An emergency custody order – formally called an urgent motion without notice or ex parte motion – allows you to obtain temporary custody of your child without notifying the other parent first. Think about that for a moment. In a legal system built on the principle that everyone deserves to tell their side of the story, emergency custody orders represent one of the rare exceptions. The court will make a decision affecting another person’s parental rights without even hearing from them.
That’s how serious these situations are. And that’s why judges scrutinize every detail before granting them.
I learned just how high the bar is during my first emergency motion seven years ago. My client’s ex-husband had threatened to take their daughter to Lebanon and never return. She had text messages, a one-way flight booking she’d discovered, and his passport renewal confirmation. I thought we had an airtight case. The judge granted the order – but not before questioning every piece of evidence, asking why we couldn’t have attempted mediation first, and making it clear that if any detail proved exaggerated, there would be serious consequences.
Since then, I’ve brought dozens of emergency motions. Some were granted immediately. Others were denied because the situation, while concerning, didn’t meet the legal threshold for bypassing normal procedures. And I’ve seen the devastating consequences when parents wait too long to act – and when they act rashly without proper legal guidance.
If you’re reading this because you believe your child is in danger, you need to understand exactly when emergency custody orders are appropriate, what evidence you need, how the process actually works, and what happens after the judge makes a decision. Because the wrong move right now could either fail to protect your child or damage your credibility in ongoing custody proceedings.
What Is an Emergency Custody Order?
An emergency custody order is a temporary court order that gives you custody of your child immediately, without providing notice to the other parent or giving them the opportunity to respond before the judge decides. In legal terms, this is called an “urgent motion without notice” or an “ex parte motion.”
The terminology matters. Under Rule 14(12) of Ontario’s Family Law Rules, these motions can only be brought in very specific circumstances. This isn’t a regular custody motion that happens to move quickly. It’s a complete exception to the fundamental principle of procedural fairness – the idea that everyone affected by a court order deserves notice and the chance to present their case.
Here’s how it differs from standard custody proceedings. In a typical custody case, you file an application, serve the other parent with all your documents, wait for their response, attend a case conference where a judge tries to help you reach agreement, and only then – if you can’t settle – do you bring a motion for temporary orders. This process takes weeks or months.
With an emergency custody order, you contact the court for an immediate motion date, prepare your affidavit detailing the emergency, file your documents, and appear before a judge – sometimes within 24-48 hours. The other parent doesn’t receive any notice. They don’t attend the hearing. The judge reviews only your evidence and makes a decision based on whether you’ve proven the situation meets the legal test for emergency intervention.
If the judge grants your motion, you receive a temporary order immediately. This order typically remains in effect for a very short period – usually no more than 14 days. Within that timeframe, you must serve the other parent with a copy of the order and all your motion materials. Then the court schedules a follow-up hearing, called a “return date,” where the other parent can finally respond and the judge decides whether to continue, modify, or cancel the emergency order.
This temporary nature is critical. Emergency custody orders are not permanent solutions. They’re crisis interventions designed to protect a child during the period it takes to properly hear from both parents and make a more informed decision about ongoing custody arrangements.
The order itself will specify where the child lives, who has decision-making responsibility for urgent matters, and often includes provisions about whether the other parent can have any contact with the child. In the most extreme cases, the order might prohibit all contact. In others, it might allow supervised visits or specify conditions for parenting time.
Courts take these orders seriously because they recognize that removing a child from a parent – even temporarily – has profound consequences. Judges don’t grant them lightly. You need to prove not just that there’s a problem, but that the problem is so urgent that waiting even a few days for normal court procedures would put your child at immediate risk of harm.
When Emergency Custody Orders Are Legally Justified
The law is very clear about when you can bring an urgent motion without notice. Rule 14(12) of the Family Law Rules specifies four circumstances where notice is not required.
The nature of the motion makes notice unnecessary or not reasonably possible. This covers situations where you literally cannot locate the other parent to serve them with documents. Maybe they’ve abandoned the child and disappeared. Maybe they’re in a remote location with no reliable communication. But you need to prove you’ve made genuine efforts to find them – the court won’t accept “I didn’t try very hard” as justification.
