Urgent family law motions often involve critical and time-sensitive situations. Therefore, initiating an urgent motion must be done the right way and in compliance with relevant laws and court rules so that the matter can be heard by a judge. Having a legal professional by your side could make a substantial difference in getting your urgent motion filed and heard in time to avoid any risks of harm.
The court takes time to process family matters and divorce, so you could be waiting months for a decision or to be heard by a judge. An experienced Toronto urgent motions lawyer understands the process for filing this type of motion and could help resolve the matter in a time-sensitive manner.
An urgent motion is a type of motion filed in family court that needs a timely order or response from the judge. Situations that might require the filing of an urgent motion include when you:
In Toronto, a motion is typically not permitted prior to a case conference; however, in some cases, an urgent motion can be filed and brought prior to court proceedings. Generally, urgent motions must be brought only if a situation of urgency arises such that you could be facing hardship if you are forced to wait until a case conference or in the interests of justice, according to Section 14 of Ontario’s Family Law Rules. A seasoned lawyer serving the Toronto area could advise you of your legal rights and the possibility of filing an urgent motion.
It is important to understand that an urgent motion typically only leads to interim or temporary orders from the judge if it is granted. While there are several types of urgent motions that could be available to you, common types include motions seeking preservation or restraining orders.
An urgent motion seeking non-depletion is typically used to restrict a spouse from using or disposing of their assets or property prior to a settlement or court hearing. A preservation motion is commonly used to protect your property rights and ensure there are sufficient assets for any payments you are owed. Urgent motions for restraining orders are typically filed in an attempt to restrict someone’s ability to contact you.
These types of urgent motions are restrictive in nature, so a court does not grant them without sufficient evidence of immediate and present danger. A Toronto time-sensitive motions lawyer could help you submit and prove an urgent matter to the court.
Family law matters that come before a court often become a challenging experience for everyone involved. Unfortunately, in some cases, you might need to seek a judge’s order in a timely matter. A dedicated Toronto urgent motions lawyer is here to assist you in bringing your urgent matter before a judge and resolving all matters as quickly as possible. Schedule a consultation any time for your urgent motions case.
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