What Counts as an Urgent Motion in Ontario Family Court?

An urgent motion can be heard before a case conference if the court finds urgency or hardship. Generally, no motion may be heard before a case conference on the substantive issues has been held. That rule does not apply if the court finds urgency or hardship, or that a conference is not required for another reason in the interest of justice.

A motion can be brought without notice if notice is unnecessary or not reasonably possible; if there is an immediate danger of a child's removal from Ontario, or to the health or safety of a child or the moving party, and the delay of serving notice would probably have serious consequences; or if serving notice would probably have serious consequences. An order made without notice must require the matter to come back to court within 14 days or on a date the court chooses. If the judge decides notice was needed, the party who moved may have to pay the other side's costs.

Ordinary motions have set timelines: serve the forms at least 6 business days before the motion date, and file them, with Form 6B, at least 4 business days before. Urgent procedures can differ by region, so check with the court office and a lawyer before relying on short notice.