What happens in Temp Custody Hearing?


#1

What happens in the Temp Custody Hearing vs the Permanent one ?

My STBX will not budge in mediation (court ordered), and now we have a 2nd meditation appt, but I do not see my STBX budging at all.
She does not our children to see their father (except maybe every other weekend).

I imagine the Permanent Custody Hearing will be ugly with witnesses lying that my STBX brings in.

But are witnesses a part of the Temp Custody Hearing ?
Do we each get 30 min with the Judge or how does it work ?

The 2nd mediation appt is the day before the Temp Custody Hearing.
Should I abandon the 2nd mediation appt and focus on the hearing ?
Or focus on the mediation, which I feel is a waste of time ?


#2

The purpose of a temporary hearing is for the court to set a schedule for the children while a full trial is pending. The temporary hearing is very short, usually each side is limited to a half an hour to present their evidence, and so typically the parties are the only ones who testify. Affidavits of other witnesses may be submitted given the short court time allowed.

I do not suggest you abandon the mediation, but show up, and if there is no movement, declare an impasse.


#3

Erin -

Can witnesses be summoned to the Temp Custody Hearing ?
If so, don’t you have to do that no later than 10 days before the hearing ?


#4

You can subpoena witnesses to court hearings, however a temporary hearing is so short it would be better to have them draw up affidavits and save the live testimony for the permanent hearing.


#5

What about my question to the time frame ?

I read in the Wake Co Family Rules that you have to give 10 days notice before the hearing.
Isn’t that true ?

If so, is that 10 days from the date of service to me ?


#6

Yes and yes.