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
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I typically don’t blog about unpublished opinions.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
