Getting an interim order in a Supreme Court family law case

Interim orders are temporary court orders made after a family law case has started but before it ends. They deal with important issues the parties can’t agree on. These can include parenting arrangements, child or spousal support, and who can live in the family home. They can also deal with urgent problems, such as protecting someone from family violence, stopping someone from dealing with family property, or preventing the children from being taken out of town.

An interim order can’t divide property or order a divorce. For those things, you'll need a final order. But for other issues, many separating couples get interim orders. That way they can get some structure to their reconfigured relationship while the case unfolds.

Usually not. In most cases, you and the other party must first attend a judicial case conference (JCC). This is an informal, private meeting with a judge or associate judge to try to resolve issues. Some applications don’t need a JCC first, such as urgent applications made without notice or applications for orders you both agree to. If waiting for a JCC would be unsafe or unfair, you can ask the court for permission to apply sooner.

In a family law case, there are typically two people involved in an application: the person making it (the applicant) and the person replying to it (the respondent). They are the parties in the case.

To get an interim order, the applicant starts the process by filling out a notice of application and a supporting affidavit. They serve these documents on the respondent before filing them in court. If the respondent doesn’t agree with the application, they serve an application response and supporting affidavit on the applicant within five business days.

Once the respondent has replied, or their time to reply has passed, the applicant sets the hearing date. They do this by filing a notice of hearing of application in court, along with the application materials.

For more, see the People’s Law School guide on making an interim application.

Except for urgent applications, the earliest a hearing can usually take place is about 11 business days after the applicant serves their application — a little over two weeks. (Business days don’t include weekends and holidays, when court is closed.) In an urgent situation, you can make an application any time after a family law proceeding has started, with no notice or very little notice given to the other side.

The applicant can propose a hearing date in their notice of application. The date is set when they file the notice of hearing of application. If the hearing will take more than two hours, the court registry fixes the date.  

The court hearing takes place in Supreme Court chambers. This is a public courtroom where all interim applications set for a particular day are heard. Short hearings before an associate judge can often take place by video.

At the hearing, the applicant explains what orders they’re asking for. The respondent tells the court why it shouldn’t make the orders. The parties give evidence through the affidavits they filed, not through testimony.

After looking at the material filed and listening to both parties’ submissions, the judge or associate judge makes a decision. They may make all, some, or none of the orders the applicant is asking for.

An interim order is in place from the moment the judge or associate judge gives their decision. It lasts until another interim order is made. Or it can stay in place until the case is resolved by final agreement or an order is made at trial.

If your interim order no longer works, you can ask the other party to change it. If you both agree, you can make a consent order. If you don't agree, you can:

• ask for a judicial case conference to try to sort things out with a judge's help,

• apply to change the order at a hearing, or

• schedule a trial if you want a final order.

The court will only change an interim order if there's important new evidence or a change in circumstances. For example, your spouse gets a higher paying job, or your child now lives only with you.