Cannot Wait for the Court’s Decision? Interim Orders Can Solve Immediate Problems

Interim orders are temporary court decisions made during the course of a case. They exist to answer urgent questions that arise long before a final hearing. Where will the children live during proceedings? What protections are available when safety is at risk? For those facing violence or intimidation, interim orders can also restrict contact, provide safe living arrangements, and limit exposure to further harm. For property, how will expenses be paid? Who will live in the house? Stopping the disposal of assets. These are just some of the matters the court can address through interim measures. 

Although interim orders are not final, they create structure at a time when circumstances may be unstable. They help manage parenting schedules, financial support, and protective arrangements while the full case is still being prepared. In doing so, they reduce uncertainty and allow daily life to continue under clear legal guidance. 

This article outlines how interim orders work, who can apply, what issues they can address, and how the court makes decisions at this early stage. It also explains what to expect from the process, how long these orders may last, and what to keep in mind before making an application.  

Who Can Apply and Under What Circumstances 

Interim orders may be requested by any party involved in a family law matter, as part of commencing court proceeding or during existing proceedings. This can include parents, former spouses or de facto partners, and legal guardians. In some situations, grandparents or other relatives may also apply, especially if they have played a significant role in a child’s care. Individuals experiencing domestic violence may also seek interim orders to secure urgent protection and establish clear legal boundaries during a time of risk. 

Interim orders are not granted in isolation, they can only be made as part of ongoing court proceedings. They are made within the framework of a broader case, until the Court can consider what final orders are appropriate at a final hearing.  

What Interim Orders Can Cover 

The most common types of interim orders relate to parenting, financial arrangements, and personal protection. Parenting orders may set out where a child will live and how much time they will spend with each parent. Financial orders may require temporary payments or prevent one party from dealing with property in a way that could affect the outcome of the case. Protection orders can restrict contact or prohibit certain behaviour to ensure safety. 

The court has discretion to tailor interim orders to the needs of the case. While the categories are broad, the orders themselves are specific, enforceable, and time-sensitive. 

Summary of Common Interim Orders 

The Application Process: What to Expect 

Applying for interim orders involves a formal legal process. While the steps are straightforward, the court expects each stage to be approached with care and accuracy. A well-prepared application helps ensure that the matter is dealt with efficiently and that the court has the information it needs to make a fair and timely decision. 

Steps in Applying for Interim Orders 

1. File the required documents.
   Begin by submitting an Initiating Application, or an Application in a Case if proceedings have already commenced. An Application for a Protection Order may be required if there is concerns regarding domestic and family violence. These documents must clearly describe the interim orders being sought and explain why they are necessary.  
2. Prepare a detailed affidavit.
   The affidavit serves as the primary evidence for the application. It should present relevant facts, describe any urgent issues or risks, and support the need for short-term legal arrangements. As interim hearings are decided without oral evidence, the affidavit must be thorough, well-organised, and clearly written. 
3. Request urgent listing, if required.
   If the situation is time-sensitive, include a request for urgency and explain the reasons in the affidavit. Justifications may include risks to safety, financial hardship, or disruption to a child’s routine. If the court accepts the urgency, it may set the matter down for hearing on short notice. Otherwise, the application will follow the court’s standard case management process. 

Interim hearings are usually short and based entirely on the written material submitted. The judge or registrar considers the documents, listens to legal submissions, and makes a decision based on the available information.  

What the Court Considers Before Making a Decision 

When deciding whether to grant interim orders, the court examines the evidence presented in the application and supporting affidavit. The judge is not required to make findings of fact but must be satisfied that the proposed orders are appropriate and justified in the current circumstances. 

In parenting matters, the court prioritises the best interests of the child. This includes maintaining meaningful relationships, protecting against harm, and preserving stability in daily life. If concerns around safety or disruption are raised, the court may make protective arrangements while deferring more complex questions to a final hearing. Interim parenting orders are often cautious in design to reduce risk while allowing contact to continue where safe and appropriate. 

