Interim Orders in Family Law: 6-Point Step‑by‑Step Guide

What Are Interim Orders in Family Law?

Interim orders in family law are temporary court orders made to address immediate issues before a final decision is reached.

They’re designed to protect the interests of everyone involved—especially children—until the court has enough time and evidence to make a final order.

If you’re involved in a family law dispute, interim orders can provide short-term arrangements for matters like parenting, property, or financial support while your case is still ongoing.

When Would You Need an Interim Order?

You may need an interim order when waiting for a final hearing would leave you or your children without necessary support or safety measures. Family law cases in Australia often take months, sometimes even over a year, to reach a final resolution. During this time, interim orders help manage urgent matters.

Common reasons for seeking interim orders include:

• Establishing where children will live and how they’ll spend time with each parent.
• Setting temporary financial arrangements, such as spousal maintenance or child support.
• Preventing one party from selling or disposing of property.
• Ensuring safety if there are allegations of family violence.

If you’re concerned about issues like safety, property division, or parenting, your lawyer can help you apply for interim orders early in your case.

Key takeaway: Interim orders provide temporary solutions that protect your interests and safety while your case progresses.

The Process of Applying for Interim Orders

Applying for interim orders usually happens after you’ve filed an initiating application in the family court. Here’s a step-by-step breakdown of how the process works:

1. Filing Your Application: You start by submitting an Initiating Application to the Federal Circuit and Family Court of Australia. This outlines what interim and final orders you’re seeking.
2. Providing Supporting Documents: Along with your application, you’ll submit an affidavit. This document details the facts that support your request for interim orders. For example, you might describe parenting routines, financial circumstances, or any history of family violence.
3. Serving the Documents: The court requires you to serve the documents to the other party, giving them a chance to respond.
4. Response from the Other Party: The other party can file a Response and an affidavit of their own, explaining why they agree or disagree with your interim order requests.
5. First Court Event: The court will schedule a first hearing, often called a First Return Date, where the judge will review the documents and may make interim orders if needed.
6. Interim Hearing (if required): If the court needs more information, an interim hearing will take place. This is usually brief and based on written evidence rather than oral testimony.

Key takeaway: Applying for interim orders involves paperwork, supporting evidence, and attending at least one court date, so preparation and legal advice are important.

Factors the Court Considers When Granting Interim Orders

When deciding whether to make interim orders, the court doesn’t conduct a full trial. Instead, the judge will rely on the documents you and the other party submit.

For parenting matters, the court focuses on:

• The best interests of the child
• The child’s current living situation
• Any history of family violence or risk factors
• The child’s relationship with each parent
• Practical considerations like schooling and distance between homes

For financial or property matters, the court looks at:

• Each party’s financial needs
• The available resources
• Evidence of any urgent financial hardship

If your case involves allegations of domestic violence, the court will also consider the safety of all parties involved. Understanding what are the punishments for domestic violence in Australia can help you appreciate the seriousness with which the court approaches safety concerns. Domestic violence findings can influence not only interim orders but also final parenting and property decisions.

Key takeaway: The court bases interim orders on written evidence, prioritising children’s safety and wellbeing, as well as immediate financial and property concerns.

Types of Interim Orders You Can Apply For

Interim orders can cover different aspects of family law. Here are some common types:

Parenting Interim Orders

These orders decide temporary care arrangements for children, including:

• Living arrangements
• Time spent with each parent
• Communication methods (calls, video chats)
• Supervision requirements if safety concerns exist

Financial Interim Orders

Financial interim orders may include:

• Spousal maintenance
• Child support contributions
• Use of family property (e.g., who stays in the family home)
• Payment of bills and mortgages

Property Preservation Orders

If you’re concerned the other party may sell or hide assets, you can apply for an order to prevent them from disposing of the property until the case is finalised.

Key takeaway: You can apply for different types of interim orders to address parenting, financial, and property issues during your case.

The Role of Evidence in Interim Order Applications

Because interim decisions are made without a full trial, written evidence plays a big role. Your affidavit needs to be factual, specific and focused on the urgent issues you want the court to address.

For parenting matters, your affidavit may include:

• The child’s usual routine
• Any history of family violence, supported by reports or intervention orders
• Communication patterns between parents
• Schooling and extracurricular activities

For financial matters, you’ll need:

• Income details
• Living expenses
• Assets and liabilities
• Evidence of financial hardship (if relevant)

If domestic violence is part of your case, understanding what are the punishments for domestic violence in Australia can help you recognise how seriously the court views such allegations. The court may give priority to safety-based interim orders to protect you or your children.

Key takeaway: Strong written evidence increases the likelihood of the court granting the interim orders you’re seeking.

What Happens After Interim Orders Are Made?

Once the court issues interim orders, both parties are legally required to follow them until final orders are made. Interim orders remain in effect unless:

• The court varies or discharges the order (upon application)
• Both parties agree to change the arrangements
• The final hearing results in different permanent orders

Failing to comply with interim orders can lead to legal consequences, including enforcement action.

During the period that interim orders are in place, you’ll continue working through the next stages of your family law case, which may include mediation, dispute resolution, and preparation for the final hearing.

Key takeaway: Interim orders are enforceable by law and remain in place until replaced by final orders or amended by the court.

Addressing Safety Concerns: The Link Between Interim Orders and Domestic Violence Cases

If your situation involves family violence, interim orders can offer protection and support while your case continues. For example:

• The court may issue orders limiting contact between parties.
• Supervised visitation arrangements may be put in place for children.
• The court can prioritise safety when determining parenting time.

Knowing what are the punishments for domestic violence in Australia may give you a clearer understanding of how the family law system addresses these cases. Penalties for domestic violence can range from intervention orders and fines to imprisonment for more serious offences. Courts consider these factors carefully when issuing interim parenting or contact orders.

Key takeaway: Interim orders can offer immediate protection and stability in cases where domestic violence is a concern.

Can Interim Orders Be Changed?

Yes, you can apply to vary interim orders if your circumstances change significantly. However, the court generally expects you to comply with existing orders unless there’s a good reason not to.

Reasons for requesting a change may include:

• A sudden change in the child’s needs
• A new safety concern
• Significant changes in financial circumstances

If you’re thinking about applying for a variation, it’s a good idea to get legal advice first.

Key takeaway: Interim orders can be changed, but you’ll need to show that there’s been a meaningful change in circumstances.

Interim orders in family law help you manage urgent parenting, financial, or property issues while waiting for a final decision from the court. The process involves filing an application, providing written evidence, and attending court hearings. Whether you’re dealing with parenting arrangements or urgent financial support, interim orders offer temporary relief during what is often a stressful time.

If your case involves domestic violence, being aware of what are the punishments for domestic violence in Australia highlights how seriously courts take safety concerns during interim hearings.

By understanding the steps involved and preparing your evidence carefully, you can improve your chances of securing interim orders that meet your immediate needs while your family law matter continues.