Pace v. Pace, S10F0843

*All courts mentioned are at the state level.

• At temporary hearing, trial court awarded physical custody to Husband and joint legal custody to both parties. At final trial, court awarded permanent physical and legal custody to Husband. Supreme Court reversed, as the trial court relied on evidence from the temporary hearing without notifying the parties.
• A temporary award of custody differs in nature and purposes from a permanent award; a temporary award is an interim arrangement that serves the best interests of the child pending adjudication of the rights of mother and father, whereas an award of permanent custody constitutes a final adjudication of the rights of the parties.
• Temporary order is not governed by the same rules as permanent custody order. Temporary hearings are governed by USCR 24.5. Children are not permitted to give oral testimony at temporary hearings; permanent awards cannot rely on testimony by affidavit. Nature and quality of evidence at temporary hearing is likely different than at final. Therefore, it is error to rely on temporary evidence in a final determination without express notice to the parties.