When can you go to family court urgently in Ontario, for example if a child may be taken abroad?

Usually a case conference must be finished before any motion, but Ontario's Family Law Rules let a judge hear a motion first in a situation of urgency or hardship. If there is an immediate danger that a child will be removed from Ontario and the delay of serving the other parent would probably have serious consequences, you can even move without notice. An order made without notice must come back to court within 14 days, or on a date the court chooses.

This guide explains the procedure: what counts as urgent, how an urgent motion is brought, and which orders you can ask for. The orders themselves, and the passport steps outside court, are explained in whether a parent can take your child abroad without consent. For parenting cases in general, see our page on parenting decision-making in Ontario.

What counts as urgent under the Family Law Rules?

The starting rule is strict. No notice of motion or supporting evidence may be served, and no motion heard, before a conference dealing with the substantive issues has been completed (Family Law Rules, r. 14(4)). That rule does not apply if the court is of the opinion that there is a situation of urgency or hardship, or that a case conference is not required for some other reason in the interest of justice (r. 14(4.2)).

The rules do not define urgency. The Ministry of the Attorney General's guide gives two examples: urgency, such as where you or your child's safety is at immediate risk, and hardship, such as where a support order is needed to provide basic living conditions such as shelter, clothing and food for your children and you cannot wait for a conference. The Superior Court's Toronto practice direction describes urgent motions on notice as situations of urgency or hardship "including issues such as abduction, threats of harm or dire financial harm". The same guide warns that if the judge decides an early motion was not necessary, you may be ordered to pay the other party's legal costs for it.

Some motions are exempt from the conference rule altogether, including a motion for a contempt order, a motion for summary judgment, and a motion to require the Director of the Family Responsibility Office to refrain from suspending a licence (r. 14(6)).

When can you go to court without telling the other parent?

A motion may be made without notice if any one of these applies (r. 14(12)):

• the nature or circumstances of the motion make notice unnecessary or not reasonably possible;
• there is an immediate danger of a child's removal from Ontario, and the delay involved in serving a notice of motion would probably have serious consequences;
• there is an immediate danger to the health or safety of a child or of the party making the motion, and the delay would probably have serious consequences; or
• serving a notice of motion would probably have serious consequences.

The documents are filed on or before the motion date (r. 14(13)). An order made without notice (Form 14D) must require the matter to come back to court, to the same judge if possible, within 14 days or on a date the court chooses (r. 14(14)), and it must be served immediately on everyone affected, with all the documents used, unless the court orders otherwise (r. 14(15)). The Toronto practice direction adds that a party moving without notice must explain why notice is unnecessary or not reasonably possible.

How do you bring an urgent motion, step by step?

1. Start the case, or use the one you have. A motion asks for a temporary order on a claim made in an application (r. 14(1)), so an application has to exist. If there is an immediate danger that a child may be removed from Ontario, or to a child's or party's health or safety, the case may be started in any municipality and the motion heard there, with the case transferred afterwards unless the court orders otherwise (r. 5(2)).
2. Prepare the motion. A notice of motion (Form 14) and an affidavit (Form 14A), with a draft order; for a motion without notice, a draft Form 14D (r. 14(9); Ontario guide). The affidavit should contain, as far as possible, only what you know personally; information from someone else must name the source and state that you believe it (r. 14(18) and (19)).
3. File it the way the courthouse requires. At the Superior Court in Toronto, urgent material is filed through the Ontario Courts Public Portal and flagged as time sensitive, and the request for an urgent date goes by email to the Family Trial Office; a judge decides whether the motion is urgent. A judge also sits on Monday mornings from 9 to 11 for limited urgent or procedural matters (TBST Court), or Tuesday if the court is closed on Monday.
4. Serve it, unless you are moving without notice. On notice, the material is served on the other party by email under the Toronto practice direction, and an urgent motion does not need a Form 14C confirmation.
5. Attend. Under the Superior Court's provincial practice direction, urgent motions are heard virtually unless the court orders otherwise; a party who wants an in-person hearing must give reasons in the motion materials.
6. Serve the order and prepare for the return date. A without-notice order is served at once, and the other parent can then answer at the return date (r. 14(14) and (15)).

Which courthouse your case belongs in depends on what you claim and where you live; see which Toronto family court handles your case. The Ontario Court of Justice's own motions page confirms that an emergency or urgent motion may not need a completed case conference first; our guide to the North York family court at 47 Sheppard Avenue East covers one of its Toronto locations. For the Superior Court at 361 University Avenue, see what to expect at that courthouse.

Which orders can you ask for urgently?

A police enforcement order under s. 36(2) must name an expiry date no later than six months after it is made, unless the court is satisfied a longer period is necessary (s. 36(7)). Police may enter and search a place where they reasonably believe the child may be, between 6 a.m. and 9 p.m. unless the order says otherwise (s. 36(5) and (6)).

Why does urgency matter so much when the destination is Iran?