There is an immediate danger that the child may be removed from Ontario. This is parental abduction risk. If you have credible evidence that the other parent is planning to take your child out of the province or country without permission and may not return, that justifies emergency intervention. The evidence needs to be specific – not just “I worry they might leave” but concrete proof like flight bookings, passport applications, conversations about relocation, or past threats to flee with the child.
There is an immediate danger to the health or safety of a child or party. This is the broadest category and covers situations of abuse, neglect, or serious risk to the child’s wellbeing. But “immediate danger” has a specific legal meaning. It’s not “I’m concerned about their parenting choices.” It’s “if this child stays in that environment tonight, they face real risk of significant harm.”
Notice would have serious consequences. This covers situations where telling the other parent about your court application would itself create danger. For example, if the other parent has been violent and knowing about the motion might trigger an assault. Or if notice would give them the opportunity to hide the child before the hearing.
Now let me be very direct about what does not qualify as emergency grounds, because I’ve seen parents convinced they meet the test when they don’t.
“We had a terrible fight and I don’t feel safe” – unless that fight involved violence or credible threats that meet the legal standard for immediate danger, this isn’t enough. Relationship conflict, even intense conflict, doesn’t automatically justify an emergency order.
“I just learned they’re using drugs” – drug use by itself may not be sufficient. You need evidence that the drug use is creating immediate risk to the child. Are they using drugs while caring for the child? Is the child in an environment where drugs are being used? Has the child been harmed or nearly harmed as a result? Past drug use that’s been addressed doesn’t typically justify an emergency motion.
“I don’t agree with their parenting decisions” – differences about bedtime, screen time, diet, or other parenting choices don’t constitute emergencies. Even poor parenting judgment generally doesn’t meet the test unless it rises to the level of neglect that poses immediate danger.
“They kept the child longer than scheduled” – this might be parenting time interference or potentially parental alienation, but unless it’s part of a pattern indicating abduction risk, one instance of keeping the child past agreed-upon times doesn’t typically warrant an emergency order.
I had a consultation last month with a mother who wanted to file an emergency motion because her ex-husband had introduced their 7-year-old daughter to his new girlfriend “too soon” and the child came home upset. She was genuinely distressed. But that situation – as unpleasant as it was – didn’t meet the legal test. It was a parenting decision she disagreed with, not an immediate safety threat. We discussed other options, including documenting the incident, raising it at the upcoming case conference, and potentially seeking a variation of the custody order through normal channels.
Contrast that with a case I took last year. The father called me on a Friday afternoon. His ex-wife had picked up their 4-year-old son for her scheduled weekend. Within hours, the child’s grandmother (maternal) called him, violating the mother’s wishes, to report that the mother was severely intoxicated, had passed out, and the child was unsupervised in the home. The father went to retrieve his son and found the mother barely conscious with empty vodka bottles around the home. He documented everything, took photos, and called me.
That met the test. We brought an emergency motion Monday morning. We had immediate evidence of danger – a parent too intoxicated to care for a young child, with proof that supervision had broken down completely. The judge granted a temporary order giving father sole custody pending a return hearing where the mother could respond and we could assess whether this was an isolated incident or a pattern requiring longer-term intervention.
The difference between these situations is clear. One involved parenting choices the other parent didn’t like. The other involved demonstrated, immediate risk to a child’s safety with concrete evidence of harm.
The Evidence You Actually Need
Here’s the reality that catches most people off guard: your word isn’t enough. Even if you’re telling the absolute truth about immediate danger to your child, the judge cannot grant an emergency order based solely on your testimony in an affidavit. You need corroborating evidence – concrete, documented proof that supports your claims.
This is where many emergency motions fail. Parents come to me with genuine concerns and compelling stories, but no documentation. And without documentation, judges simply cannot bypass the other parent’s right to be heard.
