About the Author
Christopher Kissoglou
Published on January 8, 2025
Navigating any kind of family law matter can be challenging, especially when urgent decisions need to be made before a case is actually resolved. This is where interlocutory orders come into play as they can provide temporary solutions to protect the interests of those involved. Whether you’re dealing with parenting arrangements, property disputes, or urgent safety concerns, these orders can offer vital relief while the court considers the broader case.
At Unified Lawyers, we understand how complex and overwhelming these situations can feel. Our team of experienced family lawyers is here to help you make sense of your situation and guide you through your family law matter every step of the way. To help, our team has put together this article in which we will explore what interlocutory orders are, when they might be necessary, and how they play a critical role in family law matters.
By the end, you’ll have a clearer picture of how these temporary measures can help protect your rights and the interests of your family.
What is an interlocutory order?
If you’re involved in a family law matter now, you’re probably aware of just how complex they can be. Often, they take a while to resolve and while this is normal, there may be elements of the matter that are more urgent, and decisions needs to be made for the time being. This is where interlocutory orders are important. An interlocutory order is a temporary decision made by the court to address urgent issues in a family law case before a final decision is reached.
These orders aim to provide interim relief and prevent harm or disruption while the matter is still being resolved. Unlike final orders, which bring closure to a case, interlocutory orders are meant to address immediate needs and maintain stability.
For example, an interlocutory order might determine temporary parenting arrangements, restrict access to shared assets, or impose conditions to ensure the safety of family members. These orders play a crucial role in protecting the interests of everyone involved until the court can fully consider the case and make a final determination.
When are interlocutory orders used in family law?
Interlocutory orders are commonly sought in situations where immediate action is required to protect individuals or preserve the status quo. Below are some typical scenarios where these orders are used:
- Parenting arrangements: Establishing interim custody, visitation schedules, or decision-making responsibilities for children.
- Property matters: Preventing the sale or disposal of shared assets, such as a family home or financial accounts.
- Safety concerns: Ensuring protection from domestic violence or abuse through restraining orders or injunctions.
- Urgent financial support: Ordering temporary spousal maintenance or financial assistance for dependents.
- Preservation of evidence: Preventing destruction or tampering with critical documents or items relevant to the case.
These orders are a critical tool in family law, providing much-needed clarity and protection while longer-term solutions are considered.
Types of interlocutory orders and their key features in family law
Interlocutory orders come in various forms, each tailored to address specific needs during family law proceedings. While the circumstances vary, some common types include:
- Parenting orders: Temporary arrangements for where children will live, who they will spend time with, and how major decisions will be made.
- Injunctions: Orders to prevent a party from doing something, such as selling a shared asset or contacting another party.
- Financial orders: Interim measures for spousal maintenance or access to shared funds to cover immediate living expenses.
- Restraining orders: Safeguards for individuals at risk of harm, ensuring protection from domestic violence or harassment.
These orders are distinct from final orders as they focus on providing short-term solutions.
Who can apply for interlocutory orders?
Interlocutory orders are typically sought by individuals directly involved in family law proceedings. This includes:
- Parties to a dispute: Spouses, ex-spouses, or de facto partners involved in cases concerning parenting arrangements, property disputes, or financial support.
- Legal representatives: Acting on behalf of their clients to ensure their rights and interests are protected.
- Government agencies or third parties: In rare cases, such as child protection matters, agencies or individuals with a vested interest may apply for interlocutory relief.
It’s important to note that anyone applying for an interlocutory order must provide evidence to justify their request and demonstrate why immediate intervention by the court is necessary. This ensures that the process remains fair and serves the best interests of all parties involved.
How to apply for an interlocutory order in family law
Applying for an interlocutory order involves several steps, and the process can vary depending on the complexity of the case. Generally, the steps include:
- Filing an interlocutory application: This involves submitting a formal application to the court outlining the type of order sought and the reasons for the request.
- Providing evidence: Attach supporting documents, such as affidavits, to demonstrate the urgency or necessity of the order.
- Notifying the other party: The other party involved in the case must be informed of the application and given the opportunity to respond.
- Attending a hearing: The court will hold a hearing to review the application, hear from both parties, and assess the evidence presented.
- Court decision: Based on the hearing, the court will decide whether to grant the interlocutory order and may outline specific terms or conditions.
We highly recommend seeking legal advice if you’re in a situation where you believe an interlocutory order is necessary. We can ensure that the application is correctly prepared and has the best chance of success. We can also help guide you through this process to protect your rights and interests effectively.
Can interlocutory orders be changed or appealed?
Interlocutory orders are not set in stone; however, they can’t just be changed at the drop of a hat either. Usually, to be able to modify or appeal an interlocutory order strong justification is required.
Grounds for modifying an interlocutory order
An interlocutory order may be amended if:
- There has been a significant change in circumstances since the order was made.
- The existing order is causing undue hardship to one of the parties.
- New evidence has emerged that was not available at the time of the initial application.
When is an appeal appropriate in family law cases?
Appealing an interlocutory order is possible but can be challenging. Appeals are generally reserved for situations where:
- The court has made an error of law or procedure in granting the order.
- The decision is seen as unjust or unreasonable based on the facts presented.
Appeals must be filed within a specific time frame, and it’s crucial to weigh the costs and benefits of pursuing this route. Legal advice is essential to assess whether an appeal is the right step for your situation.
Factors courts consider before granting interlocutory orders
Courts carefully evaluate several factors before deciding to grant an interlocutory order, ensuring that the decision is both fair and necessary. One of the key considerations is urgency—whether immediate action is required to prevent harm or maintain the status quo until a final decision is reached. For parenting matters, the best interests of the child are paramount, with the court focusing on the child’s safety, welfare, and overall well-being.
Another important factor is the risk of harm. If one party is likely to face significant harm or injustice without the order, this can strongly influence the court’s decision. At the same time, the court assesses the balance of convenience, weighing whether granting the order will do more good than harm to the parties involved. Finally, the strength of the applicant’s case is critical; the court requires sufficient evidence to support the claims being made.
By considering these factors, the court aims to ensure that interlocutory orders are used appropriately and only when truly necessary to protect the rights and interests of all parties.
Examples of interlocutory orders in family law
To give you an idea of how interlocutory orders work in practice, here are some common examples:
- Interim parenting orders: A parent is granted temporary custody of their children to ensure stability while the court resolves a custody dispute.
- Injunctions for financial matters: A party is prohibited from selling or transferring shared property, such as a family home, to preserve assets for equitable division.
- Restraining orders for safety: An order prevents one party from contacting or approaching the other due to concerns of domestic violence or harassment.
- Urgent spousal maintenance: One spouse is granted interim financial support to meet their living expenses while awaiting a final decision.
- Orders to freeze assets: A court halts the disposal of significant financial assets, such as bank accounts or investments, to prevent their misuse during proceedings.
These examples demonstrate the wide range of situations where interlocutory orders play a crucial role in addressing immediate issues and ensuring fairness in family law cases.
FAQs
- How long do interlocutory orders last?
Interlocutory orders remain in effect until the court makes a final decision in the case or another order replaces them. This can mean that they could be in effect for a few weeks or even up to a few years.
- Can an interlocutory order be enforced?
Yes, interlocutory orders are legally binding which means that breaching these orders is like a breach of family court order and can lead to serious consequences, including fines or other penalties.
- What is the difference between interlocutory and final orders?
Interlocutory orders provide temporary solutions during ongoing legal proceedings, while final orders resolve the case permanently.
- Are interlocutory orders only for urgent situations?
While they are often used in urgent cases, interlocutory orders can also address non-urgent issues that require interim resolution.
- What is a recovery order and how is it different to an interlocutory order?
A recovery order specifically directs the return of a child to a parent or guardian, whereas an interlocutory order can address a broader range of interim issues in family law.
How Unified Lawyers can help
Navigating the complexities of interlocutory orders in family law can be overwhelming, especially when urgent decisions need to be made. That’s where we come in.
At Unified Lawyers, our dedicated team of family lawyers is here to provide clear and compassionate guidance every step of the way. From helping you understand your rights to filing applications and representing you in court, we ensure your interests are protected and your voice is heard.
Whether you need assistance applying for an interlocutory order, responding to one, or exploring options for modification or appeal, we have the expertise to support you. Don’t face these challenges alone, let us help you move forward with confidence.
Call us on 1300 667 461 or book a free, no-obligation consultation online using the button below.
Published on January 8, 2025
“All materials throughout this entire website has been prepared by Unified Lawyers for informational purposes only. All materials throughout this entire website are not legal advice and should not be interpreted as legal advice. We do not guarantee that any of the information on this website is current or correct.
You should seek specialist legal advice or other professional advice about your specific circumstances.
All information on this site is not intended to create, and receipt of it does not constitute a lawyer-client relationship between you and Unified lawyers.
Information on this site is not updated regularly and so may not be up to date.”
