Posts Tagged ‘Family Court Procedure’
Posted Wednesday, May 1st, 2013 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
2 Comments »
Two years after the United States Supreme Court reversed the South Carolina Supreme Court in Turner v. Rodgers, 131 S.Ct. 2507 (2011), I see no evidence that our family court system has taken any of Turner’s ruling to heart. This is partially the fault of our state Supreme Court, which has failed to exercise its [...]
Tags: Contempt Enforcement Rule to Show Cause, Family Court Procedure, Jurisprudence
Posted in Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | 2 Comments »
Posted Sunday, April 21st, 2013 by Gregory Forman
Filed under Equitable Division/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
3 Comments »
I’ve had a few cases in which the issue of what constitutes “personal property” has been the subject of debate. The understanding of the typical litigant is that such property is the household furnishings–what a homeowner’s policy might consider “contents.” However, from a purely legal standard, personal property is any property that isn’t real estate. [...]
Tags: Equitable Division/Property Division, Family Court Procedure, South Carolina Court of Appeals, Thomas F. McDow
Posted in Equitable Division/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 3 Comments »
Posted Thursday, March 21st, 2013 by Gregory Forman
Filed under Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
9 Comments »
News today from the South Carolina Judicial Department announced a March 14, 2013 Supreme Court order making Berkeley, Charleston and Dorchester Counties subject to mandatory alternative dispute resolution for “cases filed in the circuit court and the family court on or after June 1, 2013.” Previously the local family courts were pretty uniform about requiring [...]
Tags: Family Court Procedure, Mediation/Alternative Dispute Resolution
Posted in Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 9 Comments »
Posted Thursday, March 21st, 2013 by Gregory Forman
Filed under Child Custody, Department of Social Services/Child Abuse and Neglect, Family Court Procedure, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
1 Comment »
Not infrequently a claim of abuse or neglect against one parent will lead another parent to seek custody. Other times a private custody case will lead to a referral to the Department of Social Services (DSS), which leads that agency to bring an abuse and neglect proceeding. Either way, the result is concurrent DSS abuse [...]
Tags: Child Custody, Department of Social Services, Family Court Procedure
Posted in Child Custody, Department of Social Services/Child Abuse and Neglect, Family Court Procedure, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 1 Comment »
Posted Saturday, February 23rd, 2013 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
No Comments »
My colleagues frequently recount war stories in which their attempts to obtain substantive relief on a temporary basis early in the case failed while subsequent discovery uncovered evidence that might have led to a different temporary result. By then it is typically difficult if not impossible to obtain the requested relief until trial (or to [...]
Tags: Family Court Procedure, Litigation Strategy, Motions for Temporary Relief
Posted in Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | No Comments »
Posted Monday, January 14th, 2013 by Gregory Forman
Filed under Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
No Comments »
Ever since a local family court judge got defrocked for presiding in a case in which she had an alleged conflict, South Carolina family court judges have often been recusing themselves when there is a claim of conflict, bias, or improper conduct. This has, unwittingly, led to what I label pro se judge shopping, in [...]
Tags: Code of Judicial Conduct, Ex-Parte Communications, Family Court Procedure, Judge Shopping, Jurisprudence
Posted in Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | No Comments »
Posted Tuesday, November 27th, 2012 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
No Comments »
Before 2004, when SCRCP 3(a), was revised, it was strategically advantageous to serve a family court complaint as soon as it was filed. This was because, up until 2004, SCRCP 3(a) stated that an action was “commenced” when a summons and complaint was served. Because of this some defendants or their attorneys, if aware that [...]
Tags: Civil Procedure, Family Court Procedure, Litigation Strategy
Posted in Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific | No Comments »
Posted Wednesday, November 21st, 2012 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
In the November 21, 2012 opinion of Terry v. Terry, 400 S.C. 453, 734 S.E.2d 646 (2012) the South Carolina Supreme Court clarifies the effect of filing a notice of appeal on the enforcement of temporary orders. Here the family court issued a temporary order requiring Husband to vacate the marital home. Husband refused to do so [...]
Tags: Contempt Enforcement Rule to Show Cause, Family Court Procedure, South Carolina Appellate Court Rules, South Carolina Supreme Court, Supersedeas
Posted in Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
