The Best Option for You
If You Go to Supreme Court
How do I apply for an interlocutory (interim) order?
It may take some time to schedule a trial or reach an agreement after you have started a family law proceeding (most trials are set within six to 12 months). In the meantime, many couples need decisions quickly about such issues as where the children will live and who will pay child support, and decide to apply for an interlocutory (interim) order.
An interlocutory or interim order is a short-term court order that will remain in place until the court makes a final order or until you and your spouse reach an agreement.
The Legal Services Society's family law web site offers step-by-step instructions - plus all required forms - for getting an interim order. Click on "Online Self-Help Kits," then "How do I get an initial family order?," then choose the self-help kit for Supreme Court, and see Steps 8 - 23.
Unless you can come to a settlement beforehand, you and the Defendant will appear before a judge or master in "Chambers" (slightly less formal than a courtroom trial; the judge or master and lawyers do not wear robes and all evidence is presented through written affidavits rather than witnesses).The judge or master will then make an order based on the evidence presented in Chambers.
Important!
Interlocutory orders may have a significant impact on the final decisions made by a judge at your trial. For example, if an interim order gives your spouse custody of the children, the trial judge - in considering the best interests of the children - may decide it is best not to disrupt their lives and will order that arrangement to stay in place. We recommend you talk to a lawyer before you begin an interim application.
|
|
