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· 11/6/2019

Kosciusko v. Parham

Syllabus

In this family court action, Robert Kosciusko (\Father\) sought a finding of contempt against Alice Witherspoon Parham Casey (\Mother\) for alleged violations of an order confirming an arbitration award concerning child custody and visitation. Father argues the family court erred in dismissing his contempt action by: 1) finding that it lacked subject matter jurisdiction to enforce the family court's prior order confirming the arbitration award 2) failing to find that Mother was estopped from challenging the award and waived any objection to the enforceability of the order confirming the award 3) refusing to enforce the unappealed order of a different family court judge confirming the arbitration award and 4) refusing to enforce the order confirming the arbitration award when South Carolina's public policy favors alternative dispute resolution and the widespread practice in the state includes voluntary arbitration of children's issues. As an additional sustaining ground, Mother argues Father failed to meet his burden of proof in the underlying rule to show cause motion. We affirm.

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