How Do I Get an Urgent Motion for Parenting Time Heard in Ontario?
To get an urgent parenting motion heard, you generally file a Form 14 (Notice of Motion) and a Form 14A (Affidavit), which must be sworn or affirmed. The Ontario Court of Justice recognises urgent motions with notice and emergency or urgent motions without notice to the other party.
In most cases you must attend a case conference before a motion for a temporary order, but that does not apply in cases of urgency, such as where you or your child's safety is at immediate risk. The judge may order costs against a party who brought an unnecessary motion before a conference.
Motions without notice are allowed only in very limited or emergency situations; the other side must be told right away, and the case must return to court within 14 days. In the Superior Court, urgent motions are heard virtually unless the court orders otherwise, and a hearing about wrongful removal or retention of a child is held in person. Each party may file one primary affidavit, limited to 12 pages of narrative for short or regular motions. Rules differ by court and change, so confirm with a lawyer.
Key takeaways
- A family motion uses Form 14 (Notice of Motion) and Form 14A (Affidavit), which must be sworn or affirmed.
- The case conference requirement does not apply in cases of urgency or hardship, but costs can be ordered against a party who brought an unnecessary motion.
- After a judge makes an order without notice, the other side must be told right away, and the case must return to court within 14 days.
- In the Superior Court, urgent motions are heard virtually unless the court orders otherwise, while a hearing about wrongful removal or retention of a child is held in person.