Court orders bind parties to the order’s stipulations. Some orders are entered into by agreement, known as consent orders, while others result from litigation. Although litigation isn’t the ideal solution to family law disputes, it is sometimes necessary to protect the interests of the child and ensure a fair outcome for each parent. In some cases, a parenting plan may provide a more flexible alternative to final orders. Let’s look at the different functions court orders can perform.
Key takeaways
Interim and final court orders
Court orders can be implemented at different times in the Family Court process.
Interim orders
Interim orders are temporary court orders that are in force until final orders are made. They can cover parenting, property and domestic violence matters.
Final orders
Final orders provide a permanent determination about a particular issue. They are designed to make long-term arrangements for the parties. However, changed circumstances may justify following applications to modify these orders. A parent or any affected party can seek a variation if new circumstances make the existing orders impractical or no longer in the child’s best interests. Final orders remain in place unless they are challenged through the proper legal process.
Interim and final parenting orders
Interim parenting orders create temporary parenting arrangements to protect children until a final parenting order is made. For example, a party may seek an interim order to prevent a spouse from moving a child out of the country. Final parenting orders create permanent parental responsibilities based on the child’s best interests.
Parenting orders can’t be litigated until the parties meet with a family dispute resolution practitioner. This requirement may be waived in cases of domestic violence or child abuse before proceeding to a final hearing.
In parenting proceedings, the court makes decisions based on the child’s best interests, including arrangements for a parent to spend time with the child. If concerns about a former partner impact the case, legal advice can help navigate the process effectively.
Interim and final property orders
Parties can seek interim property settlement orders for various reasons. Here are examples of the forms an interim property order can take:
A sole occupancy order allowing one party to have sole occupancy of the marital home.
An urgent injunction that prevents one spouse from disposing of assets or freezing money from a bank account that is receiving an insurance or superannuation payout.
Periodic spousal maintenance that provides financial support to a party until a final property settlement order is made.
An early lump sum payment. The Court may grant an early payment to cover financial concerns such as legal costs.
Final property settlement orders will settle financial matters after the Court has applied the four-step process set out by the Family Law Act. The Court will consider the circumstances of each party, including their financial contributions, future needs, and overall fairness in the division of assets.
Interim and final protection orders
Queensland law allows for protection orders that contribute to the safety of at-risk spouses and children. Under the Family Law Act, the Court can issue parenting orders, including final parenting orders, to safeguard the welfare of children.
The police can issue a police protection order to provide temporary protection of a party until a final protection order can be organised. Urgent orders may be made when the aggrieved has an immediate concern for their safety, depending on the circumstances of the case.
A final parenting order places requirements on the respondent that are typically in force for five years. The timeframe can be shortened or extended if the Federal Circuit Court deems it necessary. Parenting orders are issued based on the best interests of the child, and family lawyers can assist in navigating the legal process.
A final parenting order ensures long-term arrangements for parental responsibilities and child welfare. All protection orders require the respondent to do the following:
The respondent must be of good behaviour toward the aggrieved and not commit domestic violence.
The respondent must be of good behaviour towards any named person and not commit associated domestic violence against the named person.
The Court can include additional stipulations based on the details of the case.
Commencing proceedings
Interim and final orders can be sought using the same initiating application. The judicial officer will assess the application at a court hearing. The application must include a Genuine Steps Certificate, which shows the parties attempted dispute resolution.
Under the Family Law Act 1975, all decisions must prioritise the best interests of the child. Seeking legal advice from experienced family lawyers is advisable to ensure compliance with legal requirements and to navigate the process effectively.
Interim hearing
The parties involved must submit a case outline document at least two days before the interim hearing. This document lists the evidence to be relied upon, the points at issue, and the orders being sought, including financial orders or consent orders if the child’s parents or parties agree on certain terms. The judge will consider the submitted evidence and oral arguments from the legal representatives. Understanding these requirements and following practical advice can help ensure a smooth legal process.
Final hearing
At the final hearing, the parties can make submissions to the Court about their evidence and the law. They can produce witnesses and cross-examine each other. The hearing may last several days. The judge may deliver a judgment immediately or reserve their decision for a later date, usually within three months.
If there has been a significant change in circumstances, parties may need to seek variations to existing orders. In some cases, consent orders can be sought to formalise agreements without a trial. It is advisable to consult family lawyers for guidance on legal procedures, filing fees, and ensuring that outcomes align with the best interests of the child.
Changing orders
You can change final parenting orders or property settlement orders under certain circumstances. Parties must convince the Court that there has been a significant change in circumstances that makes the orders impractical.
The Court considers factors such as the child’s welfare, the ability of each parent to meet their responsibilities, and any new developments affecting the existing orders. Any changes must have the same legal effect as the original orders unless varied by the Court. The other party will have the opportunity to respond to the application before a decision is made.
Case study
Knowing I needed to find someone who could help me with my family court matters was quite stressful to say the least. I was worried about how much it would cost, would they do the work I needed and all of the usual worries that come with finding a Lawyer. I was lucky enough to come across Luke from Shanahan’s Lawyers. From the first time I emailed him, I had all of my questions answered- he was very helpful, informative and polite. Luke explained the process and was upfront with costs (which were fixed).
Family law proceedings can cause a lot of anxiety for clients. An accredited family law specialist can help them navigate difficult family law matters, including disputes involving the other parent and other relatives. We ensure that our clients are fully informed and can face any legal issues without worrying about finances.
The Federal Circuit and Family Court of Australia handles cases involving interlocutory orders and final parenting matters. Whether in the Circuit and Court or the Family Court of Australia, we guide our clients through every step of the legal process.
Conclusion
Interim and final orders enable parties to settle legal matters when agreement isn’t possible. Interim orders allow spouses to implement binding arrangements in urgent cases while they await a final decision.
Once final parenting orders are made, they remain binding until a concerned party applies to vary them due to a significant change in circumstances. This may include changes in a parent’s ability to care for the child, relocation, or the breakdown of a de facto relationship.
If you need specialist family law advice, our family lawyers can help. Call us today.
