An interim order is a temporary order made by the Federal Circuit and Family Court of Australia while your case is still ongoing. These orders aren’t permanent but are legally binding until the court makes a final order or the parties reach an agreement.

Interim orders can be made in a range of family law matters, including:

• Parenting arrangements (e.g. who the child lives with or spends time with)
• Financial support (e.g. spousal maintenance or who pays the mortgage)
• Property issues (e.g. who stays in the family home)
• Protection (e.g. if there are concerns about safety or family violence)

They’re often necessary when urgent decisions need to be made, or when parents or ex-partners can’t agree on what should happen during the court process.

Interim orders usually remain in place until a final hearing, which could be several months, or even over a year, depending on how complex the case is. They are not intended to be permanent, but they can influence the outcome of the final orders, especially in parenting matters.

To apply, you generally need to:

1. File an application with the court (often alongside your main application for parenting or property orders).
2. Include an affidavit (a sworn statement) explaining why interim orders are needed.
3. Provide evidence to support your case, especially if the request involves parenting or safety concerns.
4. Attend a court hearing, where a judge will consider both sides and decide whether to grant the interim orders.

In urgent situations, urgent interim orders can be requested quickly, especially where safety or welfare is at risk.

Interim orders provide stability and structure while your family law matter is being resolved. Whether it’s about caring for children, managing finances, or ensuring safety, these temporary orders can offer peace of mind during a difficult time. If you’re unsure whether you need interim orders or how to apply, it’s best to seek legal advice.