What is an ex parte order?

In certain circumstances, a party can request an ex parte order from the courts by bringing an ex parte motion. In Latin, ex parte literally means "from one party."

This type of motion is requested by one of the parties, without notice to the other party involved. The opposing party usually only hears about an order granted after it is already being enforced.

Ex parte orders are usually only granted in response to extreme situations and in circumstances when an immediate temporary order is necessary.  Often, these orders are sought when an immediate decision is necessary in order to protect a child or for the moving party's own protection.

When a party brings an ex parte motion, the situation is presented only from the point of view of the party who is requesting the order. Accordingly, only the moving party's version of the facts will be presented to the judge, without the judge hearing both parties’ perspectives and both sides of the story.

The onus in on the party bringing the ex parte motion to convince the judge that it is imperative that the requested order be granted. It is important to present all the facts of the case and not to conceal anything relevant to the issue. If a deliberate attempt to conceal a relevant fact is brought to the attention of the courts, the moving party will lose credibility and the ex parte order may be immediately overturned.

When a judge issues a temporary order on an ex parte motion, the issue must return to court within 14 days so that the opposing party's position can be heard and a decision on the issue can be made. That being said, ex parte motions will often be required to return to court earlier than the 14 day limitation period.

For more information on ex parte orders, ex parte motions, and for assistance with any aspect of your family law situation, contact Krol & Krol at 905.707.3370 to schedule a consultation with one of our experienced Toronto family lawyers.