Police reports and criminal charges. If there’s been violence, abuse, or criminal activity, police reports are gold. They’re independent, third-party documentation created by professionals trained to assess and document dangerous situations. If charges have been laid, that’s powerful evidence that authorities view the situation as serious. If you’ve called police and they attended but didn’t lay charges, the occurrence report still documents that something happened significant enough to warrant police involvement.
Medical records and hospital documentation. If your child has been injured, medical records prove it. Emergency room visits, doctor’s notes, photographs of injuries taken by medical professionals – these create an objective record. Psychological assessments or reports from therapists treating your child can document emotional harm. For substance abuse concerns, medical documentation of overdoses, emergency interventions, or treatment admissions all carry significant weight.
School reports and teacher observations. Teachers and childcare providers are mandated reporters who see your child regularly. Written statements from teachers documenting concerning behaviors, signs of neglect, or things the child has said about their home environment can be powerful. School reports showing sudden changes in behavior, deteriorating performance, or physical signs of neglect all help establish your case.
Witness statements in affidavit form. Family members, neighbors, or friends who have directly observed the dangerous situation can provide sworn affidavits. These need to be specific – not “I’m worried about the child” but “On November 15th at approximately 2 PM, I observed the following…” The more specific and detailed the observation, the more credible the evidence.
Photographs and video evidence. Visual evidence is compelling. Photos of the living conditions, injuries to the child, evidence of drug use or excessive alcohol consumption, or documentation of the other parent’s concerning behavior. Videos are even more powerful if they capture actual incidents. But be very careful – you cannot record the other parent without consent in situations where they have a reasonable expectation of privacy. Focus on documenting the child’s environment and condition, not surveilling the other parent.
Text messages, emails, and voicemails. Written or recorded threats, admissions of substance abuse, statements about plans to leave the jurisdiction with the child – these are all admissible evidence. Screenshot everything with dates and times visible. Save voicemails. Keep a complete record of all communications.
Children’s Aid Society involvement. If CAS has been involved with your family, their records and reports carry enormous weight. If they’ve conducted an investigation, even if no findings resulted, their assessment of the situation and any recommendations they made are significant. Active CAS involvement or previous verified concerns strongly support an emergency motion.
Previous court orders and their violations. If there are existing restraining orders, peace bonds, or custody orders that the other parent has violated, that history of non-compliance with court directives is relevant. If the other parent has previously been found by a court to have engaged in concerning behavior, that finding can support your current concerns.
Let me show you what this looks like in practice. I worked with a mother last year whose ex-husband had serious mental health issues that had recently deteriorated. She wanted an emergency order because he’d stopped taking his medication and was becoming erratic during parenting time. But she had no documentation of this beyond her observations.
We spent a week building the case before filing. We obtained an affidavit from his own mother who’d witnessed increasingly bizarre behavior and was refusing to have the child visit when the father was present. We got a statement from the child’s teacher documenting that the 6-year-old had come to school three times in two weeks without proper clothing for winter weather during the father’s parenting time, and had told the teacher “daddy forgets things now.” We collected text messages where he’d sent rambling, incoherent messages at 3 AM. We obtained proof that he’d cancelled his prescription refills.
With this package of corroborating evidence – not just the mother’s concerns but independent verification from multiple sources – we brought the motion. The judge granted a temporary order, noting that while mental health issues alone don’t justify removing parenting time, the documented pattern of deteriorating functioning combined with the child’s wellbeing being affected created immediate cause for concern pending a proper assessment.
Contrast that with a case where the father wanted an emergency order because the mother had started a relationship with someone he believed was dangerous. His evidence? His belief that the new boyfriend had a criminal record (but no actual proof), and his feeling that something “wasn’t right.” No criminal record check. No evidence of any concerning behavior. No documentation of anything that had actually happened to the child. The judge denied the motion within minutes, noting that speculation and concern without factual foundation cannot override the mother’s parenting rights.
