State ex rel. Koehler v. Honorable Midkiff
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The Supreme Court issued a permanent writ of prohibition ordering the circuit court to vacate its order sustaining Father's amended motion for temporary custody of his minor child and awarding Father temporary custody of the child without a hearing, holding that the circuit court exceeded its authority by awarding temporary custody without first conducting a hearing.
After Mother filed a petition for dissolution of marriage against Father the parties filed competing motions for temporary custody of their child. Without holding a hearing on the motions, the circuit court awarded temporary legal and physical custody of the child solely to Father. Mother filed a petition for a writ of prohibition, asserting that the circuit court acted in excess of its authority. The Supreme Court granted the writ, holding that, under the circumstances of this case, the circuit court exceeded its authority by awarding temporary custody without a hearing.
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