Temporary Hearings - Black vs. White
In South Carolina, the majority of Family Court cases begin with a "temporary hearing", which is scheduled as a result of one party filing a Motion for Temporary Relief. At this hearing, the Court determines what will happen between then and the final hearing, which is typically held many months in the future. The main types of issues decided at this hearing include which party will have temporary custody of children, what visitation the other party will have, how much child support will be paid, who gets to stay in the house, how the debts will be divided, whether there will be temporary alimony, etc.
At this hearing, both parties file Affidavits to support their respective positions and the Court will allow each attorney a short time to argue why his client should be granted the relief he/she is seeking. The Affidavits are not exchanged prior to the hearing. No one gets to testify, and there is no cross-examination at these hearings. The end result is that one side argues that things are "jet black" while the other side argues that they are "snow white". In reality though, just as in life, things are typically a shade of gray. Now, it is up to the Court to decipher whether it is a charcoal or silver shade, and the Court has to do the best it can with the limited information provided to it.
Fortunately, all decisions made at this hearing are truly "temporary" in nature. They are without prejudice to either party, and they are subject to change at the final hearing. Of course, given a choice, I would always rather prevail at the temporary hearing if possible because it allows for some strategic advantages as the case progresses. For that reason, I try to get my clients to help me as much as possible early in their case by providing as much information as they can about their case. Early organization and preparation can (and often do) yield better results at the temporary hearing.
