What are Urgent/Emergency Motions?

This article is a brief and general overview about Urgent/Emergency Motions. Normally, family motions are heard after a case conference is held, however, urgent motions may be possible before a case conference provided there is a real urgency to the situation. An Urgent/Emergency Motion is a fast-track request that asks a judge for immediate, short-term relief. There are two types of Emergency Motions that can be filed with the courts: 

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1. An Emergency Motion without notice 

2. An Emergency Motion with notice

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You are only allowed to file an Emergency Motion without notice in very serious situations such as imminent child abduction or family violence dangers. If you want to file this type of motion with the court, you must provide evidence that explains the urgent harm and also explain why the other side could not be notified in time. If the order is granted, then a follow-up 'with notice' is automatically set within 14 days after the first court appearance. However, it is more common to file an Emergency Motion with notice as these types of motions are used in urgent situations such as parenting time being wrongly cut short, or when parents disagree about how to proceed regarding their child's surgery or other medical issues.