If you have an issue that requires a court order, it will be necessary for a court application to be drafted, filed in court & served on the opposing party. At the hearing of the application, the presiding judge will make his or her decision based upon the balance of the evidence presented in court either by way of testimony of and cross examination of witnesses or written testimony contained in sworn affidavits (depending upon the type of hearing). There are various rule regarding the timelines required ( # of days between filing, serving court documents and the date of the actual hearing. In urgent circumstances a Judge can grant an order without service having occurred, or upon substituted service, or can shorten the time periods normally required in order to allow a hearing to take place earlier than the normal rules require.
At a free initial consultation with one of our Surrey Divorce lawyers or Vancouver Family Law lawyers, we can advise you as to the likelihood of your application being granted and whether there is a sufficient factual basis or necessity for your application to proceed on an urgent basis.