A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 63-15-115 SO AS TO PROVIDE FOR REIMBURSEMENT OF CERTAIN FEES AND COSTS IN ACTIONS INVOLVING PARENTAL ALIENATION, WITH EXCEPTIONS; AND FOR OTHER PURPOSES.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 1, Chapter 15, Title 63 of the S.C. Code is amended by adding:

 

    Section 63-15-115. (A) In an action affecting the parent-child relationship, if the court finds that a party has engaged in behavior constituting parental alienation, the court shall order that the targeted parent be reimbursed by the offending party for:

       (1) all reasonable and necessary attorney's fees incurred by the targeted parent as a direct result of litigating the issue of alienating behavior;

       (2) all costs associated with supervised visitation, reunification therapy, parenting facilitation, counseling, or any other professional services ordered by the court to address or remedy the harm caused by the alienating behavior; and

       (3) all fees charged by court-appointed professionals, including custody evaluators, parenting coordinators, guardians ad litem, or other experts necessitated by the alienating conduct.

    (B) The court may not waive reimbursement of such fees and costs unless it finds by clear and convincing evidence that reimbursement would result in an undue financial hardship on the offending party and that such hardship substantially outweighs the need for accountability in the best interest of the child.

    (C) An order issued under this section is in addition to, and does not limit, any other remedies or sanctions available pursuant to law, including modification of custody, visitation, or parental responsibilities based on the best interest of the child.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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