Vacating court approved agreements
Posted Saturday, May 12th, 2018 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, South Carolina Specific
Most family law attorneys will occasionally get contacted by an unhappy litigant who wishes to “appeal” his or her court approved agreement. The simple answer
Smith case reveals judges do more than simply call balls and strikes
Posted Friday, May 11th, 2018 by Gregory Forman
Filed under Jurisprudence, Not South Carolina Specific, Of Interest to General Public
After I posted my blog on the May 9, 2018 South Carolina Supreme Court opinion in SCDSS v. Smith to Facebook, a number of
Posted Wednesday, May 9th, 2018 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The May 9, 2018 Supreme Court opinion in SCDSS v. Smith, 423 S.C. 60, 814 S.E.2d 148 (2018), reverses a 2017 Court of Appeals opinion, terminates father’s
Unpublished Conits opinion reveals the dangers of lackadaisical litigating
Posted Monday, May 7th, 2018 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
After three published opinions in Conits v. Conits, one a refiled Supreme Court opinion, on May 2, 2018 the Court of Appeals issued an unpublished
Posted Wednesday, May 2nd, 2018 by Gregory Forman
Filed under Child Custody, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The May 2, 2018 Court of Appeals opinion of Clark v. Clark, 423 S.C. 596, 815 S.E.2d 772 (Ct. App. 2018), is one of the rare
Three methods of reducing the impact of an unfavorable guardian ad litem report
Posted Friday, April 20th, 2018 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
The typical response of an unhappy litigant to an unfavorable guardian ad litem report is to accuse the guardian of bias. While in rare instances
Posted Wednesday, April 18th, 2018 by Gregory Forman
Filed under Appellate Procedure, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
On April 18, 2018, almost four months after the South Carolina Supreme Court remanded the appeal of Stoney v. Stoney back to the Court of
Attorney-client privilege’s crime-fraud exception in family court
Posted Monday, April 16th, 2018 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Law Attorneys
The recent FBI search of the records of Michael Cohen, President Trump’s attorney, has raised issues of attorney-client privilege and the crime-fraud exception to that
Supreme Court issues slightly modified opinion in Ex-Parte: Carter
Posted Wednesday, April 11th, 2018 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
On April 11, 2018 the Supreme Court issued a slightly modified opinion of its March 21, 2018 decision in Ex-Parte: Carter, 422 S.C. 623, 813 S.E.2d
Supreme Court authorizes collateral attack on adoption due to significant procedural irregularities
Posted Wednesday, March 21st, 2018 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
N.B. the opinion discussed below was subsequently slightly modified. See Supreme Court issues slightly modified opinion in Ex-Parte: Carter. The phrase Kafkaesque is an overused cliche