Affidavits are used in place of testimony at the temporary hearing, and temporary hearings are limited to 15 minutes and 8 pages of affidavits unless you request more time at the time of filing. Photos attached are not included in the page count. If you realize a case is more complex after the filing, most judges will honor late requests for extended time. Hearings that are granted the extention to 30 minutes are not subject to the 8 page limit.
Help your client with their affidavit and collect more than 8 pages in preparation from available witnesses. Review the witness affidavits. Include your client’s affidavit and the strongest witness affidavits to get to 8 pages, while retaining the other affidavits for later hearings as necessary.
Although you may wish to work things out with opposing council or pro se opposing party before the hearing, do not show them your affidavits until you present them to the court. Anticipate that the judge will ask for a summary of the affidavits. If you can prepare a succinct written summary before the temporary hearing, the judge will likely be appreciative.
You must also arrive at the temporary hearing with an updated financial declaration, a background information sheet, and a temporary parenting plan. The temporary parenting plan should reflect your client’s reasonable desires that maximize the child’s safety. A judge may look unfavorably on any party that overreaches in their parenting plan. These documents are available at sccourts.org.
The court is likely to appoint a Guardian ad Litem, and establish timelines for the GAL investigation and report, discovery, and mediation.