarding the length, it is best to talk to a child custody lawyer who can assess your case and provide you with a better timeline estimate.
FAQs
How do you file an emergency motion in family court in Ontario?
You must file Form 14 and Form 14A to list the orders that you are requesting the motion for and provide evidence to explain why you want the courts to make the order you are asking for.
Who has custody of a child if there is no court order in Ontario?
In Ontario, if there is no formal arrangement for parenting time, then both parents will have equal rights in terms of access and the time they spend with the child.
How do I get a temporary custody order in Ontario?
If you need a temporary custody order in Ontario, you must bring a motion to the courts. The key is to wait until after the case conference to bring this motion unless you want an urgent order.
What are the reasons for emergency custody orders in Ontario?
Reasons for emergency custody orders in Ontario can include circumstances where there is a risk of neglect or abuse that can harm the health and wellbeing of the child.
Schedule a Free Consultation with Our Child Custody Lawyer in Ontario
If you and your child’s health and wellbeing are at risk, you can connect with our child custody lawyer in Ontario. Athena Narsingh is one of the top lawyers in Ontario who can help you with family matters with compassion and knowledge.
For more information, you can schedule a free consultation today to explore your options.
Author Profile
- Athena Narsingh is a trusted and knowledgeable lawyer in Scarborough. Her expertise spans real estate law, family law, adoptions and fertility law. A lawyer by profession and a humanitarian by heart, Athena Narsingh wants to help people become more familiar with the legal system and be well-informed to make important legal decisions.
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