Is your child in immediate danger right now?
Maybe your ex threatened to take them out of the country. Or perhaps you have discovered signs of abuse. Hearing this kind of news will make your heart race, and you know you can’t wait weeks for a normal court date.
It is exactly when you need an emergency custody order—a special court order that protects children facing immediate threats. Unlike regular custody cases, such as sole custody or joint custody, judges can grant these orders within hours, sometimes without even telling the other parent first.
Here’s everything you need to know about getting emergency protection for your child in Canada.
Get Professional Legal Counsel from Expert Lawyers for Child Custody and Protection in Regina today!
What Makes an Emergency Custody Order Different?
An emergency custody order works fast because children can’t wait. These orders protect kids when waiting for a normal hearing could cause serious harm. It’s like calling 911 when your house is on fire—you don’t schedule an appointment for next month. Real-time threats demand real-time response.
If notifying your ex-partner would endanger your child, the court can act immediately without telling them. This urgent protection is called an ‘ex parte’ order.
However, these emergency orders don’t last forever. They typically stay in effect for only 10 to 14 days. After that, both parents have the opportunity to present their side at a full hearing.
When Courts Actually Grant Emergency Custody Orders?
Judges don’t hand out emergency orders easily. You need to prove your child faces real, immediate danger. Here are some of the circumstances:
Your Child Faces Immediate Physical or Emotional Harm
Courts grant emergency protection when there is credible evidence of physical abuse, emotional abuse, neglect, or sexual exploitation. Key evidence includes police reports or child welfare agency investigations. For example, if your child comes home with unexplained bruises and tells their teacher about violent outbursts, that’s the kind of serious evidence judges need.
Someone Might Take Your Child Out of the Province or Country
Courts step in when there’s a realistic threat that someone will take your child away without legal permission. It could happen if your ex has already tried to leave before or has made clear threats. Perhaps your ex-partner purchased plane tickets to another country without informing you. Or they’ve said they’re planning to “start fresh” somewhere far away with your child.
Telling the Other Parent Would Create More Danger
Sometimes, giving your ex-partner advance notice of court action can put your child at a higher risk. If serving court papers would endanger your child or destroy important evidence, courts may skip the usual notification rules.
This happens in cases where violence might escalate if the other parent finds out you’re going to court.
The Other Parent Has Abandoned Your Child
If the other parent has left your child alone without care or cannot be found despite serious efforts to locate them, you can apply for emergency custody.
Your Step-by-Step Guide to Applying for Emergency Custody
Getting an emergency order requires careful preparation. Follow these steps to strengthen your case.
Step 1: Collect Your Evidence
Strong, well-prepared evidence greatly strengthens your emergency custody application. Make sure you have documents showing that your child is in urgent danger.
Gather these materials:
- Police reports showing domestic violence or threats, medical records documenting injuries or mental health concerns.
- Written statements, text messages, and emails from teachers, counsellors, or other witnesses, showing threats or dangerous behaviour.
- Write down every dangerous incident with specific dates, times, and locations. Take photos of any injuries or property damage.
- The more detailed your records, the stronger your case becomes.
Step 2: Fill Out the Right Court Forms
Each province has specific forms for emergency parenting orders.
You’ll need to file a Notice of Motion for interim relief along with a Notice of Application. In Ontario, these are called Form 13 and Form 14. Your forms must clearly explain:
- What emergency protection are you requesting
- Why your child is in immediate danger
- Why can’t you wait for a regular hearing
Don’t use vague language. Be specific about the threats your child faces.
Step 3: File Your Notice of Motion
Your Notice of Motion must state what emergency help you need, which law allows you to ask for it, and why a normal notice would be dangerous or impossible.
Reference the Divorce Act Section 16.1 if you’re married or were married. Ensure that your emergency request is linked to your primary custody application.
Step 4: Submit Everything to the Court
Take all your documents to your local family court registry. You will need to pay a filing fee, though many courts waive fees in family violence cases.
If you can’t afford the fee, ask about fee exemptions (an official decision not to charge a fee that is normally required). Don’t let money stop you from protecting your child.
Usually, you must serve copies on the other parent; however, ex parte filings allow you to delay this if immediate notification poses a danger.
Step 5: Attend Your Emergency Hearing
Emergency hearings typically happen within 24 to 72 hours of filing. That’s much faster than normal custody cases.
At the hearing, the judge will review your evidence and decide if the threat is serious enough. The judge can grant your emergency order, require you to notify the other parent first, or schedule a faster regular hearing instead. Bring extra copies of all your evidence for the court staff and the judge.
Prepare a short, clear explanation of why your child needs protection right now.
Understanding Different Types of Emergency Orders
Not all urgent court orders are created equal. Here’s how they compare:
| Order Type | Notice Requirement | Duration | Primary Purpose |
| Emergency Custody Order | Often ex parte (no notice) | Until an expedited follow-up hearing | Immediate child protection |
| Interim Parenting Order | Notice required | Pending final determination | Temporary parenting arrangements |
| Emergency Protection Order | Ex parte if necessary | As specified (e.g., up to 14 days) | Protection from family violence |
| Restraining Order | Notice required | Varies (months to years) | Prevent contact or harassment |
Understanding these differences helps you request the appropriate type of protection.
What You Must Know Before Applying for Emergency Custody
Judges Grant These Orders Very Carefully
Courts use caution with ex parte custody orders to prevent misuse. You must prove that normal court procedures can’t protect your child quickly enough. Because the other parent isn’t present, judges need detailed evidence that can be verified. General accusations without proof usually fail.
These Orders Are Temporary
Emergency Custody orders typically expire at the return court date, which is usually within two weeks.
At that second hearing, both parents can present their full arguments and evidence. It gives everyone a fair chance to be heard while keeping your child safe in the meantime.
The Child’s Safety Comes First
Courts consider your child’s safety, security, and well-being above everything else.
Emergency orders focus only on immediate protection, not long-term custody arrangements.
Other Important Facts to Remember When Applying
- Judges watch for individuals who file emergency motions as a tactic rather than a genuine request for protection.
- If your application is found to be frivolous, you might have to pay court costs.
- An emergency custody order doesn’t decide permanent parenting arrangements. It simply keeps things safe until a full hearing takes place.
- If your custody dispute crosses provincial or international borders, enforcement gets more complicated.
- International cases may involve the Hague Convention on the Civil Aspects of International Child Abduction.
Your Child’s Safety Is Worth Fighting For
Emergency custody orders exist because some situations simply cannot wait.
When your child faces immediate danger from abuse, abduction, or abandonment, Canadian courts can act within hours to provide protection. The process requires solid evidence, proper forms, and clear proof of urgent risk.
While judges grant these orders carefully, they understand that protecting children sometimes means acting fast—even before the other parent gets their say.
If your child is in danger right now, don’t wait another minute. Gather your evidence, head to your local family court, and ask for the emergency protection your child deserves.
FAQs about Emergency Custody Orders in Canada
What happens if the judge says no to Emergency Custody Order?
Start a standard parenting application immediately, try to reach a temporary agreement with the other parent, or look into restraining orders or protection orders instead.
Can someone else file for emergency custody for my kid on my behalf?
Only parents or legal guardians can apply for emergency custody orders. Other people might be able to ask for contact orders, but not custody.
How do I prepare for the follow-up hearing?
Update your evidence, hire a lawyer if possible, and arrange for witnesses to attend. Be ready to discuss other options besides emergency relief.
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