What Counts as an Emergency in an Ontario Parenting Case?

Many parenting problems feel like emergencies, but courts reserve fast hearings for a narrow set of situations. Knowing the test helps you decide whether to ask for an urgent hearing or follow the usual steps.

This article explains the general rules in Ontario family court, what kinds of situations are treated as more serious, and what to prepare. It is general information, not advice on your case.

The usual rule and the urgency exception

Under the Family Law Rules, no motion may normally be heard before a case conference on the substantive issues. An exception applies where the court finds a situation of urgency or hardship, or that a case conference is not required for some other reason in the interest of justice.

What counts as urgent also depends on regional Superior Court practice directions, which differ between court locations. Check the current practice direction for your court on ontariocourts.ca.

In parenting cases, the court's primary consideration is the child's physical, emotional and psychological safety, security and well-being. Keeping that in mind is a helpful way to think about whether your concern is truly urgent.

Situations that may raise urgency

The rules do not give a list of urgent events, but several statutory tools show what the law treats seriously.

• A child being unlawfully withheld: a court may authorize the applicant to apprehend the child and may direct police to locate, apprehend and deliver the child
• A risk of removal from Ontario: where a person is barred by court order or separation agreement from removing a child, the court may make protective orders, including ordering delivery of passports and travel documents
• Safety concerns: supervised parenting time can be arranged where there are safety concerns
• Family violence, which need not be a criminal offence and includes violent or threatening conduct, coercive and controlling behaviour, or conduct causing fear for safety

Disagreements about schedules, a missed call or a change of mind are usually not urgent on their own. Whether a situation meets the test depends on the facts and on the judge.

The court also has a duty to check whether restraining orders, child protection matters or criminal matters involving a party are pending or in effect, and it may make inquiries of the parties. Having that information organized can save time.

Motions without notice

In rare cases a motion may be made without notice to the other side. Under the Family Law Rules this is allowed when notice is unnecessary or not reasonably possible, when there is an immediate danger of a child's removal from Ontario, when there is an immediate danger to the health or safety of a child or the party, or when serving notice would probably have serious consequences.

In the removal and danger cases, the delay of serving notice must also probably have serious consequences. Because the other parent is not heard, courts take these requests carefully, and full, honest disclosure matters.

Safety first: police and enforcement

Ontario's guidance says to call the police right away if you think your child is in danger or at risk of being taken out of the country. A court motion is not a substitute for that.

If an order is already being ignored, the court may make any order it considers necessary for a just result, such as costs, dismissing a claim, striking out documents, or a contempt order. A person found in contempt may be imprisoned or fined. Ontario's guidance also says you can be fined or jailed for not following a court order on decision-making responsibility, parenting time or contact.

Parental abduction can also be a crime. There is an exception where the taking was necessary to protect the child from imminent harm.

What to do next

• Write a dated timeline of what happened and what you fear will happen next
• Gather orders, agreements, messages, photos and any police or medical records
• Note any earlier family or criminal proceedings, since an application must include an affidavit with those details
• Make a note of any child protection matters involving you, the other parent or the child, since the court checks for these
• Check the practice direction for your court location
• Speak with a lawyer quickly about whether your facts meet the test and what to ask for

Frequently asked questions