Family Law Court Orders

Applying to the court for orders is sometimes the only solution to a family law dispute. Parties are obligated to comply with a court’s order.

Applying for court orders are sometimes unavoidable for persons with family law disputes. Parties who have unresolved issues in their relationships and are experiencing deep conflict have no other choice but to go to court. The court will decide for parties who cannot agree on their dispute thereby giving up control over their case and putting all evidence before a judicial officer to appreciate.

What are court orders?

These are orders made by a judicial officer to which a person is bound to comply. In a family law case, court orders may be made with or without a hearing, during and after a hearing.

Consent orders are issued without a hearing. The judicial officer will be relying on the agreement submitted by the parties and will only ensure that it complies with the validity requirements. Another example of an order issued without hearing is interim orders which will be based on the application and affidavits. Interim orders are meant to provide temporary relief only to the applicant pending the trial on the merits of the main case.

The court may issue orders in cases concerning parenting, property settlement, the couple’s finances and spousal maintenance.

Parenting orders

These are orders issued by the court regarding arrangements for the children. The requirement of the court before it will hear an application for parenting orders is that the parties first undergo a family dispute resolution unless there is domestic violence or child abuse.

The orders will contain instructions from the court how the parties will care for their child and ensure the child’s development. Recipients of these orders should expect that the instructions for the care of the child will be very detailed since the child’s best interests is the paramount consideration for the court.

Financial Orders

With this type of order the court will usually direct three things to be done by a party to the family law case:

• To pay another person a specific amount within a period of time;
• To transfer or sell property; or
• To sign financial documents.

Property Settlement and Spousal Maintenance Orders

Property settlement orders from the court direct the division of properties and assets of married spouses and de facto partners. Financial sources, business interests, partnerships and other assets jointly owned by the parties will likewise be divided, transferred, sold and disposed to finally settle the property issues.

A final spousal maintenance order will usually be issued only after the property settlement between the parties has been finalized. A spousal maintenance order will stipulate the specific amount that a party is to give to his former spouse or de facto partner. The order will also direct the arrangements for turning over the maintenance to the other party.