Court orders

What a court order includes

The court order will include all the details of the decisions or agreements reached in your case. This includes the rules you must follow. For example, a Parenting Order will say:

• the days and times your child will spend with you
• the days and times your child will spend with other people named in the order
• how other people can have contact with the child – for example face-to-face, by phone, or by email
• any conditions associated with the above.

It is important to understand the terms and conditions written in your court order. If you don’t follow the terms and conditions, this may be considered a breach. It is a crime to breach a court order. Depending on the type of order and breach, the penalties may include a fine or prison. Court orders can be hard to understand. If you are unsure about the terms and conditions of your order, and what you can and can’t do, contact a lawyer for help.

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Interim and final court orders

Sometimes the court will decide that an urgent order should be made before anyone has a chance to respond. This is an interim or temporary order and it’s not final. If this happens, a copy of the interim (temporary) order and the application will be given to everyone named as parties in the application. There’ll still be a chance to respond before a final order is made.

When you respond to an application, it’s important to remember that you aren’t responding to the interim decision. Focus your response on what has been said in the application and what you agree and don’t agree with.

An interim order will usually last until:

• a certain date
• a particular event happens (for example, a judge makes a new order)
• a judge says the order stops.

The court may also make interim orders during your case either by agreement or if the judge doesn’t think a final court order is appropriate. Usually, another court date will be set so the judge can make a final court order later.

A final court order is made either by agreement or following a court hearing. This means a final decision has been made and the court process is finished. It can be changed or cancelled if your situation changes. The final order usually lasts until one of the people involved applies to the Family Court to change or cancel the order. There are some restrictions around changing or cancelling an order and you should talk to your lawyer. In cases to do with children, the final order usually lasts until they turn 16, unless a judge decides it should last longer.