What Is an Interim Order in Alberta Family Court and How Long Does It Last?
This answer covers the law of Alberta.
An interim order is a temporary order that sets arrangements while your family case is still going. How long it lasts depends on what the order itself says and on how your case moves forward, so read the order closely and ask a lawyer if the end point is unclear. In Court of Justice docket court, outcomes can include an interim order, a final order if everything is settled, an adjournment or dismissal.
Which court you use matters. The Court of King's Bench has sole jurisdiction over divorce and property division, while the Court of Justice cannot decide divorce or property claims but hears child and spousal support and parenting matters. In Greater Edmonton, Calgary, Red Deer and Grande Prairie, the Family Justice Strategy requirements must be met before family law applications are filed. If you cannot complete one, file a Request to Waive/Defer Mandatory Requirements form; urgent King's Bench matters are exempt.
Changing an interim order can be difficult. In King's Bench under the Family Focused Protocol, after the Mandatory Intake Triage Conference, further interim applications are allowed only in exceptional circumstances. If you ask to reduce support, you keep paying the existing amount until a court makes an order. A lawyer can confirm which steps fit your situation.
Key takeaways
- An interim order is temporary, and how long it lasts depends on what the order says and how your case moves forward.
- Docket Court in the Court of Justice can lead to an interim order, a final order if everything is settled, an adjournment or dismissal.
- Divorce and property division go to the Court of King's Bench, while the Court of Justice cannot decide them.
- If you ask to reduce support, you keep paying the existing amount until a court makes an order.