What are the potential remedies for notice-based contempt pleadings?
February 14, 2019
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
Sealing records when private custody cases reference past child protective services involvement
May 24, 2018
While the general principal is that court records are open to the public, information from child protective services cases are not. Thus conflicts develop between
Getting arbitration awards turned into court orders (or preventing it from happening)
October 5, 2017
Many of my colleagues are turning to arbitration to resolve family law disputes. Few seem aware that an arbitrator’s award does not automatically become a
Illiterate family court attorneys?
August 27, 2017
Whence came the South Carolina family court habit of pleading for procedural relief in initial pleadings? When I learned to draft pleadings in law school
Who has the burden of proof on the willfulness element of contempt?
May 21, 2017
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
Learn something new every day: involuntary non-suits in family court
May 5, 2017
I’ve long been aware that one could use Rule 41(b), SCRCP, to move to dismiss an action for failure to prosecute or as a sanction
Automatic discovery in family court–finally
May 1, 2017
Effective today (May 1, 2017) the South Carolina Supreme Court has amended Rule 25, SCFCR, to authorize automatic discovery in family court. In 23 years
Is the lack of a set notice requirement in the UCCJEA a feature or a bug?
December 13, 2016
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
