Interim and final orders

Parenting cases often run for many months. Two kinds of orders bridge that gap.

Interim orders

Interim orders are short-term. They set the arrangements that apply while the case is ongoing, until the court makes final orders. Courts often aim to keep children safe and maintain stability in the meantime.

Key features of an interim hearing:

• It’s usually decided on the papers — the judge reads each side’s affidavits and hears submissions, rather than hearing witnesses give evidence and be cross-examined.
• Because the court can’t test the evidence in the usual way, it focuses on the agreed facts, the clear evidence, and the child’s safety and best interests.
• Your affidavit is your evidence. A calm, specific, well-organised affidavit carries real weight.

Final orders

Final orders are the long-term arrangements decided at the end of the case — either by agreement (consent orders) or by a judge after a final hearing where evidence is tested.

Why interim matters for the final outcome

Interim arrangements can shape what “stability” and “the status quo” look like by the time of the final hearing. That’s one reason it’s worth getting good advice and putting your best, most factual case forward early.

Length limits on interim affidavits

Affidavits for interim applications are limited in length, and the limit depends on the Division of the court:

• Division 2: no more than 10 pages and no more than 5 annexures (this is where most initiating parenting applications start).
• Division 1: no more than 25 pages and no more than 10 annexures.

Going over can cost you — a non-complying affidavit may not be read, you may be forced to cut it down, and costs orders can follow. See the affidavit guide for how to write within the limit.