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BC family-court orders

Interim orders: a court order for now

An interim order is a temporary court order used while the family case is still continuing. It can give everyone rules to follow until the issue is settled, tried, changed or replaced by another order.

Plain English

Interim does not mean unimportant

It may be temporary, but it is still a court order and must be followed unless it is changed, suspended or replaced.

Interim orders at a family management conference

Under Rule 50, a judge or family justice manager at a family management conference can make temporary orders about parenting responsibilities, parenting time, child or spousal support, contact with a child, guardianship, and ownership or possession of a companion animal.

Rule 51 has a specific time limit for an interim guardianship order made before a Form 5 Guardianship Affidavit is filed. Unless renewed, that order can last up to 90 days and expires after 90 days if the order gives no term.

Parenting

A temporary parenting schedule, parenting time, contact or other parenting arrangement while the larger case continues.

Support

Temporary child or spousal support while the court waits for more evidence or a later hearing.

Case management

Directions about documents, disclosure, service, evidence or what must happen before the next court date.

Urgent temporary relief

If something cannot reasonably wait, the court may deal with a focused issue before the whole case is ready for trial.

Which application is used for a temporary order?

“Interim” describes how long an order is meant to last; it is not the name of one special court form. The right procedure depends on what you want the court to decide and where your case stands.

  • Starting a regular family-law claim. Form 3 starts the underlying claim, subject to the registry’s filing requirements.
  • Returning to court for temporary relief. Form 39 Request for Scheduling is used to request a court appearance in the circumstances in Rule 156(1)(f)–(g). These include seeking an interim order after attending a family management conference or applying to change, suspend or cancel an existing interim order under section 216(3) of the Family Law Act. Follow any scheduling direction the court gives. If you want to change an order made in your absence at a family management conference, check the separate Rules 54 and 55 procedure.
  • Priority parenting issue that meets the rules: Form 15 follows a distinct process and service requirements; not every disagreement is a priority parenting matter.
  • Family-violence protection: Form 12 has a separate protection-order process.
  • Only directions about the court process: Form 10 may apply, but it does not replace Form 3 for new parenting or support claims. Form 11 is only for specified procedural exceptions.

If a request cannot wait, identify why it cannot wait, what specific temporary order is sought, and what records support the request. An urgent label alone does not waive ordinary notice or filing rules. See urgent applications and Forms 11, 12 and 15 and confirm the procedure with the registry.

What can an interim hearing look like?

Often it is simply the judge, the two parties and any lawyers. The judge hears what each side is asking for and considers the evidence that is allowed for that hearing. The exact procedure depends on what kind of application is being heard.

Cross-examination is not automatic at every interim appearance. Some interim matters are decided mainly from filed material and submissions; some hearings involve oral evidence or questioning. A full family trial has the clearest witness-and-cross-examination structure. If the judge orders a particular hearing procedure, follow that direction.

If I have a lawyer, do they talk for me?

Usually, yes. Your lawyer presents the legal argument, refers the judge to the documents and responds to the other side. If you are required to testify, you answer questions yourself.

What does the judge do at the end?

The judge may make an interim order immediately, reserve the decision, make only part of the requested order, or give directions for what must happen next. Once made, the order applies until it expires, is changed, is replaced by another order, or the issue is finally resolved.

Interim is not the same as final

An interim order is meant to manage the situation while the case continues. A final order is the court's final decision on an issue at that stage of the case, often after agreement or trial. Some final family orders can still later be changed if the law allows and circumstances justify it.

See government sources

Independent lawyer review status: not yet completed. Official BC sources remain the controlling reference.