What is required to bring a motion without notice (ex parte) outside of urgent safety situations?
Outside a genuine safety emergency, bringing a motion without notice to the other party is still possible in certain narrow circumstances under the Family Law Rules, but it requires showing the court a specific, legitimate reason why proceeding without notice is necessary — for example, that giving notice would defeat the purpose of the motion itself, such as where a party is trying to prevent the imminent removal of a child from the jurisdiction or the imminent dissipation of assets, rather than simply wanting a faster or more convenient process.
Courts treat any without-notice request as an exception to the basic fairness of allowing both sides to be heard, so the person seeking it must fully and honestly disclose the relevant facts, including anything that might support the other party's position, since a without-notice order obtained without complete disclosure is vulnerable to being set aside once challenged. The order granted is temporary, and the other party is generally served promptly afterward. Because this route is scrutinized carefully, anyone considering it outside an obvious safety emergency should get legal advice on whether their specific situation genuinely qualifies.
Key takeaways
- Without-notice motions outside safety emergencies still require a specific, legitimate justification.
- Common examples include preventing imminent removal of a child or dissipation of assets.
- Full and honest disclosure of the relevant facts is required, including unfavourable facts.
- Any resulting order is temporary and reviewed once the other party is served.