You can bring an urgent motion without notice for a temporary order at any time during your court case. You can even bring one before you start a court case.
An urgent motion without notice is sometimes called an emergency motion or an ex parte motion. This means you don't have to serve your documents on your partner before the judge hears your motion and makes a decision.
You can bring an ex parte motion only in very few situations. This includes situations where the delay in serving your partner may have serious consequences and:
- the situation is urgent
- you will face hardship if you have to wait to bring your motion after a case conference
- it's in the "interests of justice" that your motion be heard before a case conference
- There is an immediate risk that your partner will seriously harm you or your children, and serving your partner could result in serious consequences.
- Your partner says they plan on leaving the country with your children and not bring them back, and serving your partner could result in serious consequences.
To bring an urgent motion without notice, you must give detailed, specific information of your fears and show why you think something serious could happen if the motion is delayed because you have to serve your partner. You also have to give evidence that shows why you can't wait until after a case conference to bring your motion.
The judge makes a decision on your motion based only on your documents and evidence. If your motion is successful, your order will apply for a short period of time. Usually, another court date is set within 14 days so that your partner can respond at that time with their side of the story.
If you're making the motion, you're called the moving party. Your partner is called the responding party.
Here is what each party has to do: