Question:  I just separated.  We have young children.  Some things are going on between us that are a great concern. Can I get into court right away for an order?  

 

Answer: The Family Law Rules say that you cannot bring a motion for an interim order before a Case Conference unless you have a matter of urgency or emergency.  The courts has set a relatively high watermark in terms of what is considered urgent or an emergency.  Your situation may been seen to be urgent or an emergency if there could be hardship if you wait until after a Case Conference, or it is in the “interests of justice” that your motion be heard before a case conference.  Those situations can include, by example, an immediate risk that your partner will seriously harm you or your children, or your spouse says (s)he is planning on leaving the country with your children and not bring them back.  If you do bring such a motion, you want to give detailed, specific information of your fears and show why you think something serious could happen if the motion is not heard right away.

We are a full service firm that does a lot of family law.  We are happy to meet you for a free consultation about your matter at one of our three offices, including 8 Guelph Street, Georgetown, in the Lounsbury Life & Group Insurance Benefits building.