Family Law Services

Urgent Family Court Applications in BC

When a Family Law Problem Cannot Wait

If you or your children are in immediate danger, call 911 first. The courts can move fast, but the police can be there in minutes.

Most family court applications run on a set schedule. Documents are filed, served, and heard weeks later. Some situations cannot wait that long: threats of violence, a spouse about to empty an account or sell property, or a child who has been taken or not returned. British Columbia law has tools built for exactly these moments, including protection orders made without notice, hearings moved up on short notice, and orders that freeze property in place.

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. Family law is the only kind of law we practise, and we serve clients in English and Punjabi. When a call is urgent, we treat it that way. Anything you share with us stays confidential, including the fact that you reached out at all.

Call (778) 381-9977 or Book Now for a Free Consultation.

Protection Orders Without Notice

When safety is the issue, Part 9 of the Family Law Act is the starting point. A court may make a protection order against a family member if family violence is likely to occur and another family member is at risk (s. 183(2)). Under section 186, the application may be made without notice. That means the court can make the order before the other person is told anything, which matters when giving notice could itself create danger. If an order is made without notice, the person it is made against can apply to set it aside or to change it (s. 186(2)), so the order is not the end of the process, but it puts protection in place first.

Our protection orders page explains what these orders can say and how they are enforced, and our plain-language guide to family protection orders walks through the process step by step. For the wider picture of how family violence affects a family law case, see our family violence services.

Urgent Hearings on Short Notice

Not every urgent problem is about safety. Sometimes you need an interim order about parenting, support, or the family home before the normal timeline would ever get you in front of a judge. In the BC Supreme Court, an ordinary chambers application must usually be served at least 8 business days before the hearing (Supreme Court Family Rules, Rule 10-6(7)(a)).

Rule 10-9 is the urgency valve. In case of urgency, a person can apply for an order that the main application be heard on short notice. That request is made by requisition in Form F32.01, without notice and in a summary way, and the usual time limits do not apply to it. The court or a registrar can order that the main application be heard on short notice, fix the hearing date and time, and set deadlines for serving the documents (Rule 10-9(4)).

In a true emergency, the court can go further and make an order entirely without notice (Rule 10-9(6)). Whoever obtains that order must promptly serve the entered order and the supporting documents on everyone affected (Rule 10-9(7)), and an affected person can apply to change or set the order aside (Rule 10-9(8)). Urgency speeds up the hearing; it does not remove the other side's right to be heard.

Freezing and Protecting Property

If you are worried a spouse will sell, move, or hide property before your claim is decided, section 91 of the Family Law Act is the tool. On application by a spouse, the Supreme Court must make an order restraining the other spouse from disposing of any property at issue under the property division or pension division parts of the Act, until or unless the other spouse establishes that the claim will not be defeated or adversely affected by the disposal (s. 91(1)).

The court can also make orders for the possession, delivery, safekeeping, and preservation of property, and orders prohibiting a spouse from transferring or converting property in which you may have an interest (s. 91(2)). Importantly, the court may make a section 91 order before notice of the application is served on the other spouse (s. 91(3)). How the property itself gets divided later is covered on our property division page.

If Your Child Has Been Taken or Not Returned

A child wrongfully removed from British Columbia, kept past the end of agreed parenting time, or taken to another country is its own kind of emergency, with its own legal tools in BC and under the Hague Convention. Time matters enormously in these cases. We cover the whole topic, including what to do in the first hours and days, on our child abduction and Hague cases page.

Frequently Asked Questions

Can I Apply Without Telling My Spouse First?

Sometimes, yes. Protection order applications under Part 9 of the Family Law Act may be made without notice (s. 186), the Supreme Court can make urgent orders without notice under Rule 10-9(6), and property protection orders under section 91 can be made before notice is served. Courts treat without-notice orders carefully, and the other person can apply to set them aside, so honest and complete evidence is essential.

How Fast Can an Urgent Family Court Application Be Heard in BC?

It depends on the court, the registry, and the urgency. Under Rule 10-9, the court or a registrar can order that an application be heard on short notice and can fix the hearing date, so the usual notice period does not control the timeline. A lawyer can tell you what is realistic for your situation after hearing the facts.

What Happens After a Without-Notice Order Is Made?

The order must be served promptly on everyone affected, along with the documents filed in support. The other person can then apply to change or set the order aside, and the court decides the issue with both sides present. The order stays in force unless and until a court changes it.

Talk to a Surrey Family Lawyer Today

If your situation cannot wait, do not wait to get advice. The first 30 minutes are free, in English or Punjabi, by phone, video, or in person at Suite 201, 3108 Croydon Drive in South Surrey.