Ontario Grandparent Emergency Custody Motion: Urgent Court Relief

When an Emergency Motion Applies

Most family court applications in Ontario follow a predictable timeline — file, serve, attend the Mandatory Information Program, wait for a case conference. That process works when the situation is stable. It does not work when a child is in immediate danger.

Under Rule 14 of the Family Law Rules, a party or person with an interest in the case can ask for a temporary order. Section 21(2) and (7) of the Children's Law Reform Act allow non-parents to seek parenting orders, including interim orders. In extreme cases, you can file a motion without notice — a request heard by a judge before the other party is notified.

For a motion without notice, Rule 14(12) sets limited grounds, including immediate danger that the child will be removed from Ontario or immediate danger to the health or safety of the child or moving party where delay would probably have serious consequences. The rule also allows a motion without notice when notice is unnecessary or not reasonably possible, or when giving notice would probably have serious consequences.

Urgent Motions vs Ex Parte Motions

An urgent motion asks the court to deal with the request on an expedited schedule. The other party usually receives notice; the court sets the schedule based on the circumstances.

An ex parte motion goes one step further: the judge hears your request without the other side present at all. This is used when giving notice would defeat the purpose — for example, if alerting a parent to the motion would prompt them to flee with the child before the judge can act.

Orders made without notice require the matter to return to court within 14 days or on another date chosen by the court. The parent then has an opportunity to respond and present their side, and the judge can reconsider the order.

What You Need to Show

For a motion without notice, explain the circumstances under Rule 14(12) and provide evidence showing:

• The child faces immediate danger to their health or safety, or an immediate danger of removal from Ontario
• Giving notice or waiting for the usual process would probably have serious consequences
• Notice is unnecessary or not reasonably possible, or would probably have serious consequences, if you are asking the judge to hear the motion without notice

The key question is whether an immediate danger or another Rule 14(12) circumstance exists, and whether giving notice or waiting would probably have serious consequences.

Your evidence must be specific. "I'm worried about the child" is not enough. "The child arrived at my home yesterday with unexplained bruising, the parent is threatening to take the child tonight, and here is the text message" — that gives the judge something to act on.

How to File

An emergency motion uses Form 14 (Notice of Motion) and Form 14A (Affidavit in Support of Motion). A motion without notice also requires a draft Form 14D (Order on Motion Without Notice). The affidavit must lay out the factual basis for the emergency in detail, supported by whatever evidence you have — text messages, photos, medical records, police reports, witness statements.

If you are filing ex parte, you must also explain in your materials why notice to the other party should be dispensed with.

Take your motion to the court office and ask about the local urgent-hearing process. The court office or duty counsel can explain how urgent matters are scheduled at that courthouse.

If you do not yet have an active court file (you have not filed your Form 8 application), you can file the application and the emergency motion simultaneously.

What Happens After

If the judge grants your emergency motion, the order is temporary — it keeps things stable while the rest of the process unfolds. Typically, the order will:

• Grant you temporary decision-making responsibility or parenting time
• Prohibit the parent from removing the child from a specified area
• Set a return date for both parties to appear and argue whether the temporary order should continue

At the return hearing, the judge will reconsider everything with both sides present. The temporary order may be continued, modified, or set aside depending on what the parent presents.

An emergency motion is a powerful tool, but it is also a serious step. Judges are cautious about granting ex parte orders because they limit the other party's right to be heard. Use this route when the child's safety genuinely requires it — not as a tactic to get ahead in a dispute.

For the full process — from emergency motions through to the regular case conference track and final order — the Ontario Decision-Making Order toolkit covers both the urgent and standard pathways for grandparents and relatives.

See more Ontario guides →