You are here
What is an urgent motion with notice in family law and what happens at one?
As of March 1, 2021, the term custody has changed to decision-making responsibility. And in most situations, the term access has changed to parenting time. Now, all parents usually have parenting time.
Also, a person who isn't a parent or step-parent may get a contact order to spend time with a child. For example a grandparent can get this order.
Usually, you have to wait until after you've had a case conference before you can bring a regular motion. You don't have to wait if you and your partner agree and want the court to make a consent order.
There are two other types of motions that you can bring in very few situations if you need a temporary order quickly before a case conference:
- an urgent motion with notice to your partner
- an ex parte or emergency motion without notice to your partner
The difference between these two types of motions is whether you give your partner notice. Notice means that you serve your partner with your court documents for the motion and they have a chance to respond before a judge makes a decision.
You can bring these motions at any time during your court case, even before you've had a case conference and sometimes before you start a court case.
There are Family Law Rules that tell you what is needed at every step in a court case. Rule 14: Motions for temporary orders tells you what you need to do to bring a motion.
You can talk to a lawyer who can help you with your motion. If you can't afford to hire a lawyer for your whole case, some lawyers provide "unbundled services" or "limited scope retainer" services. This means you pay them to help you with part of your case.
If you can't afford to hire a lawyer at all, you may be able to find legal help in other places.