An interim child arrangements order is a temporary order made by the family court during ongoing proceedings that sets out the arrangements for a child while the case is being progressed to a final hearing. It is not a final decision, but it is legally binding and must be complied with until varied or replaced by a final order.
The court typically makes interim orders at the first hearing in child arrangements proceedings where the parties cannot reach agreement. The interim arrangements provide a framework for the child's life during the proceedings, which can take many months to resolve. In more urgent cases, interim orders can be made at a without notice hearing before the first scheduled appointment.
At the interim stage, the court is not making a final welfare determination. It is making arrangements that are broadly in the child's interests for the period of the proceedings. Courts generally try to maintain the status quo where possible, meaning the arrangements that were in place before the application was made. However, where there are safety concerns, the interim order may differ significantly from the previous arrangements.
Yes. Where there is an urgent need, for example where a child has been suddenly removed from their primary carer or where there is a risk of removal from the country, an application for an interim child arrangements order can be made without notice to the other party. The court will consider the evidence and, if satisfied that urgent action is needed, can make an interim order the same day.
An interim order lasts until the next hearing or until a final order is made. It can be varied at any subsequent hearing if circumstances change. Either party can apply to vary an interim order if there has been a significant change in circumstances since it was made.
Interim child arrangements orders set out temporary arrangements for a child during proceedings. Courts generally maintain the status quo at the interim stage unless there are safety concerns. Urgent without notice applications are possible in genuine emergencies. A family law barrister can advise on the merits of an interim application and represent you at the first hearing.
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