I cannot stress this enough: if you’re considering an emergency custody motion, spend every available hour before filing gathering documentation. Contact everyone who has relevant information and ask them to provide written statements. Obtain copies of all relevant records. Screenshot every concerning communication. Document everything with dates, times, and specific details. The strength of your evidence determines whether your motion succeeds or fails.
How to File an Emergency Custody Motion
The process for bringing an emergency motion without notice is precise, and missing steps can result in your motion being dismissed or delayed. Here’s exactly what you need to do.
Step 1: Determine if you truly have an emergency. Before you invest time and money in this process, honestly assess whether your situation meets the legal test. If you have any doubt, consult with a family lawyer immediately. Many lawyers will provide a brief consultation to assess whether you have grounds for an emergency motion. This assessment isn’t just strategic – it’s ethical. Bringing an emergency motion without proper grounds can result in cost consequences against you and damage your credibility in ongoing proceedings.
Step 2: Contact the family court office for a motion date. You need to call or attend the courthouse where your case is being heard (or where it will be heard if you haven’t started a case yet) and request a motion date. Some courts have specific times set aside for urgent motions. Others require you to book a specific date and time. Ask the court clerk what the process is for emergency or urgent motions without notice. If you need an interpreter or any special accommodations, request them at this time.
Step 3: Prepare your court documents. You need several forms. Form 14 (Notice of Motion) sets out what orders you’re requesting and provides the motion date. Even though you’re bringing the motion without notice, you still complete this form – you just don’t serve it on the other parent before the hearing. Form 14A (Affidavit) is where you provide all your evidence. This is the most critical document. Your affidavit must clearly explain why this is an emergency, why notice wasn’t given to the other parent, and provide all the factual details supporting your claims. Attach all supporting documents as exhibits to your affidavit.
If you’re asking for child support or spousal support as part of your motion, you’ll need Form 13 or 13.1 (Financial Statement), Form 13A (Certificate of Financial Disclosure), and draft Support Deduction Order forms. If you’re asking for decision-making responsibility and parenting time, you’ll need Form 35.1 (Affidavit in Support of Claim for Custody or Access) where you answer questions about your family situation and proposed parenting plan.
You should also prepare a draft Form 25 (Order) that sets out exactly what you want the judge to order. If the judge agrees with your request, they can simply sign this form and it becomes your official court order. Having a draft order ready speeds up the process significantly.
Step 4: File your documents with the court. You must file all your completed forms with the family court office on or before your motion date. In most cases, you’ll file them as soon as they’re ready. There are filing fees – check with the court office for current amounts, and ask about fee waiver processes if you cannot afford the fees. Starting October 2025, different regions in Ontario use different online portals for filing. In Toronto, use the Ontario Courts Public Portal (OCPP). In other regions, check with the court office about which portal applies.
Step 5: Attend your motion hearing. On the motion date, arrive at the courthouse at least 30-60 minutes early. Bring multiple copies of all your documents – one for yourself, one for the judge, and extras in case they’re needed. In most emergency motions without notice, you don’t actually appear in a courtroom before the judge. Instead, a judge reviews your materials in chambers (their office) and makes a decision based on your written evidence. However, practices vary by courthouse and sometimes judges want to hear directly from you. Be prepared to clearly and concisely explain the emergency if called upon.
Step 6: Receive the judge’s decision. If the judge grants your motion, you’ll receive a signed order. This order becomes effective immediately. If the judge denies your motion, you’ll need to pursue the matter through regular channels – starting a case if you haven’t already, attending a case conference, and bringing a motion with notice once that’s complete.
Step 7: Serve the other parent and prepare for the return hearing. This is absolutely critical. If your emergency motion was granted, you must serve the other parent with a copy of the court order and all your motion materials as soon as possible – ideally within 24 hours. The court will schedule a return hearing, typically within 14 days, where the other parent can respond. You must attend this hearing prepared to justify why the temporary order should continue.
