Family Justice


The Best Option for You

If You Go to Provincial Court

What if I need an order right away?

If you need an order right away - for example, you are afraid your former spouse will take the children out of the province, or you believe your safety or the safety of your children is at risk - you can ask the court to hear your case without notifying your former spouse.

After the judge has heard your case, he or she may decide to make an "ex-parte order" (an order made without notice to your former spouse). This order will remain in force indefinitely, unless the judge puts in an expiry date, or you or your former spouse later apply to the court and the judge makes an order canceling or replacing it.

If your issue is somewhat urgent, but does not have to be heard immediately, the court may allow you to give your former spouse "short notice." This means you have to serve the court documents on your former spouse (see How do I obtain a Provincial Court order? ), but your case will be heard more quickly than usual.

Court staff can give you more information on how to obtain an order in special circumstances.