1. What is an interim order?
An interim order is a legally binding Court order made while family-law proceedings are still underway. It can provide a temporary arrangement about parenting arrangements, property, occupation of a home or certain financial matters until the Court changes the order or makes final orders.
Interim orders are not necessarily made only in emergencies. However, obtaining an urgent listing requires a separate explanation and supporting evidence. See the broader Orders & Interim Orders overview.
2. When might interim orders help?
- Temporary arrangements about where children live, time together or communication while parenting issues are unresolved.
- Safety arrangements where there are risks associated with family violence or child abuse.
- Temporary orders about living in the family home.
- Protection of assets while property settlement negotiations or proceedings continue.
- Interim spousal maintenance where the legal test is met.
Important distinction: ordinary administrative child-support assessments generally fall under the separate Services Australia child-support system. They should not be treated as just another routine interim parenting order.
3. Choose the correct application pathway
Where proceedings have not yet started, interim orders are generally requested in the interlocutory orders section of an Initiating Application (Family Law). Where proceedings are already underway, the usual form is an Application in a Proceeding. The precise forms and attachments differ between parenting and financial matters.
See the Australian family-law process for how an interim application fits alongside negotiations, hearings and final resolution.
4. Step-by-step: applying for interim orders
Consider dispute resolution and any exceptions
For most new parenting proceedings, the law requires an attempt at Family Dispute Resolution (FDR) and a section 60I certificate, unless an exemption applies (for example, particular urgency or family violence circumstances). Property proceedings have different pre-action requirements; a section 60I parenting certificate is not a universal requirement for financial claims.
Draft the specific temporary orders
Explain what you want the Court to order, not simply why you are unhappy with the current situation. For example, specify proposed interim handover arrangements, the temporary use of a property, or the restraint you are seeking to protect an asset.
Complete the correct application forms
Use the relevant Initiating Application or Application in a Proceeding. Parenting cases can require a Notice of Child Abuse, Family Violence or Risk and other documents. Financial applications may need a Financial Statement and disclosure documents. Always check the current Court parenting application guidance or financial application guidance before filing.
Prepare evidence in a supporting affidavit
Interim and urgent applications generally require an affidavit setting out relevant facts. Use specific dates, parenting history, financial circumstances and documents supporting your assertions. Be accurate and distinguish what you personally know from what others have told you.
Request urgency if necessary
An urgent request generally requires an order seeking an urgent listing, a supporting affidavit and a cover letter explaining the urgency with references to the relevant affidavit paragraphs. Simply describing a situation as urgent does not guarantee an early hearing. Read the Court’s urgent parenting instructions.
File and arrange service
File through the Court’s approved method and comply with applicable filing fees, service rules and any directions. Unless the Court orders otherwise, the other party ordinarily needs proper notice and access to the documents. Extremely urgent applications without notice follow special rules.
Attend the interim hearing
The Court may consider affidavit evidence, submissions and the relevant legislative criteria. For parenting matters, the child’s best interests are paramount. Interim hearings often involve limited evidence rather than the full evidence-testing process of a final trial.
5. Example: children and the family home
Illustrative example: After separating, Emma wants temporary parenting arrangements and permission to occupy the family home while the proceedings continue. She obtains legal advice about the appropriate orders, checks whether a section 60I certificate or exemption is needed, and prepares evidence explaining the practical and safety reasons for her request. The Court assesses the material; the requested orders are not automatic.
6. Interim financial or property orders
Temporary financial applications can involve an injunction to preserve assets, occupation of property or interim maintenance. They require their own legal basis and supporting financial information. If the issue is urgent, the Court’s urgent financial application process explains the extra documents and the assessment by a registrar.
Financial outcomes also depend on the wider property settlement framework; an interim order is not the same as a final division of property.
7. Do you need a lawyer?
Legal representation is not mandatory, but professional advice is valuable where the proposed orders are complex, urgent or disputed. A lawyer can help identify the correct procedure, draft appropriate orders, check evidence and explain whether an application is proportionate. Eligible people may also seek help from Legal Aid or a community legal centre.
8. What happens after interim orders are made?
Interim orders are binding while in force. Keep a copy, understand the precise requirements and follow them. If circumstances change, a variation may be sought using the proper procedure; it does not happen automatically. If someone fails to comply, see the orders and enforcement guides for related reading.
Parents may still negotiate workable longer-term arrangements, including a parenting plan, or seek final parenting orders if agreement is not possible.
9. Common mistakes to avoid
- Requesting an interim order without identifying its precise terms.
- Assuming all interim applications automatically receive urgent hearings.
- Treating parenting and financial applications as having identical filing requirements.
- Omitting important evidence or failing to serve documents correctly.
- Confusing an informal agreement with a binding Court order.
10. Frequently asked questions
How long does an interim order last?
Its duration depends on its terms and subsequent Court orders. Some remain in effect until varied, discharged or replaced by final orders.
Does an interim hearing decide the final case?
No. An interim hearing addresses the temporary issues before the Court. A final hearing or consent-order process may follow.
Can an urgent application be made without notifying the other party?
In exceptional cases, an application without notice may be possible, but special procedural rules apply and convincing evidence is required.
Is FDR mandatory for a property-only application?
Not under the section 60I parenting-certificate requirement, although financial proceedings have their own pre-action and dispute-resolution obligations.