Interim and final orders

In a parenting case, the court can make two very different kinds of orders. Understanding the difference early helps you prepare the right documents and set realistic expectations.

What interim orders are

Interim orders are short-term orders that set the arrangements for the children while your case is still working its way through the court. They are sometimes called interlocutory orders. They are made because a final decision can take many months, and the children need stable, workable arrangements in the meantime.

Interim orders might cover things like which home the children live in during the week, how much time they spend with each parent, how changeovers happen, who makes day-to-day decisions, and practical safeguards where there are safety concerns. They are meant to hold the situation steady, not to decide the case for good.

What final orders are

Final orders are the lasting decision the court makes at the end of the case, either after a trial (called a final hearing) or because the parents have agreed. Final orders are intended to settle the parenting arrangements for the long term. Once final orders are in place, you generally cannot change them unless there has been a significant change in circumstances — the law discourages re-litigating the same issues over and over, because that is rarely good for children.

If you would like to understand how the different types of orders and agreements compare, see parenting plans, consent orders and court orders.

How an interim hearing works

An interim hearing is very different from a trial. It is usually decided “on the papers” — the judge reads the written material rather than hearing witnesses give evidence in the witness box. There is limited or no oral evidence, and normally no cross-examination at this stage. The judge works from the affidavits and the short written outlines each side files.

Because the judge cannot test conflicting accounts by cross-examination at an interim hearing, the court takes a cautious, practical approach. It does not make firm findings about disputed facts the way it would at a trial. Instead, it works out sensible short-term arrangements based on the material in front of it.

The documents used at an interim hearing

Under the Federal Circuit and Family Court of Australia’s Central Practice Direction: Family Law Case Management, the parties must file and serve certain documents before the interim hearing. No less than 7 business days before the hearing, each party must file and serve:

• a minute setting out the precise terms of the orders they want the court to make; and
• a Case Outline document in the approved form, setting out the party’s major contentions on the issues to be decided and a list of the documents they will rely on (limited to documents relevant to those particular issues).

You also rely on your affidavit — your written evidence — which you will usually have filed with your application or response. The affidavit is where your version of the facts sits; the Case Outline is a short summary of your argument and the material you point the judge to. To prepare your affidavit properly, read affidavits in parenting matters.

How courts approach interim decisions

At an interim hearing the court’s overriding concern is the safety of the children and the people who care for them. Since the Family Law Amendment Act 2023 commenced on 6 May 2024, the child’s safety is the paramount consideration and the court works through a shorter list of best-interests factors. There is no presumption of equal shared parental responsibility and no automatic pathway to equal time — those provisions were removed. A 50/50 arrangement is not a starting point or an entitlement; it is only ever one possible outcome if it is safe and in the child’s best interests.

Broadly, at the interim stage the court tends to weigh:

• the safety of the child and carers, and any risk of harm, abuse or family violence;
• the benefit of the child having a meaningful relationship with both parents where it is safe to do so;
• stability and the practical status quo — the arrangements the child is already used to; and
• what is workable and realistic day to day given the limited, untested material.

Because the evidence has not yet been tested, judges are generally careful about making dramatic changes to a child’s living arrangements at the interim stage unless safety requires it. To understand the best-interests framework and the role of experts, see best interests, the ICL and family reports.

Why interim arrangements can influence the final outcome

Interim orders are not meant to predetermine the final result, and the court is not bound at trial by what it did at the interim stage. In practice, though, interim arrangements can carry weight. Once a child has settled into a routine and it is working, a court considering final orders will look closely at the stability and continuity that routine provides. The longer an arrangement has been in place and functioning well, the more it becomes part of the child’s status quo.

This is one reason to take the interim stage seriously, to put your best material forward, and to make the arrangements work in practice. It is also a reason not to agree to something at the interim stage that you could not live with long term without understanding how it might play out. Getting legal advice before an interim hearing is strongly recommended.

Affidavit length limits for interim applications

Because interim hearings are decided on the papers, the court controls the volume of material. An affidavit filed in support of an application for interlocutory (interim) orders in a family law matter must not:

• exceed 10 pages in length or contain more than 5 annexures if it is filed in Division 2 of the Court; or
• exceed 25 pages in length or contain more than 10 annexures if it is filed in Division 1 of the Court.

These limits come from rule 5.08 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 and are explained in the Court’s Preparing an affidavit fact sheet. Many parenting matters are heard in Division 2, but not all — check which Division your matter is in, because the limit that applies to you depends on it.

If you exceed the limits, the court can refuse to accept the document, require you to re-file a compliant version, decline to read the excess pages, or make a costs order. Long, repetitive affidavits also tend to hurt rather than help, because they bury the points that matter. Keep it focused, relevant and within the limit. Page limits and Division allocation can change, so confirm the current requirements and which Division applies with the Court or a lawyer before you file.

The path to a final hearing

If your matter does not settle, it moves along a case-management pathway toward a final hearing (a trial). While the exact steps depend on your case, the general progression is:

1. First court date — the court identifies the issues and makes procedural orders. See your first court date.
2. Interim hearing — short-term orders are made if needed, decided on the papers.
3. Further dispute resolution — the court will usually require another genuine attempt to resolve the matter, such as a conciliation conference or mediation.
4. A family report — a court child expert or family consultant may prepare a report about the children and the family, which is often central to the final decision.
5. Trial (final hearing) — this is where the evidence is properly tested. Witnesses can be cross-examined, the judge makes findings about disputed facts, and the court then makes final orders.

A trial is the most stressful, expensive and time-consuming part of the process, which is why the court builds in so many opportunities to resolve matters first. Wherever possible, the Court aims to list matters for final hearing within about 12 months of the case starting, though timeframes vary.

Consent orders can resolve it at any stage

At any point — before the first court date, before the interim hearing, or right up to the door of the trial — the parents can reach agreement. If you agree, you can ask the court to make consent orders, which record your agreement as enforceable orders and bring the case to an end without a contested hearing. Reaching agreement is almost always faster, cheaper and less damaging to the co-parenting relationship than a trial, and it lets you shape the arrangements yourselves rather than leaving them to a judge who has only met your family through the paperwork.

To understand the documents that start the whole process, see applying for parenting orders.

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This guide is general information, not legal advice. Court rules, forms, page limits and procedures change. Always confirm the current requirements with the Federal Circuit and Family Court of Australia or a lawyer before you act.