Types of
Orders.

In family law, interim orders are short-term decisions made by the court to help families manage urgent or unresolved issues while a final hearing is still pending. These orders aren’t permanent—they’re designed to give structure and protection during the waiting period.

Interim orders are often made in matters involving:

• Parenting arrangements (like who the child lives with)

• Financial support (such as spousal maintenance)

• Exclusive use of the family home

• Preventing one party from disposing of assets

The goal? To ensure stability, safety, and fairness while the main dispute is being resolved.

Common Types of Interim Orders

1. Parenting Orders
   These might cover where a child will live temporarily, who they spend time with, and how communication is handled between parents.

2. Spousal Maintenance Orders
   If one party cannot financially support themselves after separation, they may request interim spousal maintenance.

3. Child Support or Expenses
   The court can order a party to contribute to school fees, medical costs, or general child-related expenses.

4. Injunctions
   These prevent a party from doing something—such as selling property or relocating a child overseas.

5. Exclusive Occupancy of the Home
   The court can give one party the exclusive right to stay in the family home if it’s unsafe or unreasonable to share the space.

How Does the Process Work?

To apply for interim orders, you must:

1. File an Initiating Application with the Federal Circuit and Family Court of Australia.

2. Attach an Affidavit – a written statement that explains your situation, concerns, and what you’re asking the court to do.

3. Attend a Court Hearing, where a judge reviews your documents and hears from both sides.

Sometimes urgent orders can be made the same day. Otherwise, a date will be set to hear the interim application.

Do You Need a Lawyer?

Not always—but having legal advice helps. You can prepare and file your application yourself, but a family lawyer can:

• Help frame your affidavit clearly and effectively

• Prepare you for what to expect at the hearing

• Advise whether your request is likely to succeed

For those who can’t afford a private lawyer, Legal Aid or a community legal centre may be able to assist.

Real-Life Example

Emma separated from her partner and needed temporary arrangements for their two children. Her ex refused to let the kids return after a weekend visit. Emma applied for interim parenting orders so the court could quickly step in and decide where the children should live while the final parenting arrangements were still being discussed.

The court granted her interim orders giving her primary care and set up weekly visits with the other parent until the final hearing.

Final Thought

Interim orders help families navigate the immediate aftermath of separation. They’re not about long-term solutions—they’re about managing the “in-between” safely and fairly. Whether you’re sorting out care for children or protecting assets, understanding interim orders is a big step toward taking control of your situation.