When you’re dealing with a family law matter in court, the court will issue an order when it comes to a decision about your case. A court order is a legally binding direction, issued by a judge, which orders a party (or parties) to do something or carry out certain actions. However, it can take months or even years to complete a trial and have a final court order issued. Sometimes, families might need a legally binding decision to take place sooner while they wait. This is where temporary orders come in–they help bridge the gap between the time that a court case begins and the time that the trial concludes and the court issues a final judgment.
Understanding the difference can help you navigate the legal process and know what steps to take when it comes to your legal matter. To discuss your situation with a lawyer, contact Gelman & Associates today to schedule a consultation.
What is a Temporary Order?
A temporary order, also called an interim order, is a court-issued directive that applies before a family law case is resolved permanently. Temporary orders will generally last until a final order is issued by the court. In some cases, the court may set a specific review date if aspects of the temporary order need to be adjusted (e.g., after 3 months). Depending on how long your case takes to resolve, a temporary order can last for months or years.
Temporary orders are often needed in urgent or time-sensitive cases. They are commonly used in cases involving:
- Parenting arrangements, such as decision-making responsibility or parenting time (formerly custody and access)
- Spousal support
- Child support
- Financial disclosure requirements
- Restraining orders, when concerning behaviour is demonstrated
They can be brought by motion in the period leading up to trial when parties need immediate legal guidance while waiting. They help families function while they wait for a more permanent decision to take effect. If you need a temporary order put in place while awaiting trial, you should speak with an experienced family lawyer as soon as possible.
Key Differences Between Temporary Orders and Final Orders
Final orders are usually the result of either:
- A trial, where a judge makes a final decision after considering evidence and testimony presented by all parties
- A settlement agreement that has been taken to court and finalized
In both cases, a final order means that the case has been resolved in full. A final order will replace any temporary order(s) that were in place prior to the final judgment being made. It’s important to note that it may be possible to change a final order once it has been issued through a Motion to Change.
There are a range of differences between temporary orders and final orders. They include:
- Date of Issue: While temporary orders will be issued before a trial begins, final orders are only issued after a trial or full settlement is reached.
- Purpose: Temporary orders offer families short-term guidance or legal directives, while final orders are intended to provide a long-term, legally binding solution.
- Evidence: When a motion for a temporary order is brought, parties can present affidavits or written materials in support. When it comes to final orders, decisions are based on live testimony, cross-examinations, and detailed, factual evidence.
- Specificity: Temporary orders tend to be less detailed in nature, as they are commonly thought of as a “band-aid” solution until a final order is reached. Conversely, final orders tend to be extremely thorough and detailed.
- Enforceability: Both temporary and final orders are legally binding. Temporary orders will remain binding and enforceable until a change is made or they are replaced by a final order. Final orders are binding and enforceable unless a Motion to Change is brought to court.
Can Temporary Orders Affect the Final Outcome of Your Case?
Although directives issued in a temporary order will not necessarily determine the outcome of your case, they can influence the final order. This is mainly true in cases where the arrangements set by a temporary order are working well for the family in question.
For example, if a parent is granted primary care of a child for a year through a temporary order, the court may decide to continue this arrangement in the final order to avoid upsetting the “status quo”.
In addition, courts will observe how parties adhere to a temporary order while it’s in place. If you are able to follow a temporary court order responsibly, it can reflect positively on you during trial. On the other hand, if you’re unable to follow the rules of a temporary order, you may be scrutinized more harshly.
Have Questions About Your Court Order? Contact Gelman & Associates Today
Both temporary and final orders play important roles in family law. Temporary orders are a useful solution for families who need urgent or timely legal judgments while they await the outcome of a trial. Understanding how each functions, and how one may influence the other, can help you navigate the legal process with more confidence.
At Gelman & Associates, our Toronto family lawyers are dedicated to helping families navigate court orders and procedures. We represent clients through all stages of family litigation, whether you need an urgent temporary order in place or need help preparing for your trial. To schedule a consultation and speak to our lawyers about your legal matter, contact us today.
