January 28th, 2023
Yesterday I lectured for the South Carolina Bar’s annual guardian ad litem training on the topic “Post-COVID Child Custody and Visitation Case Law Update (2020-2022).” Basically, I summarized and explained the importance of every published South Carolina appellate court opinion addressing child custody since January 2020. I have often noted (and intend to do subsequent […]
Read MoreJanuary 23rd, 2023
In 1971, South Carolina adopted article I, section 10 as part of the state constitution. That section reads, “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures and unreasonable invasions of privacy shall not be violated.” In 1993, relying upon this provision, the South […]
Read MoreAugust 12th, 2022
Occasionally I blog on little known cases that I find myself referencing often. Thus today’s blog about Widdicombe v. Tucker-Cales, 366 S.C. 75, 620 S.E.2d 333 (Ct.App.2005). Widdicombe arises out of a custody modification case. Subsequent to a South Carolina court-approved custody agreement, Father moved to Illinois. He filed a custody modification complaint in South Carolina […]
Read MoreJune 19th, 2022
It is pretty rare that the United States Supreme Court weighs in on family law matters. Thus, I’m surprised I didn’t hear more about its June 15, 2022 decision in Golan v. Saada. That case addressed how the federal district courts should apply an exception to return under the Hague Convention on the Civil Aspects […]
Read MoreJanuary 12th, 2022
n.b. On May 4, 2022, the Court of Appeals issued a refiled opinion making a minor addition on the attorney fee award issue: Refiled Hayduk Opinion Makes Small Addition On Attorney Fee Issue The January 12, 2022, Court of Appeals opinion in Hayduk v. Hayduk affirmed the family court’s dismissal of Husband’s divorce action, finding that Husband […]
Read MoreDecember 23rd, 2021
The December 22, 2021, Court of Appeals opinion in Rish v. Rish, 435 S.C. 681, 868 S.E.2d 719 (Ct.App. 2021), addresses the modifiability of non-modifiable alimony. The parties in Rish divorced in 2003. As part of the divorce the family court approved their agreement on alimony, which purported to make alimony non-modifiable, and only terminable […]
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