The timeline matters. In emergency situations, document preparation and filing can happen within 24-48 hours if necessary. I’ve had clients call me on a Thursday, worked through the night to prepare materials, filed Friday morning, and obtained an order Friday afternoon. But this compressed timeline only works if you have your evidence organized and readily available. If you need to track down documents, obtain statements from witnesses, or gather additional proof, the process takes longer.
A practical reality: doing this without a lawyer is extremely difficult. The forms are complex, the evidentiary requirements are specific, and the legal standards are technical. Family duty counsel at the courthouse can provide some guidance, but they cannot prepare your materials for you. If at all possible, retain a lawyer who has experience with emergency custody motions. If you absolutely cannot afford a lawyer, use the free resources available – Community Legal Education Ontario (CLEO) has a Guided Pathway for making an emergency motion that walks you through the forms step by step. But understand that without legal representation, your chances of success decrease significantly.
What Happens After the Emergency Order Is Granted
Getting the emergency order is just the beginning. What happens in the 14 days following that order often determines the long-term outcome of your custody case.
Within hours of receiving the signed order, you need to serve the other parent with copies of everything – the order itself, your Notice of Motion, your affidavit, and all supporting materials. This isn’t optional. The other parent has a constitutional right to know that a court has restricted their parenting rights and to understand what evidence led to that decision. How you serve these documents depends on what the order specifies and whether there are safety concerns, but it must be done promptly and properly.
The other parent will likely be shocked, angry, and upset. Many feel ambushed because they had no opportunity to respond before the order was made. This is understandable – remember, the whole point of ex parte orders is that they’re exceptions to normal procedural fairness. The other parent’s reaction may be intense. If there are safety concerns, ensure you have appropriate protections in place. If the order restricts contact, follow those restrictions absolutely. Any violation of the order’s terms can be used against you at the return hearing.
The return hearing is scheduled quickly – usually within 14 days. This hearing is critical. At this hearing, both parents appear before the judge. The other parent can present their evidence and tell their side of the story. The judge will then decide whether the emergency order should continue, be modified, or be set aside entirely.
This is where judges assess whether your emergency motion was justified. If the judge finds that you exaggerated the danger, omitted important context, or brought the motion for strategic advantage rather than genuine safety concerns, there can be serious consequences. The court may dismiss your motion entirely, order you to pay the other parent’s legal costs, and damage your credibility for all future proceedings. Judges take a very dim view of parents who misuse emergency procedures.
On the other hand, if the evidence at the return hearing supports your concerns – and particularly if new evidence emerges that validates the danger you identified – the judge may continue the temporary order and convert it to a longer-term arrangement while more comprehensive assessments are completed.
I represented a mother in a return hearing where the father (who’d been granted emergency custody) presented evidence of severe neglect. At the initial ex parte hearing, he’d shown photos of the home in deplorable condition and medical records showing the child had missed vaccinations and had untreated dental decay. At the return hearing, the mother didn’t deny these facts but explained she’d been suffering from severe postpartum depression that had gone untreated. She presented a treatment plan she’d immediately started, had moved to her parents’ home where she had support, and had already begun addressing the child’s medical needs.
The judge found that the emergency order had been appropriately granted based on the evidence at the time, but given the mother’s immediate steps to address the concerns, modified the order to allow supervised parenting time while the mother continued treatment, with a plan to gradually restore her parenting time as she demonstrated stable functioning. Within six months, she had joint custody restored.
That’s how the system is supposed to work – emergency intervention when needed, but flexibility to adjust as circumstances change and respond to both parents’ efforts.
Between the initial order and the return hearing, document everything. If the order gives you temporary custody, maintain detailed records of how the child is doing in your care. Note any statements the child makes about their experiences. Keep records of all attempts by the other parent to contact you or the child. If the order allows supervised visits, document how those visits go. If the child’s wellbeing improves in your care, document that improvement – better sleep, improved behavior, statements of feeling safer, whatever indicators exist.
If the other parent violates any terms of the order, document those violations immediately. Take photos, save messages, get witness statements. Violations of court orders are serious and can impact the judge’s decision at the return hearing about whether the other parent respects court authority and can be trusted to follow custody arrangements.
