Who generally files an interim application in family law practice?

The interim application in family law practice is typically filed by the party seeking relief. This is because an interim application serves as a request for immediate or temporary orders from the court while the case is ongoing. The party who is affected by a particular situation—such as issues regarding child custody, support payments, or property division—will present their case to the court, outlining the relief they are seeking until a final resolution can be reached.

In family law contexts, situations often require urgent attention, particularly when it comes to the welfare of children or financial stability. Therefore, the ability to file an interim application is essential for parties to address immediate concerns and protect their interests.

Other options involve roles that do not initiate the process for seeking relief. The court clerk handles administrative tasks and does not bring applications to the court on behalf of parties. The judge is responsible for making decisions on cases but does not file applications; rather, they respond to the applications filed by the parties. Similarly, while any interested third party may engage in legal proceedings, they typically do not have the right to file an interim application unless specific legal grounds or standing in the matter has been established.