Sentences with phrase «parenting orders made by the court»

Note 1: This section states the legal position that prevails in relation to parental responsibility to the extent to which it is not displaced by a parenting order made by the court.

Not exact matches

If one parent in a joint legal custody arrangement takes decision - making powers away from the other parent (perhaps by making unilateral decisions about a child's education), the other parent can go back to court to get a judge to enforce the joint legal custody order.
Child support payments must be made regularly, and if a noncustodial parent fails to make ordered payments, then the court's probation division will help the custodial parent receive the amount owed by filing a motion with the family court.
• (a) and (b) do not directly relate to the parent's statement; • (c) a legal practitioner is entitled to advise a client of (i) the provisions and import of s 98 of the 1989 Act and (ii) the ability of the police and / or a co-accused to make application for disclosure into the criminal proceedings of statements, reports and documents filed in the care proceedings; • (d) it is wholly inappropriate and potentially a contempt of court, however, for a legal practitioner to advise a client not to comply with an order made in care proceedings; • (e) it is wholly inappropriate and potentially a contempt of court for a legal practitioner to advise a client not to give a full, accurate and comprehensive response to the findings of fact sought by a local authority in the threshold criteria document.
Parenting coordination provides an alternative dispute resolution process whereby an impartial third person called a parenting coordinator assists the parties in developing or implementing their parenting plan by facilitating the resolution of disputes in high conflict cases, providing education and making recommendations to the parties, and, with the prior consent of the parties and approval of the court, making limited decisions within the scope of the order of Parenting coordination provides an alternative dispute resolution process whereby an impartial third person called a parenting coordinator assists the parties in developing or implementing their parenting plan by facilitating the resolution of disputes in high conflict cases, providing education and making recommendations to the parties, and, with the prior consent of the parties and approval of the court, making limited decisions within the scope of the order of parenting coordinator assists the parties in developing or implementing their parenting plan by facilitating the resolution of disputes in high conflict cases, providing education and making recommendations to the parties, and, with the prior consent of the parties and approval of the court, making limited decisions within the scope of the order of parenting plan by facilitating the resolution of disputes in high conflict cases, providing education and making recommendations to the parties, and, with the prior consent of the parties and approval of the court, making limited decisions within the scope of the order of referral.
In HH v DB, 2016 ABQB 164 (CanLII), Justice J.S. Little dealt with Ms H's appeal of a parenting order made in Provincial Court, where she was represented by counsel and Mr B was not.
Parents making an application for a Parenting Order in the Court of Queen's Bench are often represented by a lawyer.
Can courts delegate actual judicial decision - making functions to Parenting Coordinators, in order to by - pass the need to repeatedly bring parenting - related disputes back before tParenting Coordinators, in order to by - pass the need to repeatedly bring parenting - related disputes back before tparenting - related disputes back before the court?
You may have been faithfully paying child support and spending parenting time with your child since birth, but you have no legal rights until they are established by a court order granting you legal decision making, custody, and parenting time.
Parenting coordination is a court ordered, child - focused dispute resolution process in which a Parenting Coordinator is appointed to assist high conflict parties by accessing and managing conflicts, redirecting the focus of the parties to the needs of the child, and educating the parties on how to make decisions that are in the best interest of the child.
The obligation of the Court to make the order it determines best represents the child's interests can not be ousted by the insistence of an intransigent parent who is «blind» to her child's interests.
The second is that where the court makes an express order requiring the parent with care to comply with contact arrangements, and that order is breached, then, in the interests of consistency, the judge must support the order by considering enforcement, either under the enforcement provisions in section 11J of the 1989 Child Act or by contempt proceedings.
(1.3) A child shall be taken into temporary custody by a law enforcement officer without order of the court when there are reasonable grounds to believe the child has run away from the child's parents, guardian, or legal custodian and the child's parents, guardian, or legal custodian has made a report to a law enforcement agency that the child has run away from home.
The Act, whose stated «purpose... is to provide safer communities by creating administrative and court processes that can be used to address and prevent cyberbullying,» (s. 2) makes it possible for persons who consider that they are being the victims of cyber-bullying (or for their parents and police officers, if they are minors) to apply for an order that can include prohibitions against its target communicating with or about the applicant, or using specified electronic services or devices.
The court initially entering an order requiring one or both parents to make child support payments has continuing jurisdiction after the entry of the initial order to modify the amount and terms and conditions of the child support payments if the modification is found by the court to be in the best interests of the child; when the child reaches majority; if there is a substantial change in the circumstances of the parties; if s. 743.07 (2) applies; or when a child is emancipated, marries, joins the armed services, or dies.
Joint legal custody is usually ordered by the court to give parents equal say regarding important decisions made on behalf of the children.
If you breach the parenting order by failing to return the child / ren as required, a court may also make a recovery order.
Parenting orders are a set of orders made by a court about parenting arrangements forParenting orders are a set of orders made by a court about parenting arrangements forparenting arrangements for a child.
(1) This rule applies if an application is made to the Court for a parenting order by consent in relation to a family law proceeding.
If ordered by the Court, the family assessor can explain the orders made by a court to children and the reasons for the orders or parenting arrangements decided Court, the family assessor can explain the orders made by a court to children and the reasons for the orders or parenting arrangements decided court to children and the reasons for the orders or parenting arrangements decided upon.
Note 2: This section does not establish a presumption to be applied by the court when making a parenting order.
It is different from a parenting order, which is made by a court.
Note 2: For additional obligations when an application is made to the Court for a parenting order by consent, see rule 13.04 A.
1.10 The Court and Children's Contact Services recognise that parents sometimes mistakenly assume orders made by the Court are binding on the Children's Contact Service.
It is different from a parenting order, which is made by the Court.
A parenting order is a set of orders made by a court about parenting arrangements for a child.
Unless the Court orders otherwise, you and your former partner can agree to change a parenting order (made on or after 1 July 2006) by entering into a parenting plan.
(1) Paragraph 60CC (3)(a) requires the court to consider any views expressed by a child in deciding whether to make a particular parenting order in relation to the child.
The Courts have powers under Part VII - Division 6 of the Family Law Act 1975 in appropriate circumstances to make an order restricting a parent or other person from removing a child from Australia by adding them to the airport watch list.
1.9 The guideline recognises the Court's ability to make suitable orders is limited to issues, based on evidence, which have been put before it by the parents and / or an Independent Children's Lawyer as to why a particular order should or should not be made.
A parenting order is made by a court.
A copy of the current parenting order (including any consent order) made by the Court or any parenting plan
Generally, Consent Orders that can be made by a court fall into two categories — parenting orders and financial oOrders that can be made by a court fall into two categories — parenting orders and financial oorders and financial ordersorders.
FAMILY LAW — CHILDREN — