The Interim Custody Care and Control order is a temporary order by the Court that governs the care arrangements of the children.
Prior to the resolution of ancillary matters or during the time of separation, parties can take out an Originating Summon application for an Interim Custody Care and Control (ICCC) order under the Guardianship of Infants Act at the Family Justice Courts.
The application must include the following:
- The children’s current care arrangements (i.e schooling and living arrangements);
- Why an ICCC order is required for the governing of the children’s future care arrangements;
- The order for custody, care and control being requested.
The ICCC order will determine 3 issues:
| Custody | Who has the right to make major decisions for the child |
| Care and Control | Who is accountable for the day-to-day care and decision making for the child |
| Access | Where one parent is given sole care and control then the other parent will have access. Access can be fixed or flexible and it can be supervised or assisted. |
The other parent will be given an opportunity to respond and propose an alternative arrangement to the orders requested if they so wish.
Both parties will be required to attend a case conference (if unrepresented) at the Family Justice Courts.
Should there be a possibility for an amicable resolution, the Court will order both parties for mediation or counselling.
The Court will determine the ICCC order based on the child’s best interest.
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Having met these considerations, our lawyers will then be able to assist you in taking the formal steps to file a writ of divorce with the Family Justice Court.
