Separation does not always happen calmly or predictably. In some cases, parents are able to work toward a parenting plan through negotiation or mediation; however, in other cases, urgent court intervention may be necessary to protect a child’s safety. An emergency custody order is also known as an interim parenting order. It is designed to address immediate concerns and conflict between the parties pending trial (where a final decision on parenting will be made).
Usually, parties must attend at least one case conference to discuss the issues in their matter before the court allows them to bring a motion for a temporary order. According to Rule 14(4.2) of the Family Law Rules, in limited circumstances, the court may grant permission to bring an urgent motion before the case conference. For instance, when the court finds that a child’s safety is at immediate risk, an urgent motion will likely be permitted. The decision to bring a motion before a case conference must be carefully contemplated because if the judge decides the motion was unnecessary, you may be ordered to pay the other party’s legal fees relating to the motion. Below are some circumstances in which it may be necessary to initiate a temporary order on the issues.
Safety Concerns Involving the Child
As mentioned above, courts will generally act quickly to implement an emergency temporary order when the child’s safety is at risk if there is evidence to prove that the concern is legitimate. This can include situations such as family violence and threats of the same, a parent’s substance abuse that affects their ability to care for the child, and neglect or unsafe living conditions.
In deciding the outcome of the emergency order, the court’s primary focus is on the best interests of the child, and in particular, their immediate physical and emotional safety. Evidence such as police reports, medical records, or child protection involvement have the potential to be relevant in seeking to prove and establish the importance of the court granting an emergency order.
Threatened/Actual Relocation
This type of emergency order is also frequently sought in cases where one parent threatens to relocate with the child, without the other parent’s consent. It also applies to cases where another parent has already removed the child from the jurisdiction.
Courts take unilateral relocation very seriously and generally do not view a parent favourably if they have disrupted the child’s relationship with the other parent. In cases like these, the temporary order may be used to prevent a move, require the child’s return, or establish a parenting arrangement until the issue can be fully addressed at trial.
Sudden or Escalating Parental Conflict
Emergency intervention by the courts may also be necessary in high conflict scenarios when, for example, a parent is withholding the child from the other parent, or the child is being exposed to ongoing and intense conflict. Although conflict between parties alone is not enough of a reason for the court to become involved on an emergency basis, sudden changes that destabilize a child’s routine or access have a greater chance of warranting emergency court intervention.
Temporary, urgent orders exist to protect the children in moments of crisis. If you are facing a situation involving safety concerns, relocation, or sudden conflict, obtaining legal advice can assist you in determining whether urgent court intervention is necessary in your case. An experienced family lawyer will be able to guide you through a difficult and time-sensitive moment.
Attention Legal Counsel: Professional Mediation Services
When your clients have reached an impasse in settlement discussions, Andrew Feldstein offers third-party mediation services specifically designed for cases where both parties have independent legal representation.
Why lawyers refer cases to Andrew:
- 30+ years family law litigation experience providing courtroom-informed reality testing
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Cases we handle: Negotiation stalemates, complex asset division, support calculation disputes, parenting arrangements, multi-jurisdictional matters, and post-separation modifications.
Refer your next mediation: Call Andrew directly at 905-415-1635 ext. 255 or email info@separation.ca. Virtual and in-person sessions available throughout the GTA.