Posts Tagged ‘Child Custody Restraints’

Building better restraining orders

A few weeks ago I blogged about what I considered ill-conceived child custody restraining orders. These restraints criminalized behavior that, while not ideal, are hardly incarceration worthy (e.g., no vulgarity around the children), criminalized behavior that is completely proper (one could not bring one’s boyfriend/girlfriend to a family reunion even if one slept in separate […]

South Carolina child custody restraining orders I really hate

By the same process that causes attorneys’ boilerplate to grow over time–they borrow “good” ideas from other attorneys but never weed out redundant or obsolete clauses–the list of restraining orders that family court judges impose on parents continues to grow. Since many local family court judges treat violations of these restraining orders as criminal contempt–and […]

Supreme Court approves permanent restraint against mother’s exposure of child to convicted sex-offender boyfriend

In the June 20, 2012 decision of Argabright v. Argabright, 398 S.C. 176, 727 S.E.2d 748 (2012), the South Carolina Supreme Court affirmed a permanent restraint against Mother exposing Child to her convicted sex-offender boyfriend [Doe] until the Child turned age eighteen. Mother began dating her boyfriend in 2003.  Four years prior boyfriend pled guilty to […]

Overnight paramour restraints and homosexual relationships

A state that denies homosexuals the right to marry has no right to punish them for living together without being married. In 1967, the United States Supreme Court decision in Loving v. Virginia, 388 U.S. 1,  rendered unconstitutional laws preventing marriages between persons solely on the basis of racial classifications.  It then took thirty-one years […]

Stupid (overly broad and vague) parental restraining orders

My one-man war against overly broad restraining orders continued this week, as I observe an accelerating trend towards guardians, litigants and judges wanting to micro-manage the small details of parenting.  At a recent mediation the mediator assumed my client would agree with the guardian’s recommended restraints.  Included in those recommendations were requests that the parents: […]

WTF does the restraint against exposing minor children to “age inappropriate entertainment” actually mean?

I sometimes think there is some hidden law titled, “The South Carolina Family Law Attorney Full Employment Act,” which requires family court judges to issue child-related restraining orders so vague that, in theory, an infinite number of attorneys could spend an infinite amount of time arguing about whether that restraint has been violated.  Such is […]

The lunacy of the restraint against “exposing the children to members of the opposite sex, unrelated by blood or marriage, overnight ”

A common restraint in South Carolina family court orders involving custody or visitation with minor children is a restraint against “exposing the children to members of the opposite sex, unrelated by blood or marriage, overnight.”  South Carolina family court culture does not approve of non marital sexual activity and these restraining orders are the court’s […]

What’s in your boilerplate?

Early in any family law attorney’s practice, that attorney will begin developing an agreement go-by that contains language common to all agreements that attorney drafts.   That go-by will also contain provisions that the attorney routinely uses in agreements.  For example, in South Carolina, a common item in custody agreements that is in most attorneys’ […]

 

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