Emergency Custody Orders in New Brunswick: How to Get One and What to Expect

When a child is at immediate risk of harm, the standard family court timeline — which can stretch over weeks or months — isn't fast enough. New Brunswick provides emergency legal mechanisms to protect children in urgent situations, but the threshold for obtaining one is deliberately high. Courts reserve emergency powers for genuine crises, not for gaining tactical advantage in a parenting dispute.

When an Emergency Order Is Appropriate

An emergency order is appropriate when waiting for a regular court hearing would expose the child to serious harm. Situations that typically justify emergency intervention include:

• Physical abuse or threat of physical harm to the child
• Imminent abduction risk — one parent is credibly planning to leave the province or country with the child without consent
• Exposure to active family violence in the household, including the child witnessing serious abuse
• Severe neglect — the child is living in conditions that pose immediate health or safety dangers
• Substance abuse crisis — the parent with care of the child is in an active addiction crisis that renders them unable to provide safe supervision

Courts distinguish between genuine emergencies and urgent-but-not-emergency situations. Disagreements about parenting schedules, unhappiness with the other parent's household rules, or concerns about a new partner do not typically meet the emergency threshold. Filing an emergency application without genuine grounds can damage your credibility with the court and result in cost consequences.

Emergency Protection Orders (EPOs)

If the immediate danger involves family violence, New Brunswick's Intimate Partner Violence Intervention Act provides a fast-track mechanism: the Emergency Protection Order (EPO).

An EPO can be obtained outside regular court hours — including evenings, weekends, and holidays — by contacting a designated judge or justice of the peace by telephone. A police officer, victim services coordinator, or the affected parent can initiate the process.

An EPO can include provisions that:

• Grant the applicant exclusive possession of the family home
• Prohibit the respondent from contacting or approaching the applicant and children
• Grant temporary custody of the children to the applicant
• Require the respondent to surrender weapons
• Direct police to accompany the applicant to retrieve personal belongings

EPOs are temporary — they typically last up to 30 days and must be reviewed by a Court of King's Bench judge within a short period. The respondent has the right to request a hearing to challenge the EPO. If the safety concerns persist beyond the EPO period, the protected parent must file a formal application for a longer-term parenting or restraining order.

Interim Parenting Orders

Outside the EPO framework, parents can seek interim (temporary) parenting orders through the regular family court process on an urgent basis. The procedure depends on your judicial district:

In Saint John and Moncton (Rule 81 Districts)

Parents file an application (Form 81A) with an affidavit (Form 81B) detailing the emergency circumstances. The Triage Coordinator can expedite the file for an urgent hearing before the Case Management Master, who has authority to issue interim orders.

In Other Judicial Districts (Rule 72)

Parents file a Notice of Motion supported by an affidavit setting out the emergency. The motion can be brought on shortened notice — meaning the other parent receives less than the standard notice period — with the court's permission. In extreme circumstances, the motion can be brought without notice (ex parte), though the court will schedule a follow-up hearing promptly so the other parent can respond.

What Interim Orders Can Include

An interim parenting order can address:

• Where the child will live pending the full hearing
• Which parent has decision-making responsibility on a temporary basis
• Supervised parenting time arrangements for the other parent
• Restrictions on removing the child from the province
• Requirements to surrender the child's passport

Interim orders remain in effect until the court makes a final parenting order or the parties reach a signed agreement. They are not a determination of the final outcome — the court makes interim decisions based on limited evidence and the immediate best interests of the child.

What You Need to Prepare

Whether you're seeking an EPO or an urgent interim order, the strength of your application depends on your evidence. Before filing, gather:

• Police reports documenting any incidents of violence, threats, or criminal charges
• Medical records showing injuries to the child or parent
• Text messages, emails, or voicemails containing threats or evidence of unsafe behaviour
• Photographs of injuries, unsafe living conditions, or property damage
• Witness statements from people who observed the concerning behaviour
• Records of prior court orders, peace bonds, or undertakings that have been breached

Courts take emergency applications seriously, and the evidence must support the urgency. Vague allegations without documentation are unlikely to succeed, especially for without-notice applications where the other parent hasn't had a chance to respond.

After the Emergency Order

An emergency order buys time — it doesn't resolve the underlying parenting dispute. Once the immediate crisis is stabilized, you'll need to either negotiate a permanent parenting arrangement or proceed through the full court process.

The New Brunswick Child Custody & Parenting Plan Guide walks you through building a comprehensive parenting plan, including safety provisions for high-conflict situations, supervised access protocols, and step-by-step filing instructions for both Rule 72 and Rule 81 court tracks. Having a structured plan ready after an emergency order positions you to move quickly toward a stable, long-term arrangement.

If family violence is involved, contact a transition house or victim services agency for safety planning support alongside your legal steps. In an immediate emergency, call 911.

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