Family issues can escalate fast, and sometimes you need the court’s help immediately. In Ontario, this is done through an urgent motion, but the threshold to qualify is high. Courts follow specific legal tests to decide whether your matter truly requires urgent attention.
Below is what you need to know.
What Is an Urgent Motion in Family Law?
An urgent motion asks the court to deal with a matter right away because waiting would cause serious harm or prejudice. These orders are exceptional, used only when regular timelines aren’t fast enough.
Common Examples of Urgent Family Law Issues
- Child safety or welfare concerns
- Wrongful retention or abduction of a child
- Threatened unilateral relocation
- Family violence, coercive control, or harassment
- Immediate financial risk (e.g., dissipation of assets)
- Loss of access to basic needs
- Time-sensitive procedural issues where delay defeats the purpose of the motion
The Legal Test for Urgency in Ontario: Rosen v. Rosen
The leading case on urgency is Rosen v. Rosen, which sets out when a court will bypass normal timelines.
Under Rosen, a motion is urgent when:
- A serious issue requires immediate attention.
- The moving party will suffer serious consequences if the motion is not heard right away.
- The situation was not foreseeable or could not reasonably have been addressed earlier.
- The party moved quickly and did not delay.
- Urgency is the exception, not the rule.
Courts rely heavily on these principles to filter out issues that are simply inconvenient versus those that are genuinely urgent.
What Does NOT Qualify as Urgent in Family Law?
Courts routinely dismiss urgent motions that involve:
- Long-standing disputes that could have been raised earlier
- Scheduling disagreements
- Disappointment with the status quo
- Attempts to “jump the line” without real risk
- General disagreements about parenting without immediate harm
Why Legal Advice Matters for Urgent Motions
Urgent motions are fast-paced and heavily scrutinized. If you don’t frame the issue properly, the court may refuse to even hear your motion.
A family lawyer can help by:
- Assessing whether your situation meets the urgency test
- Preparing concise, strong affidavit evidence
- Avoiding procedural mistakes
- Acting quickly to preserve your rights
If you believe your situation may be urgent, it’s important to reach out for advice immediately, waiting can weaken or eliminate your ability to claim urgency. Contact us today to schedule a consultation with our experienced lawyers.
The content on this post is for information purposes only and is not legal advice, which cannot be given without knowing the facts of a specific situation. You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. The use of the website does not establish a solicitor and client relationship.