Because protection works best before a child leaves. The Government of Canada's travel advice for Iran (last updated October 13, 2026) states that the Hague Convention on child abduction does not apply between Canada and Iran, that Iran does not automatically recognize Canadian family court orders, and that children of a male Iranian national, including Canadian-Iranian children, need their father's permission to leave Iran. It also notes that the Government of Canada has no embassy or consulate in Iran. This guide covers Ontario and Canadian law only, not Iranian law. If the other parent intends a permanent move rather than a trip, the notice rules in moving with your child to another city or country also apply.

An Ontario court's power to make a parenting order usually depends on the child being habitually resident in Ontario when the application starts (CLRA, s. 22(1)). That is another reason not to wait until after a departure. Whether a custody order made in Iran would count here is a separate question, covered in whether a custody order from Iran counts in Ontario.

What changes the answer?

• How immediate the danger is. Moving without notice for removal or safety requires an immediate danger and probable serious consequences from delay (r. 14(12)(b) and (c)).
• Whether an order or agreement already bars removal. Sections 37(1) and 36(2)(b) depend on an existing prohibition; ss. 37(2) and 36(2)(c) cover a parent with parenting time who is not likely to return the child; otherwise the s. 28(1)(c) orders are the usual starting point.
• Which court hears the case. The Ontario Court of Justice cannot order a transfer of property to a trustee (CLRA, s. 37(4)).
• Whether a case already exists. If not, the application is started together with the motion, and r. 5(2) allows it in any municipality when a child may be removed.
• Hardship rather than danger. Financial hardship can justify an early motion (r. 14(4.2)), but usually on notice.
• Criminal matters. Criminal charges and bail conditions are a separate question that this family law guide does not cover.

A worked example

For example, imagine Leila, who lives in Toronto with her six-year-old son. She and his father separated three months ago with no order or agreement. On a Tuesday she sees, on a shared account, two one-way tickets to Tehran for Friday, booked by the father for himself and the boy during his weekend. She starts an application under the Children's Law Reform Act and brings a motion without notice under r. 14(12)(b), with an affidavit attaching the booking screenshot and explaining that serving him first would probably prompt an earlier departure. She asks for an order that the child not be removed from Ontario without her consent or a court order, and that the child's Canadian and Iranian passports be delivered to her lawyer. A judge makes a temporary order on Form 14D with a return date within 14 days, and the order and all materials are served on the father that day. At the return date he can file his own evidence. This is a hypothetical walk-through, not a prediction of any result.

What mistakes do people make?

1. Waiting for a case conference date when the risk is immediate. The rules allow an early motion in urgency (r. 14(4.2)).
2. Calling a case urgent when it is not. The court may order costs for an unnecessary early motion.
3. Moving without notice without explaining why notice was unnecessary or not reasonably possible.
4. Filling the affidavit with hearsay without naming the source and stating your belief (r. 14(19)).
5. Not serving a without-notice order immediately, with all the documents (r. 14(15)).
6. Relying on the automatic order to stop travel. The automatic order issued in many cases (Form 8.0.1) deals with service, the information program and financial disclosure; it says nothing about taking a child out of Ontario.

What to do this week

1. Save every message, booking, ticket or statement that shows the risk, with dates.
2. Find out where the child's passports are, Canadian and Iranian.
3. Collect any existing order or separation agreement about travel or parenting.
4. Write a short timeline of what happened and when, in your own words.
5. If safety is at risk, call 911 first; then read how family violence affects parenting decisions.
6. Check the next steps in what happens after you start a family case in Toronto.

Frequently asked questions

Is there a court fee for an urgent parenting motion?

Proceedings under the Children's Law Reform Act are exempt from the fees for filing an application or answer and for placing an application on the list for hearing (O. Reg. 293/92, s. 1.2(2)). Divorce and property proceedings do carry filing fees.

Can the court order the other parent's own passport to be handed in?

Yes, in the situations in s. 37: where an order or separation agreement already prohibits removal, or a parent with parenting time is not likely to return the child. The order can cover that parent's passport and the child's, and other travel documents (CLRA, s. 37(3), para. 4).

Will I have to go to the courthouse?

In the Superior Court, urgent motions are heard virtually unless the court orders otherwise when the motion is scheduled (provincial practice direction). A party who wants it in person must give reasons in the materials.

What happens if the judge refuses to treat it as urgent?

In Toronto's Superior Court, the judge may direct that it be set down for the Monday TBST Court instead. If the matter is not urgent, the ordinary rule applies: a case conference first (r. 14(4)).

Can I get support urgently?

Yes, where there is hardship, such as an inability to meet the children's basic needs while you wait for a conference (r. 14(4.2); Ontario guide). The court can make an interim support order (Family Law Act, s. 34(1)). Our page on child support in Ontario explains the amounts.

What if the child has already been taken?

Contact the police at once and get legal advice in Canada and in the other country. The steps after a child is taken abroad are in our guide to children taken abroad without consent.

Related questions

Iranian-Canadian families with these concerns can find the related guides in Persian and English through our page for Persian-speaking families in Toronto.

Sarbazevatan Law acts for parents on urgent parenting and travel motions, in English and Persian (Farsi). Call +1 (416) 628-2041 or reach us through the contact page.