When Is an "Urgent Application" Actually Urgent?

Not every serious family-law problem qualifies for urgent court intervention. Family proceedings normally move through an established process. But some circumstances cannot reasonably wait weeks or months — particularly where there may be an immediate risk to a child, a party, or important property.

What an urgent application is

An urgent application asks the court to deal with an issue on an accelerated basis. The urgency must be supported by the circumstances rather than simply by how strongly one party feels about the dispute.

Circumstances that may justify urgent attention

• A real risk to a child's safety or well-being;
• A credible threat of a child being removed from the province or country without consent;
• Family violence or threats of harm;
• A real risk that property will be sold, transferred, hidden, or destroyed before it can be divided; or
• Other situations where waiting would cause harm that cannot be undone.

What usually is not urgent

Disagreements about ordinary parenting schedules, missed exchanges, or financial disputes that can be dealt with later are often important — but they are not necessarily urgent. Bringing a non-urgent matter as urgent can harm credibility and may expose a party to costs.

Other emergency tools

In situations of family violence, Alberta's Protection Against Family Violence Act provides for Emergency Protection Orders, which can be sought quickly. Police should be contacted where there is immediate danger.

If you are unsure whether your situation is urgent, speak with our team promptly so the right process can be chosen.