In a family court matter regarding custody of the complainant’s son, a judge heard an emergency ex parte motion (an emergency motion without notice to the other party) brought by the son’s mother.

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In a family court matter regarding custody of the complainant’s son, a judge heard an emergency ex parte motion (an emergency motion without notice to the other party) brought by the son’s mother. The complainant, the father, felt that the motion was illegal and should have never been heard because he felt an emergency ex parte motion regarding “Christmas access” is not allowed, and that the judge had no right to hear it. The complainant also felt that the judge ignored the fact that he was never contacted by the mother or her lawyer regarding the ex parte motion and that the judge was confused by the facts presented by the mother, but preferred to simply grant the baseless motion rather than questioning her. The complainant mentioned that he had only encountered prejudice as a father and as a self-represented individual.

The Council reminded the complainant that family law matters provide significant challenges for all involved and often difficult decisions have to be made in the best interest of the child. However, the Council concluded that the issues raised by the complainant did not relate to its mandate under the Judges Act and the matter was closed.

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