Have you ever found yourself in a family law situation that required immediate action before the final decision was made? If so, you may have encountered the need for an interlocutory order.
In Australian family law, these temporary orders can be crucial for addressing urgent matters while waiting for the final resolution of a case. This guide will walk you through the basics of interlocutory orders, their importance, and what happens if someone breaches them.
What Are Interlocutory Orders in Family Law and When Are They Needed?
An interlocutory order is a temporary court order made during family law proceedings to address urgent issues that cannot wait until the final hearing. These orders are crucial for managing important matters in the short term, providing immediate solutions while the court considers the case’s overall outcome.
In family law, interlocutory orders are commonly used in cases involving children, property disputes, or financial support. For example, if two parents are in disagreement over where a child should live during a divorce, the court might issue an interlocutory order to establish temporary living arrangements for the child.
These orders are particularly important when immediate action is necessary to avoid harm or ensure that certain arrangements are maintained until a final decision is reached.
When Are They Needed?
Interlocutory orders are generally needed when:
- There is an urgent issue regarding the care and living arrangements of children.
- There are disputes about property or financial support that need to be addressed quickly.
- There is a risk of harm to someone involved in the case, such as domestic violence situations where immediate protection is required.
How Can I Apply for an Interlocutory Order in a Family Law Case?
To apply for an interlocutory order in a family law case, the first step is to file an application with the court. This process is relatively straightforward, but it’s essential to follow each step carefully to ensure the application is accepted and considered by the judge.
Step 1: File an Application
You will need to prepare and file an application for an interlocutory order at the Family Court or Federal Circuit and Family Court of Australia. This application will outline the specific order you’re seeking and explain why it’s necessary.
Step 2: Provide Supporting Evidence
Along with your application, you must provide evidence to support your request. This might include affidavits, financial records, or other relevant documentation that explains why an interlocutory order is needed.
For example, if you’re seeking temporary child custody arrangements, you would provide evidence about the child’s current living situation and why a change is required.
Step 3: Serve the Other Party
Once you’ve submitted your application, it must be served to the other party involved in the case. This ensures that both sides have an opportunity to present their views before the court makes a decision.
Step 4: Attend a Court Hearing
The court will set a date for a hearing, where both parties can present their case. At this hearing, the judge will consider the urgency of the situation, the evidence provided, and any risks involved. If the court believes that an immediate order is necessary, it will grant the interlocutory order.
It’s essential to have a legal professional guide you through this process to ensure the application is complete and persuasive.
What Types of Interlocutory Orders Are Common in Family Law Disputes?
In Australian family law, various types of interlocutory orders can be issued, depending on the situation. Below are some of the most common types:
Parenting Orders
These orders can decide who the child will live with temporarily, who will have custody, and how much time each parent can spend with the child. In cases where parents are unable to agree on childcare arrangements, interlocutory orders can provide clarity and stability until the final decision is made.
Property and Financial Orders
When couples are separating, there may be disputes about the division of assets, financial support, or property. Interlocutory orders can be issued to preserve assets (such as preventing one party from selling a house) or to ensure that one party continues to receive financial support while waiting for the case’s outcome.
Protection Orders (Domestic Violence Orders)
If there is a concern for someone’s safety, an interlocutory order can be used to provide immediate protection. These protection orders, also known as domestic violence orders or apprehended violence orders (AVOs), are essential for safeguarding individuals at risk of harm during family law disputes.
Read Also: Crucial Knowledge: AVOs and Their Conditions Uncovered
How Long Do Interlocutory Orders Last in Family Law Proceedings?
Interlocutory orders are designed to be temporary and only last until the final determination of the case. However, the exact length of time an interlocutory order remains in place depends on the case’s progress and the complexity of the issues involved.
Typically, these orders will stay active until the final hearing or until both parties come to an agreement that the court approves. In some cases, if the issue is resolved quickly, the order may only last for a few weeks or months.
However, if the case takes longer to conclude, the interlocutory order may remain in place for several months or even years.
It’s important to note that an interlocutory order can be varied or discharged (cancelled) if circumstances change or if the court is satisfied that the order is no longer necessary.
What Happens if an Interlocutory Order Is Breached in a Family Law Case?
Breaching an interlocutory order is a serious offence, and the consequences can be significant. If someone breaches an order, the court has several options for dealing with the violation, depending on the severity of the breach and the circumstances.
What Constitutes a Breach?
A breach occurs when one party fails to comply with the terms set out in the interlocutory order. For example, if a parent doesn’t return a child to the other parent at the agreed time or if someone sells a property that the court ordered to be preserved, these actions would constitute a breach.
Consequences of Breaching an Interlocutory Order
The consequences for breaching an order can include:
- Warnings or fines: In some cases, the court may issue a warning or impose a fine on the person who breached the order.
- Changing the order: The court may change the terms of the order to prevent further breaches or to protect the interests of the parties involved.
- Contempt of court: In more serious cases, the court can find the person in contempt, which may lead to more severe penalties, including imprisonment.
If you believe an interlocutory order has been breached, it’s important to seek legal advice immediately so that appropriate action can be taken.
A Final Thought on Interlocutory Orders in Family Law
Interlocutory orders play a crucial role in Australian family law by providing temporary solutions in urgent situations. Whether the issue involves child custody, property disputes, or safety concerns, these orders offer a way to protect everyone involved while waiting for a final resolution.
If you’re facing a situation that requires an interlocutory order, having the right legal support can make all the difference.
Need Help with Interlocutory Orders? Contact Us Today.
If you’re dealing with a family law issue that requires immediate action, Justice Family Lawyers can assist you with applying for an interlocutory order. Our experienced team understands the complexities of family law and can guide you through every step of the process.
Call us today to discuss your case and secure the legal support you need.
