What makes an order final?

Final orders

Interim/non-final orders

Agreeing to make an interim/non-final order the final order

Changing orders

Appealing orders

Final orders

A final order is an order that's intended to apply to both parties for the foreseeable future. Final orders can be made:

  • at the end of a trial (including a summary trial)
  • when all parties file a Notice of Joint Family Claim (Form F1)
  • when a party files a Notice of Family Claim (Form F3) and no response is filed
  • when all parties agree to the order (called a consent order)

Interim/non-final orders

You may be trying to get a final order for support, custody, guardianship, or access. However, because the courts are very busy, it often takes several months to a year (or more) to go to trial after you apply for a trial date. Most people need a temporary solution to their differences while they wait. To fill the gap, the Provincial Court has interim orders and the Supreme Court has non-final orders; these types of orders give people guidelines in the short term while they work out longer term solutions. They usually don't have a time limit or expiry date, but instead last until you come to an agreement or go to trial, whether that's six months or six years later (assuming no one successfully applies to change the order in the meantime — read "Changing orders" below for more information).

Interim/non-final orders might deal with procedural matters; for example, one party might be ordered to produce a financial statement by a certain date. Or the order might deal with more substantial issues, such as who has custody and how much maintenance must be paid. At this stage, the judge or master may not rule on some of the things you are concerned about, like how to divide the children's vacations between separated parents — those issues will be dealt with in your negotiations with the other party or at trial.

An interim/non-final order is based on limited evidence and arguments presented when the order is requested. In Supreme Court, non-final orders are made after the judge/master reviews written evidence in the form of affidavits and written arguments based on them. In Provincial Court, an interim order may be based on affidavit evidence in some cases, but would usually follow a short hearing.

If you are unhappy with an interim order, usually the next step is to proceed to trial as quickly as possible. (However, in some cases you can apply to change the order — read "Changing orders" below for more information). For more information on the different courts and what trials are like in each, see our interactive page on choosing a court.

In Provincial Court, an interim order is sometimes called an interlocutory order, and the application to get it is sometimes called an interlocutory application.

In family cases in Supreme Court, the application for a non-final order is often called a Chambers application. For more information on this process, see our guides on how to get a non-final order when you can't agree or when you can agree. You can also read Supreme Court Family Rule 10-6.

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Agreeing to make an interim/non-final order the final order

If you've applied for an interim order from the Provincial Court, but now you and the other party have reached an agreement, you can ask the judge to make your order final. You'll need to file a Request (Form 18), a Consent (Form 19), a draft Consent Order (Form 20) and any affidavits in support (to get copies of these forms, see the Family Court forms page). You can also write and sign an agreement and then file it with the court (see our fact sheet on Separation agreements for more information; you can file a separation agreement even if you are already getting divorced).

If your case is in the Supreme Court, see our guide How to get a final family order if you agree.

Changing orders

In family law, no order is ever permanent and unchangeable. Either party can go back to court to ask for a final order to be changed if there is a material (important) change in circumstances. You can also ask to change an interim/non-final order if it has been in place for years. If you find yourself in this situation, it is best to get legal advice before deciding what to do.

You might also find it helpful to look at our guides on how to change a family order when you can't agree or when you can agree.

Appealing orders

You can only appeal a non-final Supreme Court order for custody, access, guardianship, or support if there has been a significant error of law. You cannot appeal any interim Provincial (Family) Court orders, although in rare cases you might be able to get a judicial review. (For more information, see the Justice Education Society's booklet Judicial Review.)

You can appeal a final order from the Supreme Court — to do so, file your application in the Court of Appeal. You can also appeal a final order from Provincial Court — to do so, file in the Supreme Court.

There are important time limits for appeals, from as little as 14 days for some interim orders to up to 30 days for others. You must get legal advice and file your appeal before the time limit expires. Do not wait until the last minute. There are strict legal rules about how the days are counted for these time limits.

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When both parties and their witnesses appear before a judge and give their evidence under oath and out loud. They are then cross-examined by the other party or by his or her lawyer. A trial is also sometimes called a hearing, especially in Provincial Court.
The document that starts a family law case. It sets out information about the claimant and respondent, their relationship, and the final orders the claimant wants. If you are applying jointly with your spouse for a divorce, you would use a Notice of Joint Family Claim (Form F1). Under the old Supreme Court Rules, the documents used to start an action were the Writ of Summons and Statement of Claim.
Money paid by one party to the other party as financial support. Support can be paid for a former spouse or for any or all children.
Can refer to where and with whom a child lives, or where a child lives and the rights and responsibilities of a parent regarding the child in his or her care.
The responsibility for making major decisions for children about such things as what kind of education, health care, or religious training they will receive, and how to manage anything the children may own, such as property or money.
Generally means the time children spend with the parent they do not usually live with. However, access is not limited to the parent who does not have custody — any person can apply for access to a child (including grandparents, aunts and uncles, and other relatives).
A document that contains facts that you swear under oath or affirm to be true. A lawyer, notary public, or commissioner of oaths must witness your signature and sign your affidavit.
A judicial officer of the Supreme Court who can decide certain matters. Generally, a master may decide about interim orders for custody, guardianship, access, and support. A master may not change a judge's final order or grant a divorce.

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