In financial and protection matters, the court looks at immediate need, proportionality, and any risk of harm or injustice. The goal is to preserve, balance, and prevent irreversible outcomes. For example, an interim financial order may ensure basic expenses are covered, or an injunction may prevent the sale of a disputed asset. Each order must be supported by facts that show it is necessary and fair at this stage of the case. 

After the Interim Order Is Granted 

Once an interim order is made, it takes immediate effect. The parties involved are legally required to comply with its terms. This may include following a parenting schedule, making specified financial payments, or refraining from certain behaviour. The order remains active until the court issues a new order, resolves the case at a final hearing, or agrees to vary or cancel the order due to a change in circumstances. Depending on the complexity of the case and the court’s schedule, they may last for several months. 

Non-compliance with an interim order can lead to serious consequences. The affected party may seek enforcement or file a contravention through the court, which could result in penalties or adverse findings at the final stage of the proceedings. In parenting matters, repeated breaches may influence the court’s view of a party’s willingness or ability to support the child’s welfare. In protective matters, violations may place the respondent at risk of further legal restriction or criminal liability. 

After interim orders are granted, the court process continues. The parties may be directed to attend mediation, submit or obtain further evidence, or prepare for trial. In some cases, interim orders help reduce conflict and allow the parties to reach agreement without proceeding to a final hearing. Where settlement is not possible, the interim arrangements provide structure while the case moves forward. 

Situational Questions About Interim Orders 

Understanding the legal process is important, but many people still have situational concerns once they learn how interim orders work. This section addresses some of the most common questions that arise when considering or dealing with interim arrangements. 

Can I still apply if the other party has not responded to the case? 

Yes. The court can make interim orders even if the other party has not yet responded, provided they have been properly served. The court will base its decision on the material available and may proceed without waiting for a response if the situation requires urgent action. 

What if both parties apply for different interim orders? 

This situation occurs when each party files their own version of what they believe should happen. The court will consider both applications together and assess which proposals are supported by stronger evidence and better align with the child’s welfare, fairness, or safety. The judge may accept parts of each proposal or issue an entirely different order based on the facts. 

Can interim orders be made by consent? 

Yes. If both parties agree on the temporary arrangements, they can ask the court to make interim orders by consent. This often happens after initial negotiations or with the help of legal representatives. The court will still review the terms to ensure they are in the child’s best interests where applicable or appropriate in the circumstances. 

What if circumstances change before the interim hearing takes place? 

If something important changes after filing but before the hearing, such as a parent relocating, a new safety concern, or a breakdown of temporary arrangements, the an application in a case can be filed to bring the matter back before the court and seek new or different interim orders. Updated information may affect how the court approaches the interim order or whether the hearing needs to be brought forward. 

Key Considerations Before Applying 

Applying for interim orders is a serious legal step. Although the process is designed to offer timely relief, it also carries responsibilities. The court expects applicants to approach the process with careful preparation and genuine need. Rushed or poorly supported applications may be rejected or lead to unintended consequences in the broader case. If you are unsure how to proceed, seeking timely legal advice can make a significant difference. 

Key Points to Keep in Mind When Considering Interim Orders 

• Interim orders are temporary measures designed to manage risk, preserve routine, or maintain fairness while a case is pending. 
• The strength of the affidavit and the clarity of the application often determine the outcome more than the urgency alone. 
• Courts are cautious when asked to intervene early, especially in parenting matters, and generally avoid making disruptive changes without clear justification. 
• Strategic use of interim orders can reduce conflict and prevent harm, but they are not a shortcut to a final outcome or complying with the Court’s pre-action procedures (unless in the event of urgency). 
• Each application should reflect a clear understanding of what is appropriate during this stage of the legal process. 

Before seeking interim orders, it is important to consider the urgency, the quality of available evidence, and the likely response from the other party. Interim orders are meant to address immediate concerns that cannot be left unaddressed. A thoughtful application can help reduce tension and provide structure while the full matter is still being prepared. If you believe your situation may require urgent intervention, our team can provide guidance tailored to your circumstances.