Agreement Vs Court Order

If you are in violation of a court order or agreement (don`t do what it says): Even if spouses, ex-spouses, or people with children in common reach an agreement on domestic matters, it is important that the agreement is turned into a court order. If there is no ongoing litigation in the family court, a party to the agreement must file an appeal with the family court to obtain judicial authorization for the agreement. This party must file an appeal to obtain judicial authorization for the agreement, have the complaint brought by the other party, wait thirty days or wait for the other party to respond to the complaint (whichever happens first) and then participate in a hearing before a family judge during which the judge questions one or both parties about the agreement and approves the agreement. Finally, an order must be drafted, signed by the judge and filed with the Office of the Family Clerk. Only then will the agreement be binding and enforceable. The Supreme Court can issue a non-compliance order if you don`t follow a court order over and over again. The court will allow any parent at any time to sue and bring an action for custody of the children. And at this point, you would start from scratch. It will wipe the slate cleanly. The judge will take a fresh look at your child custody situation and issue a brand new detention order. Such agreements are often reached through mediation before a dispute is initiated. If a lawyer is the person conducting the mediation, that attorney is bound by the requirements of the South Carolina Rule of Professional Conduct 2.4.

Posted in Uncategorized