Guided Pathway for making an emergency motion

CLEO’s Guided Pathway for making an emergency motion is for people who want to ask the court to make an order right away, without giving notice to the other party. Emergency motions are only for real emergencies. The court considers a situation an emergency if your or your children’s health and safety are at risk. For example, your partner is threatening to hurt you or your children, or to take your children out of the province. An emergency motion is also called an ex parte motion.

You can ask for other orders, including decision-making responsibility for your children, parenting time, a restraining order, or another family law issue that is an emergency.

As a rule, the court does not make an order that affects someone else unless that person has notice, and a chance to tell their side of the story. Emergency motions are a rare exception to this rule. You don’t have to serve your documents on the other party before the judge hears the motion and makes a decision. This is because giving the other party notice of your motion, or taking the time to give them notice, could put you or your children in danger.

When you apply for an emergency motion, you must explain to the court why your situation is an emergency, and why you need the order now. You must also explain why giving the other party notice of your motion could put you or your children at risk.

The pathway can help you fill out the forms you need to make an emergency motion, including:

Form 14: Notice of Motion
Form 14D: Order on Motion Without Notice
Form 14: Affidavit (General)

The pathway is free to use. When you’re finished, you can save or print your documents.

You can use this pathway if:	What you need to get started:
you and the other party: are married or divorced are or were in a common-law relationship are or were dating and share children never had a relationship but share children you or the other party live in Ontario your situation is an emergency you want to ask for one of the orders below: decision-making responsibility parenting time getting your children returned to you stopping your children from being returned to the other party stopping the other party from taking your children out of the jurisdiction (like your city) a restraining order exclusive possession of the matrimonial home other family law issues that are an emergency you want to learn more about emergency motions	You need information about: yourself and the other party, including their name and any contact details you have for them your children, including their names and birth dates Depending on your situation and what orders you’re asking the court for, you may also need information about: your relationship with the other party, including important dates, like when you started living together or when you separated your children’s schedules and any special needs they may have parenting tasks you take care of, and the other party takes care of any abuse or violence that has happened If you want to use the pathway to learn more about emergency motions, you don’t need any information to start.

You can use this pathway if:

What you need to get started:

you and the other party:
- are married or divorced
- are or were in a common-law relationship
- are or were dating and share children
- never had a relationship but share children
you or the other party live in Ontario
your situation is an emergency
you want to ask for one of the orders below:
- decision-making responsibility
- parenting time
- getting your children returned to you
- stopping your children from being returned to the other party
- stopping the other party from taking your children out of the jurisdiction (like your city)
- a restraining order
- exclusive possession of the matrimonial home
- other family law issues that are an emergency
you want to learn more about emergency motions

You need information about:

yourself and the other party, including their name and any contact details you have for them
your children, including their names and birth dates

Depending on your situation and what orders you’re asking the court for, you may also need information about:

your relationship with the other party, including important dates, like when you started living together or when you separated
your children’s schedules and any special needs they may have
parenting tasks you take care of, and the other party takes care of
any abuse or violence that has happened

If you want to use the pathway to learn more about emergency motions, you don’t need any information to start.

Using the pathway

You can sign up to create an account or use the pathway as a guest. If you choose not to create an account, the system will time out after 4 hours. You must create an account if you want to save your work on the system or use the other pathways.

Any personal information that you enter into the pathways is confidential. CLEO will not give your personal information to anyone unless you ask us to do this. Read more in our Terms of Use and Privacy Policy.

Need help?

If you need help using the Guided Pathways or have questions, contact support@cleo.on.ca.

The pathways don’t give you legal advice. For advice about your situation, talk to a lawyer.