Child Custody Law: Interim Hearing Process

You can apply to the court for child custody or parenting arrangement orders by consent. This is when you and your former partner can agree on arrangements. Alternatively, the court can decide based on the children’s best interests at a Final Hearing. A Final Hearing is the final determination of the case by a Judge.

However, the court can conduct an Interim Hearing if urgent matters cannot wait until a Final Hearing. Preliminary or ‘short-term’ orders can be made at an Interim Hearing Family Court. These preliminary orders generally stay in place until the court decides (after a Final Hearing).

An Interim Hearing is held in parenting matters to ensure suitable arrangements for the children until the Final Hearing. The Final Hearing may occur months after the Interim Hearing.

Interim Hearings are shorter than Final Hearings. The judge decides using written affidavits and oral submissions from witnesses, the party, or their legal representative. The court will consider:

• any risks posed to the children
• what were the arrangements for the children during the parents’ relationship
• the current circumstances of the parents.

After an Interim Hearing is conducted, the court will hand down its decision (usually, but not always, on the same day) and will make Interim Orders.

Interim Orders usually stay in place until all parties agree on Final Orders, or the family court conducts a Final Hearing (whichever comes first).

Call our team of child custody lawyers in Cairns now for a free over-the-phone or face-to-face consultation.

What to expect at an Interim Hearing

Prior to the Interim Hearing – before the Interim Hearing can occur both parties are required to file an application for the hearing. It is essential to ensure you seek legal advice before filing an application.

At the Interim Hearing – your legal representative will deliver an opening statement outlining what you hope to achieve. A list of objections will also be presented. This is a critical part of the process, ensuring the judge understands what you are seeking.

Parties will be invited to present their documents, such as financial statements, affidavits and evidence. Oral submissions can be made to clarify your position and request specific orders.
An interim Hearing does not allow cross-examination, a key difference from a Final Hearing. The judge relies purely on the documents and submissions made. This is why seeking legal advice before filing an application is essential.

Judge’s decision—After the hearing, the judge will consider the submissions made, bearing in mind any urgency relating to the matters presented. The judge will issue an Interim Order, which could affect child custody and child support arrangements.

Post Hearing – both parties must comply with the orders made by the judge. Any failure to comply could negatively impact the outcome of the Final Hearing.

For a free face-to-face or over the phone consultation and to protect your interests, contact our divorce lawyers today.