Court of Appeals opinion unwittingly exposes serious flaws in South Carolina’s Family Court Rules

Posted Monday, July 26th, 2021 by Gregory Forman
Filed under Child Custody, 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

The July 7, 2021, Court of Appeals opinion in Taylor v. Taylor unwittingly exposes serious flaws in South Carolina’s Family Court Rules–specifically the notice provision

Does the ten-day notice requirement in South Carolina Family Court Rule 14(d) violate procedural due process?

Posted Thursday, July 8th, 2021 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, South Carolina Specific

I have little doubt that, if raised in the proper case, the ten-day notice requirement in South Carolina Family Court Rule 14(d) will be held

DSS safety plans don’t override custody/visitation orders

Posted Monday, July 5th, 2021 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Miscellaneous, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific, Visitation

I typically don’t blog about unpublished opinions. Since they cannot be used as precedent, their holdings are unreliable guidance. Still, when the Court of Appeals

Are you seeking to modify or enforce that family court final order (or do both)?

Posted Saturday, October 10th, 2020 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

In my eleven-plus years of doing this blog I’ve yet to write about the different procedures and goals in modifying versus enforcing a final order

Family court “emergencies” in the COVID-19 era

Posted Sunday, March 22nd, 2020 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

In a pair of March 18, 2020 orders, South Carolina Supreme Court Chief Justice Donald W. Beatty cancelled all family court terms of court through

Visitation denial in the COVID-19 era

Posted Sunday, March 22nd, 2020 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Visitation

COVID-19 is the first airborne global pandemic to take place since the development of specialized family courts in the United States. Never before has mandated

“Force majeure” as a defense to family court contempt

Posted Thursday, March 19th, 2020 by Gregory Forman
Filed under Child Support, Contempt/Enforcement of Orders, Not South Carolina Specific, Of Interest to General Public

Given the impact on the new coronavirus on South Carolina businesses, I’ve had more than one client ask me about paying court-ordered support obligations at

What are the potential remedies for notice-based contempt pleadings?

Posted Thursday, February 14th, 2019 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific

Late last month the family court issued a contempt petition against a client of mine in which the petition was a “notice” pleading, not a

South Carolina child custody restraining orders I really hate

Posted Saturday, August 26th, 2017 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

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

Who has the burden of proof on the willfulness element of contempt?

Posted Sunday, May 21st, 2017 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 Specific

A few days ago I prosecuted a contempt action. The proof for one of the allegations of contempt was very document intensive and mathematical–reimbursement for

Put Mr. Forman’s experience, knowledge, and dedication to your service for any of your South Carolina family law needs.