Are you looking into filing for an emergency custody hearing? Applying for a court order or waiting for a court date takes time. 

The courts can get horribly backed up, and, as you know, any bureaucratic process takes time. You’ll have to fill out the correct paperwork and collect all the necessary materials. Often a best-case scenario for getting a court date in BC is one month or two.

As you can imagine, in an emergency or time-sensitive situation, this standard time frame just won’t do. Depending on the severity of the issue, time will be of the essence, especially in the case of a custody dispute or where the safety of the child is at stake.

Key Criteria: When to Consider Filing for Emergency Custody

Luckily in BC, there are processes in place for these very situations, where time is an issue. It’s standard procedure for a judge to require that the other party in a dispute be notified a minimum amount of time before a hearing, usually 30 days.

This is only fair, as it provides enough time for them to make arrangements and to be available for the scheduled court date.

The emergency custody hearing is reserved for priority circumstances, so you’ll need to have legitimate reasons in order to get things pushed forward. This type of hearing will only happen if waiting will negatively impact the child in some way if it were delayed.

What is an emergency custody hearing? How does one file for one? Or better yet, should I file for an emergency custody hearing?

What is an emergency custody hearing?

In a standard petition in BC Family Court, proceedings take time. 

You’re required to serve the other party, who in turn has 30 days in order to respond. This is only the first step and it can take over one month in order to merely have your first court date scheduled.

Some custody issues simply can’t wait. Whether it’s the more extreme example of a child’s safety put into question or a pressing parenting matter that needs to be resolved quickly. This is the purpose of the extraordinary procedure.

When should I file for an emergency custody hearing?

If you believe that your child is at immediate risk under their current custody arrangement, you can apply for what’s called an immediate protection order. 

This without a doubt the most pressing and serious circumstance. If notifying the other party is likely to put the child at risk, a court hearing can be scheduled without notifying that party. You’ll need to be able to demonstrate to the judge that a legitimate threat is present in the home.

Step-by-Step Process: How to File for an Emergency Custody Hearing

When it comes to an immediate protection order, the hearing will be scheduled for the same day the application was made, if at all possible. If a judge believes a threat isn’t present or the issue isn’t time critical, they may still end up requiring the other party to be present for the appeal to proceed.

This is why it’s so important to come to court prepared and to make sure that your concern qualifies for a priority hearing. Not coming prepared can easily waste your and the court’s time.

There are also several less critical situations that can be expedited through the courts, or even bypass the courts altogether.

Which circumstances warrant a priority custody hearing?

The mantra and guiding principle of the family court are protecting the best interests of the child and sometimes urgent matters arise.

Aside from critical circumstances surrounding the immediate safety of your child, there are urgent justifications for a priority hearing date. These include:

• A priority parenting matter
• An order preventing the relocation of a child
• Some other matters

Important Documents: Gathering Evidence for Your Custody Case

Priority parenting matters is a pretty broad category that can include getting required consent or permissions for medical treatments, important document applications or participation in important events.

This category may also apply to situations where a guardian has plans to change the residence of a child, if no prior parenting agreement exists or if the change of address may negatively impact the child’s relationship with any other guardian.

Applications using this process require just seven days, rather than the normal 30.

An order preventing the relocation of a child is pretty clear-cut. If there is no pre-existing agreement, you can use the above-priority parenting matter process. 

Parents or guardians

If there is an agreement between parents or guardians, then you should apply for an order preventing the relocation of a child within 30 days of receiving notice of the intention to relocate your child.

You’ll be able to have your custody hearing in as little as seven days – this is the minimum amount of notice you’re required to give the other party when you file a dispute.

If neither of the above two scenarios applies and you’re not applying for a protection order, there are two remaining options available to you. You can apply for an application for case management order, either with or without notice or attendance. 

The application forms for both have lists of orders that can be requested. Many require a shorter notice to appear period or none at all. Certain orders can even be requested in writing without requiring a court appearance at all.

The Role of an Attorney in Emergency Custody Proceedings

Dealing with the court generally takes time. There are minimums in place that allow for notifying all parties involved and scheduling the actual court date takes time as well, in our busy system.

But when it comes to protecting the best interest of children, sometimes life gets in the way and a speedier process is required. Most prominently, if the immediate safety of a child is at risk, a protection order can be enacted quickly without including the other party, if it’s deemed there is a risk.

There are also other scenarios where time is of the essence. Courts in BC have created priority processes for each of these cases as well. You can either follow a priority process to get a court date sooner or avoid court altogether in some cases.

Our best advice is to ask a lawyer. They will have the expertise and experience to guide you on the best route to take to get your desired outcome quickly.