With many thanks to Robert Rosen, who has greatly shaped my thinking regarding the proper form of family court ex-parte orders, the link below contains an footnoted version of what I believe is a proper (in South Carolina) family court ex-parte order:
I recently had a case in which an ex parte order was granted transferring custody to a father pending a temporary hearing. Father neglected to advise the Court he was using cocaine at the same time he was trying to get custody from the mother. I wonder what the Court’s ex parte ruling would have been had they known? DSS?
As I have previously indicated, I suspect within a few years some attorney will be disciplined for a violation of South Carolina Rule of Professional Conduct 3.3(d) (“In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.”)
I filed a complaint against an attorney in savannah who uses the ex parte privilage as a regular means of obtaining the upper hand in litigation while failing to disclose material facts which would be of the utmost importance to a Judge in granting an ex- parte custody order outside of the scope of family violence……. however nothing was done and he of course relied on the fact that his client did not relay the information to him…. even after evidence was produced to show otherwise…still nothing…. and he still uses this tactic in domestic plaintiff at the onset. My point is that be glad you don’t practice there… at least in regards to chatham county there is no order and flexible ethics……
I have a nephew that has been abusing drugs to the extreme; we have reasons to believe he is attempting against his life. My brother and wife do not know what else to do. They do not want to put him on the street, but at the same time they feel he is a danger for them and my youngest niece. He is 22 years old and has been involved in criminal acts such as possesion, resisting arrest without force, tampering with evidence, etc. However, he has never served jail time. Would it be possible to request a Baker Act or Ex parte on him? The family does not know what else can be done to help him since he is refusing any help.
I recently had a case in which an ex parte order was granted transferring custody to a father pending a temporary hearing. Father neglected to advise the Court he was using cocaine at the same time he was trying to get custody from the mother. I wonder what the Court’s ex parte ruling would have been had they known? DSS?
Linda:
As I have previously indicated, I suspect within a few years some attorney will be disciplined for a violation of South Carolina Rule of Professional Conduct 3.3(d) (“In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.”)
I filed a complaint against an attorney in savannah who uses the ex parte privilage as a regular means of obtaining the upper hand in litigation while failing to disclose material facts which would be of the utmost importance to a Judge in granting an ex- parte custody order outside of the scope of family violence……. however nothing was done and he of course relied on the fact that his client did not relay the information to him…. even after evidence was produced to show otherwise…still nothing…. and he still uses this tactic in domestic plaintiff at the onset. My point is that be glad you don’t practice there… at least in regards to chatham county there is no order and flexible ethics……
Brian,
I am involved in a similar situation and am appalled! Any chance the attorney’s initials are RBG?
Dear Mr. Foreman,
I have a nephew that has been abusing drugs to the extreme; we have reasons to believe he is attempting against his life. My brother and wife do not know what else to do. They do not want to put him on the street, but at the same time they feel he is a danger for them and my youngest niece. He is 22 years old and has been involved in criminal acts such as possesion, resisting arrest without force, tampering with evidence, etc. However, he has never served jail time. Would it be possible to request a Baker Act or Ex parte on him? The family does not know what else can be done to help him since he is refusing any help.
Thank you in advance for your advice.