This page provides general information only and does not constitute legal advice.
Interim Hearings in Family Court (NSW): What They Are and What Actually Happens
This page explains interim hearings in the NSW family law system — what they are, how they work, and why they often feel more confronting than their legal effect.
This page explains process only. It does not provide legal advice or predict outcomes.
What is an interim hearing?
An interim hearing is an early court event where temporary orders may be made while a case continues.
Interim hearings exist to:
- manage uncertainty
- reduce perceived risk
- stabilise arrangements
- preserve the status quo where possible
They are not designed to resolve disputed facts.
When interim hearings usually occur
Interim hearings commonly occur:
- shortly after a case is filed
- when urgent issues arise
- when temporary arrangements are disputed
They usually take place before:
- family reports
- full evidence testing
- final hearings
Timing is important to understand expectations.
What the court focuses on at interim stage
At interim stage, the court focuses on:
- risk, not proof
- stability, not fairness
- management, not judgment
Judges are making holding decisions, not final conclusions.
What evidence is considered
Interim hearings rely on:
- affidavits
- filed documents
- limited submissions
Important realities:
- evidence is not cross-examined
- disputes are not resolved
- allegations are not tested
This explains why interim outcomes can feel unsettling.
Why interim orders can feel unfair
Many parents expect the court to:
- work out what really happened
- assess credibility
- balance competing narratives
That does not happen at interim stage.
Instead, the court asks:
“What arrangements best manage perceived risk until more information is available?”
Interim orders compared to final orders
| Interim Orders | Final Orders |
|---|---|
| Temporary | Determinative |
| Risk-focused | Evidence-focused |
| Limited material | Fully tested evidence |
| Procedural | Substantive |
Confusing these stages leads to unnecessary distress.
Supervised time at interim stage
Supervised contact is commonly ordered at interim stage because it:
- reduces perceived risk
- allows time for assessment
- preserves the child’s relationship without escalation
Supervision:
- does not equal findings of guilt
- is often temporary
- focuses on safety rather than judgment
Interim hearings and Child Impact material
In many cases, Child Impact material is considered around interim stage.
Key points:
- it records children’s experiences
- it does not contain findings
- it informs risk assessment only
The emotional impact of this material is often greater than its legal weight.
Why interim orders can remain in place for a long time
Interim orders may remain due to:
- court backlogs
- report availability
- adjournments
- procedural delays
This does not mean the court has decided the final outcome.
Common mistakes at interim stage
- Treating interim orders as final judgments
- Reacting emotionally to wording
- Filing repeated reactive affidavits
- Escalating conflict instead of stabilising
These reactions often worsen outcomes rather than improve them.
What interim hearings are not
Interim hearings are not:
- a trial
- a credibility assessment
- a finding of facts
- a moral judgment
They are a procedural stage.
What usually happens next
After interim orders, cases often move toward:
- Child Impact material
- family reports
- compliance and readiness steps
- negotiation or preparation for final hearing
Interim is a phase, not a destination.
Key takeaway
Interim hearings manage uncertainty.
They do not decide your case.
Related guides
- Family Court Process in NSW (step-by-step overview)
- Child Impact material explained
- Family Reports explained
- Family Court Process Checklist (NSW)
Scope: New South Wales, Australia
Disclaimer: General information only. Not legal advice.
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