When separated couples cannot resolve parenting or financial disputes through mutual agreement, they can apply for interim orders in the Federal Circuit and Family Court of Australia (FCFCOA).
Interim orders are temporary court orders. Judges issue interim orders as a matter of urgency to manage parenting and property arrangements while parties wait for a final hearing.
Although interim orders are temporary, you must understand your rights and entitlements before applying. Interim decisions often establish a status quo that can influence your long-term legal outcome.
What Are Interim Orders?
Litigants face waiting periods before reaching a final trial where judges issue permanent orders. Consequently, parties rely on interim orders to resolve immediate, pressing issues, primarily regarding child welfare and safety.
In property matters, courts rarely grant interim orders unless urgent circumstances require immediate intervention. For example, an interim property order can decide which partner continues living in the former matrimonial home.
We strongly recommend speaking with an experienced family lawyer to receive legal advice tailored to your personal situation.
How Do You Apply for Interim Orders?
Before filing a parenting application under the Family Law Act 1975 (Cth), parties must attempt Family Dispute Resolution (FDR) with an accredited mediator. Mandatory mediation does not apply if a history of family violence or child abuse exists. If mediation fails or a party refuses to attend, the practitioner issues a Section 60I Certificate through Family Relationships Online services, allowing you to file court proceedings.
When applying for interim parenting orders, you must submit an Affidavit, a Notice of Risk, and your Section 60I Certificate with your Initiating Application.
If you seek financial interim orders, you must submit an Affidavit alongside a formal Financial Statement.
You must also pay a court filing fee when lodging your application.
Courts usually schedule interim hearings within two to three months after a party files an Initiating Application.
If the other party files for an interim order first, you can file your own application by submitting a Response. Filing a Response places you on equal procedural footing with the applicant.
Parties also use interim hearings to seek specialised court directives, such as:
- Drug and alcohol testing requirements;
- Recovery orders to return a child;
- Injunctions restraining specific disruptive behaviours; or
- Appointing an Independent Children’s Lawyer (ICL) to represent the child’s interests.
Preparing an application for interim orders requires significant preparation. To ensure your evidence meets court standards, consult our legal team before drafting your affidavits.
What Happens During an Interim Hearing?
During interim hearings, judges do not resolve disputed factual claims because parties cannot cross-examine witnesses. Instead, judges base interim orders on the application forms, written affidavits, expert reports, and legal arguments presented by counsel. Interim hearings usually conclude in under two hours.
An interim parenting order may specify:
- Which parent the children will reside with;
- How much time the children spend with each parent, grandparents, or extended family;
- How parents exercise parental responsibility;
- How children communicate with the non-resident parent; and
- Any other urgent matter concerning the care, welfare, and development of the children.
Under Australian law, judges prioritise the best interests of the child above all other considerations.
An interim property settlement acts as an advance payment on your final asset distribution. Interim property orders release funds to a party post-separation. A party can use these funds to buy a home, purchase a car, cover legal fees, or manage day-to-day living costs. Remember that the court deducts any interim money released from your final property settlement allocation.
Conclusion
Interim orders provide immediate relief for separated couples navigating urgent parenting and financial issues. At the final trial, the court reviews all cross-examination testimony before issuing final orders.
Because family court delays can extend for months, interim orders often remain active for a long period. These temporary arrangements can shape the court’s final decisions. Engaging a qualified family lawyer ensures your case receives proper care and preparation before your interim hearing.
If you need assistance with an interim application or family law matter, please contact our legal team on 02 9792 8413 or email [email protected].