Parents living separately sometimes have parenting orders, describing how they divide time with their children. Other parents have an informal agreement.
Sometimes, a genuine emergency arises that requires an immediate change to the parenting time agreement. The courts offer a mechanism for accomplishing this. If you feel it is necessary to implement an immediate change to your parenting time arrangement, contact a Toronto emergency parenting time lawyer at our firm.
Justice requires that both parties to a dispute have the opportunity to present their side of the issue. Therefore, courts are reluctant to allow motions without notice to the other party except in extraordinary circumstances.
However, some situations that represent danger to a child can justify an urgent motion without notice. Courts will hear these motions when the other party:
Discussing your situation with an emergency parenting time lawyer in Toronto can help you clarify whether your circumstances merit an urgent motion without notice. If so, they can advise you about the evidence you must present to prove the circumstances and obtain the order.
You must apply to the court for permission to bring in motion without notice. You will need to file forms at the courthouse to initiate the process.
Your application must provide documentation supporting your need. Depending on the circumstances, the documentation could include statements from witnesses, text messages, email messages, medical and police records, and anything else that proves that your former partner is a threat to you or your children.
If the court grants your application to hear the motion, it will hold a hearing. A Toronto lawyer can give you an estimate of the timeframe in a particular court between filing the application for an emergency order and the court hearing. At the hearing, you will present your evidence, and if the court agrees an emergency change in parenting time is warranted, it will issue the order at the conclusion of the hearing.
When the court issues an emergency parenting time order without notice, it will be served on the other party and take effect immediately. Within a short period, often within 14 days, the court will hold a second hearing at which your co-parent can present their side of the story.
If you have concerns that your co-parent will be violent toward you or your child when they receive notice of the emergency order, you must take steps to protect your safety. Often, this involves moving to another location until the second tearing is held. The Family Law Act s. 5 permits a parent to obtain a restraining order against the co-parent in these circumstances.
At the second hearing, your co-parent will have the opportunity to present their evidence regarding parenting time. The judge can make the emergency order permanent, but they also could issue a different parenting order, depending on their perception of what serves the children’s best interests. Representation by a Toronto family lawyer at this hearing can ensure a persuasive presentation of the evidence and increase your chances of meeting your parenting time goals.
When your co-parent poses a threat to your child, acting immediately is critical. The urgent motion without notice procedure allows you to obtain a change to the parenting time agreement quickly.
If you believe your situation requires it, immediately speak with a Toronto emergency parenting time lawyer. They can guide you through the process and enhance your chances of success. We are available at all hours, so get in touch now.
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