Archive for December, 2016

Is the lack of a set notice requirement in the UCCJEA a feature or a bug?

In 2008 South Carolina went from the Uniform Child Custody Jurisdiction Act (UCCJA) to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The updated statute was largely an improvement. It includes limitation upon the exercise of “emergency jurisdiction” so that an emergency cannot be used to give a state permanent jurisdiction. It provided powerful […]

Court of Appeals holds order from bifurcated trial finding common law marriage is not immediately appealable

The issue of what family court orders are immediately appealable can be confusing.  Sometimes final orders need to be appealed immediately, even if that order does not end the case. For example, orders from contempt actions need to be appealed immediately even if the case is ongoing. Arnal v. Arnal, 363 S.C. 268, 609 S.E.2d 821, […]

 

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