If your child is at immediate risk and you cannot wait for a regular court hearing, BC family law provides a way to get an emergency order within days — sometimes on the same day you file. Here is what qualifies and how to apply.
How do you get an emergency custody order in BC?
I have practised law in British Columbia since 1991, and I advise parents when a child's safety is at risk. Here is how urgent applications work.
BC family law allows a parent to obtain an emergency parenting order without notifying the other parent — but only in genuine emergencies where waiting for a regular court process would put a child at risk. These applications are taken seriously by courts and require compelling evidence.
When Can You Apply Without Notice?
Section 217 of BC's Family Law Act (FLA) allows a court to make an order without notice to the other party if:
- Giving notice would put the child or applicant at risk
- Immediate action is needed to protect the child
- There is not enough time to serve the other party before the risk materialises
Common genuine emergencies in BC include:
- A parent has taken the child and is refusing to return them at the end of parenting time
- A parent is threatening to take the child out of BC or to another country
- A child has disclosed abuse or neglect occurring in the other parent's home
- Credible evidence of family violence that puts the child at immediate risk
- A parent is in acute addiction or mental health crisis affecting child safety
What the Application Looks Like
A without-notice application requires:
1. Affidavit evidence — a sworn statement setting out in specific detail why the emergency exists and why notice cannot be given
2. Draft order — the exact order you want the court to make (temporary parenting arrangements, restrictions on travel, etc.)
3. Filing in the appropriate court — BC Supreme Court (if you are married or already have a Supreme Court file) or Provincial Court (for unmarried parents or existing Provincial Court files)
A judge reviews the materials — often the same day they are filed — and decides whether to grant the order.
What Happens After the Emergency Order Is Granted?
An emergency order is temporary. It typically expires after 7–14 days (or when a "return date" is scheduled). At the return date:
- The other parent is notified and has an opportunity to respond
- Both parents appear before a judge
- The judge decides whether to continue, modify, or cancel the emergency order
- A schedule for further proceedings is set
You must be prepared to present your evidence again at the return date with the other parent present.
What Courts Will Not Do
Courts treat without-notice applications carefully because they are one-sided — the other parent has not had a chance to respond. Judges will not grant them based on:
- General concern about the other parent's parenting
- Disagreements about parenting style
- A desire to get a tactical advantage in ongoing family law proceedings
- Anger or suspicion without specific evidence of immediate risk
Misusing the without-notice process — applying for strategic rather than genuinely urgent reasons — can seriously damage your credibility in the broader family law proceeding.
International Child Abduction: Hague Convention
If a parent has taken a child out of Canada (or is threatening to), BC is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which provides a mechanism to secure the return of children taken to other signatory countries. Contact a lawyer immediately if international abduction is a concern.
Practical Steps If Your Child Has Not Been Returned
If your child was not returned at the end of scheduled parenting time:
1. Document the missed return time and all communication attempts
2. Contact the police — if a parenting order is in place, police can enforce it
3. Call a family lawyer immediately — a without-notice application may be the right next step
4. Contact the Missing Children Society of Canada if you believe the child has been taken across a provincial or international border
Sea to Sky Law Can Help
Andrew Liggett BA JD CD has represented parents in urgent parenting applications across BC for over 35 years. If your child is at risk and you need to act fast, contact us for an urgent consultation.
Yes. BC courts can make a without-notice (ex parte) order under the Family Law Act if there is an immediate risk to the child and giving notice would increase that risk or there is no time to serve the other parent first.
Often the same day the application is filed, or within 24–48 hours. The judge reviews the affidavit evidence and, if satisfied, grants a temporary order without a hearing involving the other parent.
The order is temporary. The other parent is notified, and both parties attend a return date (usually within 7–14 days) where the judge decides whether to continue, change, or cancel the emergency order.
If you have a parenting order, contact police immediately — they can enforce a court order. Whether or not you have an order, contact a family lawyer right away to file an emergency application. Document all communication attempts in the meantime.
When a child's safety is at immediate risk, a parent or guardian may ask the court for an urgent order about where the child lives and who can see them. These applications are reserved for genuine emergencies and are decided on an expedited basis.
The court looks for evidence of immediate risk, such as threats, violence, substance use that endangers the child, or a parent taking a child out of the province. A short, factual account, with any supporting messages, photos, or police file numbers, helps the court understand the urgency.
If you are in a dangerous situation right now, contact emergency services first. For legal guidance, a phone or secure video consultation can help you understand what to prepare and what happens next.