Family Court Contempt in South Carolina Divorce
Being held in family court contempt sounds like something out of Hollywood. Hence a judge yells “you’re in contempt,” and you spend the night in jail. However, outside of Hollywood, contempt is a fairly extreme measure rarely used. Noojin v. Noojin shows how to find yourself in contempt of a divorce Order and child visitation schedule.
Case Facts
After eight years of marriage, the parents of two children divorced. However, before the final divorce hearing, the couple agreed to joint child custody. While the mother had primary custody, the father would have frequent visitation. In addition, neither was to restrict or hamper one another from seeing the children. And finally, both parents were to foster affection between children and the other. Subsequently, father sought family court contempt after a couple of years claiming the mother was violating the Agreement.
In 2011, Father had only one full weekend and four partial weekends out of twenty. Furthermore, he had no days during Spring break and only one of two days for Father’s Day. In addition, he had no days for Thanksgiving, and only two of ten days for Christmas. Because this pattern continued in 2012 and 2013, the family court held the mother in contempt. As a result, she had to pay $41,375.84 in attorney’s fees and costs to the father. Consequently, the mother appealed but lost. Given the facts, the Court upheld that the mother was in family court contempt.
Avoiding Contempt
So how do you avoid family court contempt? First of all, obey and follow all court Orders. Duh. However, if you don’t like the terms of the court Order, give us a call. Maybe we can help change it. Even if we cannot, we can show you how to stay out of trouble. Better to be safe now than sorry later.
After all, you don’t want to end up frazzled like our dog Sassy. While she may look innocent, you can tell she has probably done something. For more information about South Carolina divorce, call our firm and let’s start the next chapter in your life.