Interim parenting orders in Australia

What is an interim parenting order?

An interim parenting order is a temporary order made by the Federal Circuit and Family Court of Australia that sets out parenting arrangements — where children live, the time they spend with each parent, and sometimes communication arrangements — until the case reaches a final hearing or the parents reach agreement.

The word "interim" simply means "in the meantime." The order is not a preview of the final result. It is designed to keep children safe and to maintain a reasonable status quo while the court considers the full evidence. An interim order can be varied or replaced at any time if circumstances change.

Most interim hearings are short, often one to two hours, and the judge or magistrate works with limited evidence — usually affidavits rather than cross-examination. That means the court is cautious: it leans towards preserving the arrangements the children already know unless there is a good reason not to.

When courts grant interim orders

The court does not grant interim parenting orders simply because one parent asks. There generally needs to be a reason why the matter cannot wait for a final hearing or be resolved by agreement. Common situations include:

• Safety concerns: allegations of family violence, drug or alcohol misuse, or neglect that put a child at risk.
• One parent withholding the child: refusing to return a child after a visit, or preventing contact altogether.
• Relocation: a parent planning to move interstate or overseas with the children before a final hearing.
• No existing arrangements: parents have just separated and cannot agree on basic logistics.
• Breach of an existing order: one parent is not following a final or earlier interim order.

Where there is no urgency and the children are safe, the court will usually expect the parents to try FCFCOA family dispute resolution before listing the case for an interim hearing.

How to apply for interim parenting orders

The process depends on whether you already have a case before the Federal Circuit and Family Court of Australia or are starting fresh.

Steps to apply for interim parenting orders

Step	What's involved	Typical timeframe
1. Obtain a Section 60I certificate	Attend family dispute resolution or qualify for an exemption (e.g. family violence, urgency)	1–6 weeks (or immediate if exempt)
2. File an Initiating Application	File via the Commonwealth Courts Portal with a supporting affidavit setting out the facts	Same day
3. File an Application in a Case (if existing)	If proceedings already exist, file an interim application within the existing case	Same day
4. Serve the other parent	The other parent must be served and given time to file a response affidavit	Court rules set the notice period
5. Attend the interim hearing	Both parties present their case, usually on affidavit evidence only	Listed 4–8 weeks after filing (varies by registry)

In genuinely urgent cases — for example, where a child is at immediate risk — the court can hear an application on the same day or the next, sometimes without notice to the other parent. These are rare and require strong evidence of urgency.

What the court considers

The court decides interim parenting orders using the same overarching principle as final orders: the best interests of the child under the Family Law Act 1975. In practice, the court pays particular attention to:

• The child's safety: Any risk of family violence, abuse or neglect is the court's primary concern. The FCFCOA: Safety and risk in children's matters page explains how this is assessed.
• The status quo: Where has the child been living? What routine are they used to? Courts are reluctant to disrupt a child's day-to-day life unless there is a strong reason.
• The child's relationship with each parent: Maintaining meaningful time with both parents matters, unless safety prevents it.
• Practical arrangements: School proximity, each parent's work schedule, and the child's existing commitments.
• Any existing agreements or orders: A parenting plan or previous court order carries weight.

The court is not hearing the full case at this stage. It works with limited evidence and makes the best temporary decision it can. An interim order does not prejudice the final outcome, although in practice the status quo it creates can be difficult to shift later.

Costs and timeframes

Interim hearings are shorter than final hearings, but they are not cheap. Typical costs and timeframes include:

Interim parenting order costs and timeframes (indicative)

Item	Indicative cost	Typical timeframe
Filing fee (Initiating Application)	$390 (reduced fee available)	Same day
Lawyer preparation (affidavits, submissions)	$3,000–$8,000	1–3 weeks
Barrister for hearing (if briefed)	$2,500–$6,000	Hearing day
Waiting time for hearing date	—	4–12 weeks depending on registry
Total estimated legal costs per party	$5,000–$15,000	—

Source: FCFCOA fee schedule for filing fees. Legal costs are indicative only and vary by location and complexity. Reduced fees apply for financial hardship.

Compare that with mediation, which typically costs $1,500–$4,000 total and can be arranged within one to three weeks. Even where mediation does not fully resolve the dispute, narrowing the issues before an interim hearing saves time and money.

Recovery orders: when a child is withheld

If a parent is refusing to return a child after agreed time, or is withholding a child from the other parent altogether, the court can make a recovery order under the Family Law Act 1975 (section 67Q). A recovery order directs the Australian Federal Police or state police to find the child and return them to the person named in the order.

Recovery orders are serious. They are usually made urgently and can be applied for at the same time as interim parenting orders. The court needs to be satisfied that the child has been taken or retained, and that making the order is in the child's best interests.

If a child has been taken overseas, the situation involves international law. Read our guide on travelling overseas with children after separation for the Hague Convention process and the AFP Family Law Watchlist.

Interim vs final parenting orders

The difference matters more than most parents realise:

Interim vs final parenting orders

Feature	Interim order	Final order
Duration	Temporary — until final hearing or agreement	Ongoing until the child turns 18 (or varied)
Evidence	Affidavits only, limited hearing time	Full evidence, cross-examination, family report
Purpose	Preserve safety and status quo	Determine the child's best long-term interests
Effect on final result	Legally none — but the status quo it creates can carry practical weight	Binding and enforceable
Cost per party	$5,000–$15,000	$20,000–$100,000+
Time to obtain	4–12 weeks from filing	12–24 months (or longer)

Because interim orders set the status quo that courts are reluctant to change, the practical effect is often greater than the legal theory suggests. Getting the interim arrangement right matters, whether through the court or by agreement.

Why mediation is usually the better first step

Unless there is a genuine safety risk or an emergency, parenting mediation is almost always worth trying before applying for interim orders. The reasons are practical:

• Speed: Mediation can be arranged in days. An interim hearing takes weeks or months.
• Cost: A mediation session costs a fraction of an interim hearing. See our mediation costs guide.
• Control: Parents decide the arrangements, rather than a judge who has seen one affidavit from each side.
• Enforceability: An agreement reached in mediation can be turned into consent orders and is then just as enforceable as a court-imposed order.
• Relationship: Mediation preserves the co-parenting relationship. Contested court applications tend to damage it.

Where FCFCOA family dispute resolution is required, attempting mediation also fulfils the Section 60I certificate requirement. If mediation does not resolve everything, narrowing the issues still makes any court process shorter and cheaper.

Safety first. If there is family violence, threats, or a risk to your child's safety, mediation may not be appropriate and you may be exempt from FCFCOA family dispute resolution. Call 000 in an emergency, or 1800RESPECT on 1800 737 732 (1800RESPECT). Read our guide to family violence and family law.