Emergency Custody Order Ontario: What You Need to Know

Published by:
Olivia Moore

Reviewed by:
Alistair Vigier
Last Modified: 2024-06-20
Do you need an emergency custody order in Ontario? Get a lawyer to help you get custody in Ontario quickly. Child custody gives you the ability to decide about a child’s life, including their school, health, and religious upbringing. You also need to consider religious traditions. A law firm can help you navigate these issues.
An emergency custody order in Ontario is a legal tool allowing a parent, guardian, or child protection agency to obtain temporary custody of a child without a hearing. It is granted only when the child’s safety is at risk or in immediate danger. The Children’s Law Reform Act and Family Law Rules govern these orders.

When is an Emergency Custody Order Necessary in Ontario?
An emergency custody order is essential when a child’s safety or well-being is at risk. To obtain one, you must file a motion with the court, providing evidence supporting the need for an emergency order. The court will decide whether to grant the order based on the evidence presented.
Obtaining an emergency custody order in Ontario is a complex and time-sensitive process. If you believe your child is in danger, seek advice from a family lawyer or a child protection agency immediately.
What Happens After an Emergency Custody Order is Granted in Ontario?
Once granted, the child is placed in the care of the parent, guardian, or child protection agency named in the order. This order is temporary and lasts until further court orders are made. The court usually schedules a hearing within a few weeks to review the evidence and decide whether to extend the order or arrange a different custody arrangement. The court prioritizes the child’s best interests in making custody determinations.
Violating an emergency custody order can lead to serious consequences, including contempt of court or criminal charges. The court may also modify the custody order, award custody to the other parent, or place the child with a child protection agency. Compliance is essential to avoid legal repercussions and ensure the child’s safety and well-being.
Different Types of Child Custody
- Sole Custody: One parent makes all decisions, and the child typically lives with that parent.
- Split Custody: Each parent has custody of one or more children.
- Joint Custody: Both parents share decision-making responsibilities for the child or children.
- Shared Custody: According to existing rules, the child spends more than 40% of the time with each parent.
Immediate Custodial Order for Ontario
Affordable family lawyers assist with various family law issues, including separation agreements and custody disputes. They aim to avoid court, saving you money.
To save money, consider reaching a custody or separation agreement, often costing just 10% of going to court. Resolving even some issues can reduce court expenses. Learn how to save on legal fees.
Do you have questions about getting sole custody in Ontario? If you have your sole custody agreement or court order, you might feel relieved. But why are you receiving letters from your ex’s lawyer stating they plan to argue custody again? Our lawyers serve all cities in Ontario, offering legal services via email, video conferencing, and phone. Most family law disputes are resolved without court intervention. A top lawyer can often settle issues with letters and communication.

Sole Custody in Ontario
Have you won sole custody but failed to support the child’s relationship with the other parent? If you deny access or make selfish decisions regarding access times, the court can reverse its order, granting the other parent sole custody or primary residence. Keep in mind that court costs start at $3,000, excluding court filing fees.
Sole custody gives you more decision-making power than joint or shared custody, but you must facilitate access and a relationship between your child and the other parent. You are not free to dictate every aspect of the child’s life without input from the other parent. If the other parent builds a case suggesting you are neglecting this duty, you may need to contact a lawyer to defend yourself in court.
Custody Questions and Relocation
Many people with custody issues have questions, such as whether they can move away with their children. Law is complicated, involving disputes between parties, law firms, the Children’s Aid Society, and family law courts.
When people first contact us, they often ask, “What’s the retainer?” We don’t charge retainers or have retainer agreements. For more complex situations, seek a law firm offering a flat fee or an estimate. We provide a clear path forward and explain what we need from you.
In a recent Superior Court decision, Justice Pazaratz emphasized that using images to humiliate the other party is unacceptable. In this case, a father sought primary residence and more access to his children, attaching explicit photos of the mother to his affidavit. Justice Pazaratz ruled these photos irrelevant, highlighting that “nasty doesn’t work” and “nasty won’t be tolerated.” The court urges parents to resolve custody disputes civilly and reasonably.
Legal Evidence and Courtroom Behavior
Justice Pazaratz removed offensive materials from the court record, noting that while emails, texts, and online posts can support allegations of abuse or threats, irrelevant personal matters are excluded. The court focuses on evidence relevant to parenting and child welfare.
Custody disputes can become complicated, especially around holidays like Christmas. Have questions about getting sole custody in Ontario? Talk to a lawyer in Ontario.
Emergency Custody Order In Ontario
If a child is at risk, obtaining quick custody may be possible. Speak to a family law firm to navigate the complexities. Courts prioritize the child’s best interests, seeking positive parent-child relationships. When a parent is unfit due to drugs, alcohol, or abuse, the court may issue an emergency order.
To secure an emergency order, complete an affidavit swearing your evidence to the court. File the necessary forms and appear before a judge, prepared to present your case. Expect personal and uncomfortable questions, with the judge ultimately making the decision. Emergency orders are typically temporary, with judges needing substantial evidence of risk.
Gather all documents and evidence, and ensure you have witnesses and understand filing requirements, including any witness fees. If you lack a lawyer while the other party has one, winning may be challenging. Losing could also mean paying their legal costs.
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