What is application for an Interim Court Order?
When a party needs to ask the court permission to do something or requires the court to take action whilst the main case is being considered, it can make an application for an 'interim order'. This usually happens when a party feels there is a sense of urgency requiring court intervention. A judge will then consider this. The basis of the application is as per Articles 140 to 142 of Federal Law No. 11 of 1992.
How much does an application for an Interim Order Cost?
The court fees vary depending on the nature and type of case. Please consider:
100 AED in the Personal Instance court (family court) except for an alimony order which is free of charge
300 AED for a general application
400 AED for a travel ban
750 to 7500 AED for a temporary freezing order
How long does it take for the court to consider an application?
The judge will issue an order by the next working day following submission of an application.
What happens once the court has considered an application and grants the interim order?
The order will be issued by the court and a copy will remain on the case file.
Is there a deadline for implementing whatever the interim order provides?
Yes, the interim order expires 15 days after its issuance ... etc.
Are there any exceptions to the 30 day expiry on an interim order?
Yes. The single exception is for travel ban cases. An interim order made in these cases continues until the party applies to the court for its removal.
What if an interim order expires - can I apply for a new one?
Yes, you can submit an application for a new order. Please be aware that you will be required to make the payment again.
Can an affected party object to the making of an interim order?
Yes, if an order has been made (and you are a named party in the main proceedings) and you want to object to what the court has ruled on – you may lodge an application asking the judge to review the interim order. The application should clearly set out the reasons for why the order shouldn't have been made.
Does an application objecting to the interim order stop it being implemented?
No, much will depend on the timing of the application asking the court to review the order. Where a party has quickly proceeded to execute the interim order it will stand. However, a judge may order that enforcement be suspended pending consideration of the issues if a party makes the application in time.
What if the court doesn't grant an application for an interim order – can I also object?
Yes, the options open to a party who objects to the making of an order are also the same for one whose application isn't granted. It can ask the judge to review the decision and must set out the basis for this.
What can the court do as part of considering the review or objection against making an order?
A judge can accept the objection and therefore set aside the interim order either totally or in part.
If the court cancels an interim order that it originally made following an objection application, can a party appeal against this?
Yes, an affected party may appeal the decision (giving reasons) and it will be considered by a different judge.
Note: by making an application for an interim order, this does not delay or stop the original claim.
Can you give examples of where an interim order application may be made?
SUBJECT:
• Surrender of a vehicle
• Surrender of a document
• Issuing an official letter
• Eviction
• Exemption from submission of Emirates ID
• Receipt of an official document
• Issuance of an official document
• Identification papers
• Health insurance card
• Passport
• Restraining order
• Provision of accommodation for custodian
• Issuance and renewal of identification papers
• Settlement of school fees
• Cancellation of residence visa
• Cancellation of vehicle search order
• Removal of travel ban
• Cash housing allowance
• Renewal of identity card and hand over of original family book
• Renewal of residence visa
• Renewal of residence visa & identity card
• Renewal of health insurance policy
• Referral of traffic violations
• School registration for children
• Payment of fines
• Surrender of passport
• Vehicle search order
• Precautionary attachment
• Child visitation
• Urgent child visitation
• Application for cancellation of a procedure
• Value of furniture
• Travel ban
• Alimony
• Urgent alimony
• Interim alimony
• Reconnection of water & electricity
• Removal of arrest order
• Renewal of health insurance cards
• Renewal of health insurance policy
• Renewal of identity card
• Passport seizure order
• Order for house access
• Child visitation and surrender of children's passports
• Disbursement of cheque
