South Carolina Code 63-15-364. Enforcement petition
(B) A petition for enforcement of a child custody determination must state:
Terms Used In South Carolina Code 63-15-364
- Child: means an individual who has not attained eighteen years of age. See South Carolina Code 63-15-302
- Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See South Carolina Code 63-15-302
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See South Carolina Code 63-15-302
- Issuing court: means the court that makes a child custody determination for which enforcement is sought under this article. See South Carolina Code 63-15-302
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, governmental agency or instrumentality, public corporation, or any other legal or commercial entity. See South Carolina Code 63-15-302
- Physical custody: means the physical care and supervision of a child. See South Carolina Code 63-15-302
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See South Carolina Code 63-15-302
(1) whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;
(2) whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this article and, if so, identify the court, the case number, and the nature of the proceeding;
(3) whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;
(4) the present physical address of the child and the respondent, if known;
(5) whether relief in addition to the immediate physical custody of the child and attorney’s fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and
(6) if the child custody determination has been registered and confirmed under § 63-15-358, the date and place of registration.
(C) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.
(D) An order issued under subsection (C) must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under § 63-15-372, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:
(1) the child custody determination has not been registered and confirmed under § 63-15-358 and that:
(a) the issuing court did not have jurisdiction under Subarticle 2;
(b) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under Subarticle 2;
(c) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 63-15-314, in the proceedings before the court that issued the order for which enforcement is sought; or
(2) the child custody determination for which enforcement is sought was registered and confirmed under § 63-15-356, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subarticle 2.