Preparing the Order
If you are designated by the court to prepare the order, there are several things to keep in mind. Though you are generally given 30 days to submit the order to the court, judges may sometimes give you a shorter timeline. Meet the judge’s timeline.
Take extensive notes in the hearing. If there is something that you did not hear properly or that you need clarified, ask the court for clarification in the hearing. It is much easier to seek clarification at that time than to modify an inaccurate or incomplete order.
It is professional courtesy in South Carolina to send the order to the opposing counsel before sending the order to the court so that they have time to approve or object. If the other party is pro se, the order should be sent to the opposing party at the time it is submitted to the court, if not before. Avoid ex parte communication during the process.
The Order and Your Client
The Order is not final until signed. Though your client or the opposing council may want to begin visitations before this, neither side can be held in contempt of an unsigned order. Balance the desire for a smooth, amicable transition with the risk of the other party taking advantage of the situation in limbo.
Explain the Order to your client in layman’s terms, orally and in writing. A bulleted letter to your client that clarifies the expectations and requirements of each party, along with consequences of willful violation, is a great practice to follow. The legal language that is second nature to attorneys may be intimidating or impenetrable to those outside the field. Given the grave consequences of violating the court’s Order, it is critical to ensure your client fully understands each party’s rights and responsibilities.
If your client willfully violates the Order, the other party may file a Rule to Show Cause to establish willful contempt of court. Willful contempt requires purposeful violation of the Order. A client found in willful contempt at the show cause hearing may be sentenced to jail time, community service, fines, or loss of custody or visitation rights.
Generally the party bringing the Rule to Show Cause will ask for attorney’s fees, and South Carolina courts are much more likely to award attorney fees in a show cause than an initial hearing.