What is the purpose of a motion for temporary relief?

A motion for temporary relief is a motion heard by a family court judge to address on a temporary basis—before trial or a final agreement—substantive issues sought by either of the parties in their pleadings (the complaint or counterclaim).  The procedures governing temporary relief requests are set forth in Rule 21, SCFCR.

Essentially, any relief one might request at trial can be requested in a motion for temporary relief. Typically, motions for temporary relief involve requests regarding child custody or visitation, child support, spousal support, temporary possession of marital assets, and temporary payment of marital debts.  Such motions can also address retraining orders regarding the parties’ interactions with each other or their children. The family court can award attorney’s fees to the prevailing party in a motion for temporary relief.  Requests for advance suit cost, or other procedural relief, can be brought simultaneously with a motion for temporary relief, but the procedural rules of Rule 21, SCFCR do not govern such requests.

Orders stemming from motions for temporary relief are called “temporary orders.” Such orders remain in effect until the parties reach a subsequent agreement on the issues addressed in the temporary order, the family court issues a decision from a trial, or the court hears a subsequent motion for temporary relief based upon an allegation of changed circumstances.

The is no requirement of filing a motion for temporary relief along with a complaint. If the status quo is acceptable, or if one needs to engage in discovery or have a guardian ad litem investigate before seeking temporary relief, it is best to not seek court intervention on a temporary basis.  One should seek temporary relief when the status quo is untenable until the case reaches trial, which can often take 12-24 months from the time the complaint is filed.

In an initial case (whether for marital dissolution or to establish child custody, visitation, or support) the court routinely grants temporary relief—although not necessarily all the relief a party requests—simply because there is no order in place addressing those issues.   In an action to modify a prior final order, it is more discretionary whether to grant temporary relief and the family court sometimes leaves the prior final order in place until trial.

At trial, the court’s temporary order carries no weight and cannot be used as evidence. Rimer v. Rimer, 361 S.C. 521, 527 n.6, 605 S.E.2d 572, 575 n.6 (Ct. App. 2004) (“Temporary hearings are not de facto final hearings, and we adhere to the principle that temporary orders must be without prejudice to the rights of the parties at the final hearing.”). This does not mean that the temporary order may not affect the final resolution of the case.  Someone who has sole custody as part of a temporary order will likely keep custody if he or she does a good job parenting the child until trial.  Someone whose visitation is supervised under a temporary order is unlikely to move to primary custody at trial.

The procedures for motions for temporary relief are explained here.