When families face legal disputes – whether over parenting, financial support or even who will live where – immediate decisions are often necessary to protect everyone’s well-being. This is where interim court orders come into play.
What Are Interim Orders?
Interim court orders are temporary rulings issued by the Court while a case is still ongoing. Interim court orders are usually ‘without prejudice’ – which means that both parties are free to take a position other than that set out in the interim order in the future. Interim orders provide a framework for how parties should act until a final decision is made. They help maintain stability and predictability during what can be a stressful and uncertain time.
Types of Interim Orders: Parenting, Support & Property
- Parenting: Determining who children will live or spend time with on a temporary basis.
- Child Support: Setting support payments to ensure the children’s needs are met after separation.
- Spousal Support: Financial assistance between spouses after separation.
- Property and Financial Matters: Deciding who has access to shared assets, real estate, or bank accounts in the short term.
Why Are Temporary Orders Important?
It can take time to reach a resolution on all issues in a family law matter. Interim orders ensure that critical issues – like where a child will live or how bills will be paid – are addressed promptly, preventing further conflict or hardship.
Applying for an Interim Court Order in Alberta
Typically, one party files a court application requesting an interim order. The application is then heard in Court, where the Justice will make a decision. Interim orders can also be entered by agreement between the parties. Interim orders can be modified as circumstances change until the final judgment is entered or an agreement reached.
What to Do If You Disagree with the Order
Interim Orders are intended to be temporary. They are usually a quick fix or a ‘band-aid’ solution – they address the problem for now, but an overarching solution is still necessary, and must be reached either through negotiation or by a subsequent court order. Interim Orders should only be appealed in rare cases. Due to their temporary nature, our Court of Appeal discourages appealing interim orders, which can be viewed as a delay tactic or a waste of the Court’s resources. The best way to deal with an unsatisfactory interim order is to reach a final resolution – whether through negotiation or, failing that, trial.
