You can bring an urgent motion with notice for a temporary order at any time during your court case. You can even bring one before you start a court case.
With notice means that you have to serve your partner with your motion before the judge decides on your motion.
You can bring an urgent motion with notice only in a few situations. This includes where:
- the situation is urgent
- you will face hardship if you have to wait to bring your motion after a case conference
- it is in the "interests of justice" that your motion be heard before a case conference
- The situation may be urgent if you feel that there is an immediate risk that your partner will abduct or seriously harm you or your children.
- You may face hardship if you don't have enough money to pay your mortgage and the bank has threatened to take legal action against you.
To bring an urgent motion with notice, you must give detailed, specific information of your concerns. You also have to give evidence that shows why you can't wait until after a case conference to bring your motion.
If you're making the motion, you're called the moving party. Your partner is called the responding party.
You should first ask the court clerk when the next case conference date is. This will help you decide if you can wait to bring your motion until after a case conference.
Depending on the issues, the court may also want to know if you've made any efforts to settle your matter. For example, if you say if you are in urgent financial need, you must have asked your partner if they would pay you some support before you bring an urgent motion with notice.
Here is what each party has to do: