Family court is not closed to an emergency, but it does not skip its own rules. Urgency, hardship, and a motion without notice are narrow paths.
Under rule 14(4) of the Family Law Rules, O. Reg. 114/99, a notice of motion and supporting evidence are not served, and a motion is not heard, before a conference dealing with the substantive issues has been completed. The point is to force a structured discussion before the parties start arguing motions.
Rule 14(4.2) is the exception. Subrule (4) does not apply if the court is of the opinion that there is a situation of urgency or hardship, or that a case conference is not required for some other reason in the interest of justice. A judge decides that question. Wanting a fast answer is not, by itself, the test. Ontario decisions have treated the rule as requiring a real explanation of why the matter cannot wait for a conference date, including whether a conference date was canvassed and whether a short-term solution was explored.
Court locations do not all use the same intake. Some Superior Court of Justice locations ask for an emergency motion request together with the motion materials. The Ontario Court of Justice has its own lists. The right first step depends on where the case is, or where it has to be started.
An urgent motion is often still a motion with notice, sometimes on a shortened timetable. The court can abridge a time set by the rules. A motion without notice, sometimes called ex parte, is different. The other person is not told before the judge hears it.
Rule 14(12) allows that only if one of these is true:
The person asking for the order has to make full and frank disclosure of the material facts, including facts that do not support the order. Hiding a fact at a without-notice hearing can be a reason for the court to set the order aside later.
Rule 14(14) says an order made on a motion without notice must require the matter to come back to the court and, if possible, to the same judge, within 14 days or on a date the court chooses. Rule 14(15) says the order, together with all the documents used on the motion, must be served immediately on every party affected, unless the court orders otherwise. The other person then has a chance to ask the court to change or end the order.
Statutes on this page were checked against the Ontario e-Laws consolidations current to 28 October 2026. Where a later amendment is marked not in force, the page says so.
A restraining order, an exclusive-possession order, or an interim parenting order can be the relief sought on an urgent or without-notice motion. The motion rule does not replace the test in the statute. A judge can agree the motion is urgent and still refuse the order on the evidence. Read the pages on restraining orders, exclusive possession, and emergency parenting orders for those tests.
If a criminal charge is outstanding, bring the release order. The family motion has to sit lawfully beside that order. A change to the condition is made in criminal court.
If you are in immediate danger, call 911. Persaud Hussain LLP practises family law only. We handle the family-court side only. You need separate criminal counsel for a criminal charge, a bail order, or a change to a criminal condition. Consultations are by Google Meet. A signing can also be done by Google Meet. The Markham and Toronto offices are staffed. Book a consultation or call (416) 826-1155. This is general information, not legal advice, and it does not predict what a court will order.
These pages describe Ontario family-law issues that often arise together when there is family violence. Each one is general information.
Usually, no. Rule 14(4) of the Family Law Rules says a motion is not heard before a conference on the substantive issues has been completed. Rule 14(4.2) makes an exception if the court is of the opinion that there is a situation of urgency or hardship, or that a case conference is not required for some other reason in the interest of justice.
Rule 14(12) allows a motion without notice only in defined situations. They include a case where notice is unnecessary or not reasonably possible, an immediate danger of a child's removal from Ontario, an immediate danger to the health or safety of a child or of the party making the motion, or a case where service of a notice of motion would probably have serious consequences. Each ground has its own requirement.
No. Rule 14(14) requires an order made without notice to come back to court, if possible before the same judge, within 14 days or on a date the court chooses. Rule 14(15) requires the order, and the documents used on the motion, to be served immediately on all parties affected, unless the court orders otherwise.
Not by itself. Urgency and hardship are legal tests. A judge can refuse to hear a motion early, and costs can be ordered if the test is not met. Nothing on this page is a prediction of how a judge will classify your facts.
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