An ‘emergency’ variation application may be filed when there is a likelihood of danger to those involved, either one of the parties or a child. For example, if there is a risk of violence or immediate harm, or the child is on the way to the airport and may be taken out of the country, this may be considered an ‘emergency.’ A court officer will review your file as quickly as possible after you file your documents, and will ask a judge to decide whether your situation will be treated as an emergency.
An ‘urgent’ application may be filed when your situation is not an ‘emergency,’ but may be time-sensitive, or needs to be heard quickly because of special circumstances. A judge or court officer will decide whether your situation will be treated as urgent.
In these situations, you will file the same documents as for any variation application. You will also have to file an affidavit. In the affidavit you must outline facts about the nature of the urgency or emergency, including:
- what has happened
- why you feel it is urgent or an emergency
- how quickly you are asking for the issue to be dealt with and why, and
- what order you are asking for.
It may also be helpful for you to include a short cover letter with your urgent/emergency variation application briefly explaining to the court why you consider your situation to be urgent or an emergency. Expand on this information in your affidavit. For more information about urgent/emergency applications, click here.