Urgent Without Notice Orders

Extraordinary procedure
Fairness requires that both parties have a chance to be heard, so it is unusual for a judge to grant an order without having heard both sides. Therefore, applications should only be made without notice to the other party if there are special circumstances like an emergency where the interests of justice or the protection of the person asking for the order (the applicant) or a child clearly demand an immediate court order. To proceed without notice, you will have to satisfy the judge that there is a real risk of some danger if notice were required before your application is heard.

Talk to a lawyer
It’s helpful to talk to a lawyer before making an application in court. If you can’t afford to hire a lawyer to prepare the documents and speak for you at a hearing, you may be able to get a lawyer through Legal Aid or get help from a Duty Counsel.

Choose the right court
The Provincial Court does not have the power to make an order and you must go to the BC Supreme Court if:

• the other party (the respondent) lives outside BC permanently,
• the order you are requesting will amount to a change in an existing Supreme Court order, or
• it affects rights to family property without being relevant to parenting arrangements (e.g. an order not to enter the family home if there is no parenting order).

Use the right forms
The Provincial Court (Family) Rules require you to use different forms, depending on whether or not a Family Law Act application has already been filed in a matter between you and the other party.

More information
For more information on preparing to obtain an urgent Family Law Act order without notice to the other party, see Guide to Preparing for a Family Court Trial, page 21

If you are asking for a protection order, see Guide to Preparing for a Family Court Trial, page 19

This website provides general information only and should not be used as a substitute for legal advice.