Interim orders

The normal orders you apply for are Final orders – once they are made, your case comes to an end.

Interim orders are temporary orders while the Court makes its decision. They are usually made when there is an urgent issue that needs action while the court process is going on.

You may need orders to deal with an issue while the court process is underway. For example, you may need orders regarding who pays the mortgage.

Interim orders stay in place until your final orders are made or you register an Agreement with the Court.

You can apply for interim orders:

• At the same time as you apply for final orders
• At any time during the court process.

At the same time as final orders

You can apply interim orders at the same time as you apply for final orders, by requesting them in your Initiating Application (Form 1).

For urgent cases you should write a letter to the Court explaining the urgency and request an earlier date.

During the court process

Once an initiating application has been filed, either party can apply for interim orders at any time.

To apply for interim orders, you need to file:

• an Application in a Case, and
• an affidavit in support of the interim orders.

When the judicial officer makes a decision on your interim order application, you can usually only discuss the evidence that is in your affidavit. Make sure your affidavit includes all the evidence you need to explain why the Court should make the interim orders. For interim parenting orders, you should explain why the interim orders are in the best interests of the child. For financial cases, the orders should be just and equitable.

Next steps

After you file an application for interim orders, the Court will set a date for a hearing to consider your application. When considering whether to make an interim order, the Court can take into account:

• in a parenting case - the best interests of the child
• whether there are reasonable grounds for making the orders
• whether the orders are necesssary for reasons of hardship, family violence or predjudice to the parties or the children
• whether the parties could benefit from participating in dispute resolution.

If a party doesn't attend an interim order hearing, the other party can give evidence and the Court can still make the interim orders.

Last updated: 16-Apr-2018

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