The Mistakes That Destroy Your Case
I’ve seen parents with legitimate safety concerns lose custody cases because they made critical errors in how they pursued emergency orders. These mistakes are avoidable, but they’re surprisingly common.
Failing to disclose unfavorable information. This is the most serious error. When you bring an ex parte motion, the judge is relying entirely on your evidence. You have an obligation to disclose all relevant information – even facts that don’t support your case. If you omit important context, exaggerate concerns, or present a one-sided picture that misleads the court, and this comes out at the return hearing, judges will question everything you’ve said. In the case Amato v. Hall, 2024 ONSC 2422, Justice Chang reversed an ex parte order and made scathing remarks about the mother who’d obtained it, finding she’d made material omissions including the fact that she’d left the children in the father’s sole care multiple times in the days before claiming he posed a significant risk of harm. The judge wrote that ex parte orders require “full and frank disclosure” and material omissions warrant setting aside the order.
If there are facts that complicate your narrative, include them in your affidavit and explain why they don’t negate the immediate danger. The judge can assess context. What the judge cannot tolerate is discovering at the return hearing that you hid relevant information.
Using the emergency motion as a tactical weapon. Some parents bring emergency motions not because there’s genuine danger but because they want to establish the status quo before the other parent can respond. They figure if they get the child in their custody first, even temporarily, that gives them an advantage. This strategy almost always backfires. Judges recognize tactical motions, and when they identify one, the consequences are severe. You’ll likely lose the motion, pay costs, and permanently damage your credibility. Every future claim you make will be viewed with skepticism because you’ve shown you’re willing to abuse court processes.
Bringing the motion without attempting any other resolution. In the case L.A.S. v. G.F., 2019 ONCJ 308, Justice Zisman criticized a mother for bringing an ex parte motion when the circumstances didn’t warrant it, emphasizing that emergency motions are for extreme situations and parties should attempt other resolutions first. Unless notice itself creates danger, judges expect you to have tried communicating with the other parent about your concerns before resorting to emergency court intervention. If you haven’t made any attempt to address the issue directly, the judge may question whether it’s truly an emergency.
Poor quality affidavit evidence. Your affidavit needs to be clear, specific, and factual. Vague statements like “I’m very worried” or “the child seems upset” don’t meet the evidentiary standard. You need specific dates, times, incidents, and observable facts. Affidavits filled with conclusions, opinions, and emotional language without factual support will not persuade a judge. Every claim you make should be supported by concrete evidence – either attached documents or specific factual observations.
Violating the temporary order yourself. Once you have an emergency custody order, you must follow it exactly. If the order says the other parent has no contact, you cannot decide to allow contact because you feel generous. If the order requires supervised access, you cannot agree to unsupervised time even if the other parent requests it. Any deviation from the order can be used against you as evidence that either the situation wasn’t as serious as you claimed or that you’re not respecting court authority.
Using the child as a messenger or investigator. Don’t pump the child for information about the other parent. Don’t send messages through the child. Don’t ask the child to spy or report back. This puts the child in an impossible position and judges recognize it as a form of manipulation. If concerns arise, document them objectively based on what you observe about the child’s wellbeing, not through interrogation.
Posting about the case on social media. Anything you post online can and will be used as evidence. Celebrating that you “won” the emergency order, trashing the other parent publicly, or providing details about the case all reflect poorly on your judgment and can be used to argue you’re not acting in the child’s best interests but rather pursuing your own agenda.
Failing to prepare for the return hearing. Some parents get the emergency order and think they’re done. The return hearing is equally important. The other parent will present their evidence and challenge your claims. You need to be prepared to respond to their version of events, provide additional evidence supporting your position, and demonstrate that the temporary order should continue. Don’t treat the return hearing as a formality – it’s a full hearing where the judge reconsiders everything.
When You Should Act – And When You Should Wait
The hardest question parents face is timing. When does a concerning situation become an emergency requiring immediate intervention? When should you wait and pursue regular court processes?
Act immediately if your child is in imminent physical danger. If there’s active violence, severe neglect creating immediate health risks, or credible threats to abduct the child, you cannot wait. Every hour matters. Contact police first if it’s a criminal matter, then contact a lawyer to begin emergency motion proceedings.
Act immediately if your child needs emergency medical attention that the other parent is refusing. If your child has a serious medical condition requiring urgent treatment and the other parent is preventing it, an emergency motion may be necessary to obtain decision-making authority for medical care.
Act immediately if you have concrete evidence the other parent is planning to permanently remove the child from Ontario within days. Flight bookings, conversations about not returning, preparations to leave the jurisdiction – if abduction is imminent, don’t wait for normal court processes.
Wait and pursue regular processes if the situation is serious but not immediately dangerous. If the other parent has substance abuse issues but is currently in treatment and the child hasn’t been harmed, use regular custody proceedings. If there are concerning parenting choices that don’t rise to the level of neglect, address them through a case conference and regular motion. If you’re worried about the other parent’s new partner but no concerning incidents have occurred, document your concerns and raise them appropriately rather than seeking emergency intervention.
Wait and pursue regular processes if you’re in an ongoing custody dispute and this is just the latest incident in a pattern of conflict. Emergency motions are not tools for managing ongoing parenting disagreements. They’re crisis interventions for situations that cannot safely wait for standard procedures.
When in doubt, consult a lawyer before acting. A 30-minute consultation can help you assess whether your situation truly requires emergency intervention or whether you’re better served by pursuing other options. Many situations that feel like emergencies to parents don’t meet the legal test, and bringing an unsuccessful emergency motion can actually harm your position in the ongoing case.
Protecting Your Child While Protecting Your Case
If you’re reading this article because you believe your child is in immediate danger, you need to act carefully and strategically. The steps you take in the next days and weeks will determine both your child’s safety and the outcome of your custody case.
First, ensure your child’s immediate physical safety. If there’s active danger, remove the child from that environment if you can do so legally. If the other parent has custody and you cannot legally remove the child, call police if there’s criminal activity, call Children’s Aid Society if there’s abuse or neglect, or contact emergency services if there’s medical need. Document everything that happens.
Second, start gathering evidence immediately. Every day you wait makes documentation harder. Collect police reports, medical records, photographs, communications, and witness statements. The strength of your evidence determines whether an emergency motion succeeds.
Third, consult with a family lawyer who has experience with emergency custody motions. Not all family lawyers regularly handle emergency matters. You need someone who knows the standards, understands what judges look for, and can assess whether your situation meets the legal test. At Nussbaum Law, we’ve handled dozens of emergency custody motions across the Greater Toronto Area and we understand the difference between cases that meet the threshold and those that don’t.
Fourth, be prepared for the long term. Emergency orders are temporary. You’ll need a strategy not just for obtaining the initial order but for the return hearing, ongoing case conferences, and ultimately a final custody determination that serves your child’s best interests. The emergency motion is one step in a longer process.
Most importantly, remember that the standard is “child’s best interests,” not “parent’s preferences.” Everything you do should be focused on protecting your child, not on winning against your ex. Judges can tell the difference, and they make decisions accordingly.
If your child’s safety cannot wait for standard court processes, contact Nussbaum Law immediately. We provide emergency consultations when children are at risk, and we can quickly assess whether your situation warrants an urgent motion without notice. We’ll review your evidence, explain the legal standards, prepare the necessary court documents, and represent you through both the emergency hearing and the critical return hearing.
We’ve successfully obtained emergency custody orders in cases of parental abduction risk, domestic violence, severe neglect, and substance abuse crises. We’ve also advised clients when their situations – while concerning – don’t meet the emergency threshold and helped them pursue effective alternatives through regular proceedings.
Your child’s safety is paramount. But how you protect that safety through the legal system matters enormously. Get it right by working with lawyers who understand emergency custody procedures and will fight effectively for your child’s wellbeing. Contact us now for an urgent consultation.
