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 Intervention Orders (EIOs)
If the immediate danger involves family violence, New Brunswick's Intimate Partner Violence Intervention Act provides a fast-track mechanism: the Emergency Intervention Order (EIO).
An EIO application may be made without notice to a Hearing Officer by a victim of intimate partner violence, or by an authorized person acting on the victim's behalf with the victim's consent. The application may be made by telecommunication.
An EIO can include provisions that:
- Grant the applicant temporary exclusive occupation of the residence
- Prohibit the respondent from contacting or approaching the applicant and children
- Grant temporary custody of the children to the applicant
- Direct a peace officer to seize weapons
- Direct police to accompany the applicant to retrieve personal belongings
EIOs are temporary and may be made for up to 180 days. The respondent must be served and can challenge the order through the statutory process. If the safety concerns persist, the protected parent may need a longer-term parenting or restraining order.
Interim Parenting Orders
Outside the EIO 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 case is handled through the Rule 81 process, and the Case Management Master can issue interim orders.
In Other Judicial Districts (standard Family Division process)
Parents should contact the local Family Division registry about the urgent motion procedure and any request for shortened or no notice. The court controls whether an urgent motion proceeds that way and what follow-up process applies.
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.
Free Download
Get the New Brunswick — Parenting Plan Starter Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
What You Need to Prepare
Whether you're seeking an EIO 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 Rule 73 standalone parenting applications, Rule 72 divorce proceedings, and Rule 81 court matters. 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.
Get Your Free New Brunswick — Parenting Plan Starter Checklist
Download the New Brunswick — Parenting Plan Starter Checklist — a printable guide with checklists, scripts, and action plans you can start using today.