What is an Interim Hearing?
If someone has separated and an urgent dispute arises that requires a quick short-term solution until the court can conduct a final hearing, an application to the court for an Interim Hearing can be made. So, what is an interim hearing?
An Interim Hearing will not be allocated for more than a maximum of two hours of court time. It is therefore an abbreviated form of a court hearing. An interim hearing can occur in many types of situations, but most commonly it is for:
- Children’s living arrangements;
- Occupation of the matrimonial home, or
- Injunctions to protect property.
An interim hearing is based on affidavits and does not usually involve direct oral evidence from the parties.
An affidavit is a document used in court proceedings, which provides written evidence setting out the facts of a person’s situation. It should be noted that there was a major change made at the start of 2018 to how affidavits should be prepared for interim hearings in the Federal Circuit Court. See New Rules for Affidavits.
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