Understanding Interim and Interlocutory Orders in Family Law

What is an Interim or Interlocutory Order?

In Family Law proceedings, a party seeking relief from the Court has the option of seeking “final” and “interlocutory orders” also known as “interim orders”. 

Depending on the type of matter, these orders may include procedural orders, parenting orders, and orders about obtaining or disclosing evidence.

As many cases take 12-18 months to be finalized, interim orders act like a bridge, between the start point of the matter and the end point.  It is important to carefully set out the interlocutory orders you seek so that when you get to the final hearing, the foundation of your case has been set, and you are now well placed to run your final orders application.

As family law matters often involve sensitive issues and complex legal procedures, it is important to seek the advice of a legal professional when making an interlocutory application. In many cases, the interlocutory orders you seek, influence the final orders you obtain. Take the following examples:

1. Ana would like to seek 50% of the property pool, however, Ana does not know what the value of the property pool is. Interlocutory Orders would be sought valuing the assets and compelling the other side to disclose certain material. Orders can also be made to restrain disposal of assets such that by the time Ana’s Final hearing arrives, Ana would know the value of the asset pool and the pool is preserved from dissipation prior to the final hearing. Without these interlocutory orders, Ana’s case is “not ready” for trial, and the judge may decline to hear it. Alternatively, the judge may dismiss it, so it is important for Ana to seek interim orders prior to the final hearing.

Take another example:

2. John is not seeing his children Jack and Mary. Jack is 3, and Mary is 2. They do not recognize or remember John. Despite this, John would like to seek orders for equal time at the Final hearing. The hearing is 12 months away. If John waits, he will not see the children without orders. In such circumstances, John needs to file an application for interlocutory orders seeking that the children’s time with him recommence. He may need to file further interlocutory applications seeking to progress the time once it has started. 

There are various types of interlocutory applications that can be made in legal proceedings. It is important to seek legal advice before filing an application seeking interlocutory orders as the orders you seek ultimately influence the outcome of your case. 

What is an Interim or Interlocutory Hearing?

An interlocutory hearing is a court hearing that is held to determine an interlocutory application. Orders are made “pending further order”. At an interlocutory hearing, the parties present arguments and evidence to support their case, and the judge considers the application and makes a ruling.

Interlocutory hearings can be held at any stage of the proceedings and can be conducted in person or by telephone or video conference.

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