Examples of Family Law Emergencies

The case:

A young couple with a child were separating. The mother had been the primary caregiver. The husband displayed violent and aggressive behaviour on several occasions, and threatened to unilaterally remove the child from the mother's care.

The emergency:

To prevent removal of the child from the primary caregiver, an order was obtained by Cusack Legal Services on an emergency motion giving the mother interim custody of the child and prohibiting the child's removal from the jurisdiction.

The case:

A young couple with a child were separating, and had been engaged in negotiations with respect to the issues arising out of the separation. The wife had retained the services of a junior lawyer who brought a motion without notice to the husband, seeking interim custody of the child. The court was not advised of the negotiations and other relevant facts.

The emergency:

The interim custody order was granted to the wife, but the matter was to be returned to court a week later. The husband retained Cusack Legal Services, affidavit evidence was prepared and filed on his behalf, and when the matter returned to court the following week the interim custody order was set aside.

The case:

A young couple with three children had separated and were engaged in divorce proceedings. They had attempted to negotiate a settlement of the property and financial issues, but negotiations had not been completed.

The emergency:

The wife, relying on promises made by the husband about the division of assets and payment of money to her, entered into an Agreement of Purchase and Sale for a home. As the closing date for the purchase approached, the husband refused to comply with the promises he had made. On an emergency motion, Cusack Legal Services obtained an order requiring the husband to provide the funds he had promised so that the wife could complete her purchase.

The case:

A middle-aged couple with two children were separating. The wife's lawyer prepared an urgent motion to be heard on Monday morning, seeking an interim custody order. The husband was served with the motion materials on Friday afternoon.

The emergency:

Throughout the weekend, Cusack Law Offices met with the husband, assembled affidavit material and prepared to argue the motion. The husband's responding materials were served on the wife's lawyer on Monday morning, at the court house. The motion collapsed, the husband obtained interim custody and ultimately was awarded sole custody.

The case:

A young couple with one child had separated and gone through bitter divorce proceedings that included a prolonged custody battle. The child was in the wife's custody in Ontario, and the husband had moved to another province. The wife failed to provide proper care for the child, so the child was removed from her home by the Children's Aid Society.

The emergency:

The Children's Aid Society asked the court to declare the child to be in need of protection. Cusack Legal Services was retained by the father on short notice to obtain custody of the child. An interim order was obtained placing the child in his care under the supervision of the Children's Aid Society in the province where the father resided. In due course, the father was granted sole custody.

The case:

A young couple with several children had separated and gone through bitter divorce proceedings that included property and support issues and a custody battle. A settlement had been reached, allowing the wife to retain the matrimonial home if she paid the husband a specified amount of money by a fixed date. She paid part of the money before the deadline, but was unable to pay the rest of the money on time; however, she arranged new mortgage financing and was in a position to pay the balance of the money a few days after the deadline. The transfer of title had to be completed in order for the wife to get the new mortgage into place.

The emergency:

The husband refused the additional payment — he said the wife had failed to comply with the settlement agreement and was not entitled to retain the house. He attempted to keep the money that she had already paid him and force the sale of the house, with the sale proceeds to be split between them. On an emergency motion brought by Cusack Legal Services, the court ordered the husband to accept the balance of the payment and complete the transfer of title to the wife.

The case:

A young couple had separated and were engaged in divorce proceedings. The matrimonial home was listed for sale. The husband continued to live in the home, but the wife had moved out. The wife and the real estate agent complained that the husband was frustrating efforts to sell the house by allowing it to remain dirty and in disrepair, and by refusing to accommodate requests for showings.

The emergency:

On an emergency motion brought by Cusack Legal Services, the court ordered the husband to vacate the home and gave the wife authority to conduct the sale of it.

The case:

A middle-aged woman who had been a client of Cusack Legal Services for several years, and her fiancé required assistance with two urgent matters. She had suffered severe physical injury in a motor vehicle accident years earlier, and had received a substantial monetary settlement as a result of the accident. The fiancé had been separated for years and had started divorce proceedings, but had not completed the process.

The emergency:

A date had been set and arrangements had been made for the wedding. The woman insisted on having a signed prenuptial agreement prior to their impending marriage, and the fiancé had to complete his divorce so that he would be entitled to re-marry. In just over 1 week, Cusack Legal Services prepared the draft prenuptial agreement, ensured that the fiancé obtained independent legal advice before signing it, and coordinated completion of the contract. Then, on an urgent motion, Cusack Legal Services also obtained a divorce judgment on behalf of the fiancé so that he was free to marry.