Latest Case: DJ v. CJ (Family Law)

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DJ v. CJ

Docket: SCWC-17-0000027

Opinion Date: April 13, 2020

Judge: Sabrina S. McKenna

Areas of Law: Family Law

The Supreme Court affirmed the intermediate court of appeals' (ICA) amended judgment remanding this custody case to the family court for further proceedings, holding that the ICA did not err by holding that the family court abused its discretion in denying Father's request for a continuance to seek the assistance of an attorney. Mother filed a motion for post-decree relief requesting sole physician and joint legal custody of the parties' two minor children so that she could relocate to North Carolina. Both parties proceeded to trial without attorneys. Father, who had a Tagalog interpreter available at trial, experienced difficulty cross-examining witnesses and orally requested a continuance so that he could obtain the assistance of an attorney. The family court denied as untimely Father's motion. The court then ruled that it was in the children's best interests to relocate with Mother. The ICA vacated the family court's ruling. The Supreme Court affirmed, holding that the family court abused its discretion in denying Father's motion for a continuance.