To request an emergency hearing (ex parte motion) in the New Brunswick Court of King’s Bench, you must prove a situation of immediate urgency, such as child abduction, severe family violence, or the rapid depletion of marital assets. The court filing fee is typically $75 CAD.
Family law disputes can sometimes escalate rapidly, creating situations where waiting for a standard court date is not a safe option. 🚨 When the safety of a child or the preservation of crucial property is at immediate risk, New Brunswick law allows you to ask the court for urgent intervention. This process requires compelling evidence and strict adherence to specific court procedures.
Whether your case is heard in Fredericton, Saint John, or Moncton, understanding the legal threshold for an emergency motion is critical. 📍 This guide explains how to properly petition the Court of King’s Bench for an urgent, temporary ruling.
Step-by-Step Process in the New Brunswick Family Court
Emergency hearings are often conducted without notice to the other party, known in Canadian law as an ex parte motion. Because this temporarily limits the other party’s right to respond, judges only grant these requests under exceptional, high-risk circumstances.
Step 1: Determine if Your Case Qualifies as an Emergency
Not all urgent matters qualify for an emergency hearing. 🔍 You must demonstrate that severe, irreversible consequences will occur if the court does not intervene immediately. Acceptable grounds generally include a direct threat to a child’s physical safety, imminent risk of parental abduction across provincial borders, or hard evidence that a spouse is actively draining marital bank accounts.
Step 2: Prepare the Notice of Motion and Affidavit
You must draft a formal Notice of Motion detailing the specific temporary orders you are seeking. 📝 Alongside this, you must swear an Affidavit. Your Affidavit is your sworn evidence; it must contain clear, factual, and detailed information about the immediate danger, rather than general complaints about the other party’s behaviour.
Step 3: File at the Court of King’s Bench
Take your prepared documents to the Family Division of your local Court of King’s Bench. 🏫 Inform the court clerk that you are filing an urgent, without-notice motion. The clerk will process the filing fee and urgently forward the documents to an available judge for immediate review.
Step 4: The Judicial Review and Hearing
A judge will review your Affidavit as quickly as possible. 👨⚕️ If the judge agrees that the matter is a true emergency, they may grant a temporary order immediately or schedule a rapid hearing within a few hours. If an order is granted ex parte, a mandatory follow-up date will be set so the other party has an opportunity to present their defence.
How Much Does it Cost in New Brunswick?
Filing an emergency motion involves both government fees and potential legal costs: 💰
- Court Filing Fee: The standard fee to file a Notice of Motion in the New Brunswick Court of King’s Bench is approximately $75 CAD.
- Lawyer Fees: Preparing urgent legal documents requires immediate, high-priority attention. A family lawyer in New Brunswick typically charges between $250 and $450 CAD per hour. Expect an emergency motion to require several hours of intensive work.
- Process Server: Once the emergency order is granted, you must officially serve the other party. Hiring a professional process server usually costs $100 to $200 CAD.
How Long Does the Process Take?
Emergency motions are designed for absolute speed. 🕑 Once filed, a judge typically reviews the application within 24 to 48 hours. If granted, the temporary order takes effect immediately upon being signed, though the mandatory follow-up hearing will usually be scheduled within 7 to 14 days.
Frequently Asked Questions (FAQ)
What happens if my request is denied?
If the judge determines your situation does not meet the strict legal definition of an emergency, your motion will be dismissed for the time being. You will then have to proceed through the standard, regular court timeline, providing proper notice to the other party.
Can I get an emergency order for child support?
Generally, financial issues like child support or spousal support do not qualify for emergency, ex parte hearings unless there is a complete and sudden loss of basic necessities (destitution). Standard support claims must go through regular court channels.
Do I need a lawyer for an emergency motion?
While you are legally allowed to represent yourself, navigating the strict procedural rules and drafting an airtight Affidavit under extreme time pressure is highly complex. Consulting with a local family law firm is strongly advised to ensure your paperwork is accepted.
What is an ex parte order?
An ex parte order is a temporary court order made by a judge without the other party being present or even notified beforehand. Because this heavily restricts the other person’s rights, these orders are temporary and always require a subsequent hearing where both sides can speak.
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