Separated couples who cannot resolve parenting or financial matters through agreement can apply for interim orders in the Federal Circuit Court. In some complex cases, they may apply in the Family Court.
Interim orders are temporary orders. Courts usually make them urgently. They remain in place until the final hearing.
Even though they are temporary, interim orders can shape outcomes. They may set a status quo for parenting or financial arrangements. For this reason, you should understand your rights early.
What are interim orders?
Parties apply for interim orders when they face delays before a final hearing. Final hearings can take 12 months or more.
Courts use interim orders mainly for urgent parenting issues. Financial interim orders are less common unless urgency exists.
For example, a court may decide who stays in the family home after separation.
We recommend speaking with a family lawyer to understand your options.
How do I get interim orders?
Parents must first try Family Dispute Resolution (FDR). This requirement applies unless there is family violence or child abuse.
If FDR fails or the other party does not participate, you may apply for interim orders.
For parenting applications, you must file:
- An affidavit
- A Notice of Risk
- A Section 60I certificate
For financial orders, you must file an affidavit and a Financial Statement.
You must also pay a court filing fee.
Courts usually list interim hearings within 2–3 months of filing.
If the other party files first, you can respond with your own application. This places both parties on equal footing.
Interim hearings may also deal with:
- Drug testing orders
- Recovery orders
- Behaviour restraints
- Appointment of an Independent Children’s Lawyer
Preparing an interim application requires care. A family lawyer can help ensure your documents and affidavit are correct.
What happens during an interim hearing?
Courts do not test evidence by cross-examination at interim hearings. Judges rely on affidavits, reports, and written submissions.
Hearings usually run for under two hours unless the matter is complex.
Parenting interim orders may decide:
- Where children live
- Time spent with each parent and others
- Parental responsibility arrangements
- Communication between children and parents
- Any other welfare or development issues
The court always focuses on the best interests of the child.
Financial interim orders may provide access to funds before final settlement. A party may use these funds for living expenses, legal costs, or urgent needs.
However, the court treats these funds as part of the final property pool. The final settlement adjusts for any advance received.
Key considerations
Interim orders provide a temporary solution while family law matters proceed to final hearing. Courts review all evidence and make final orders later.
Parents must attempt ADR before filing parenting applications, unless an exemption applies.
Because delays are common, interim orders can remain in place for long periods. They may also influence final outcomes. For this reason, legal advice is important before applying.
If you need advice, contact us on (03) 9422 5439 or email [email protected].