Where parties are claiming custody of or access to children, either or both of the parties may apply to court for an interim order for custody or access. An interim order is one that is made after the proceedings have been started but before the trial.
The court must consider what is in the best interests of the child in making an interim order for custody or access. There has been a tendency for courts to presume that the status quo that existed at the time of the interim application should be preserved until the trial, and that preserving the status quo is in the best interests of the child. The exception to this is where there are particular reasons why the existing custody and access arrangements should not continue.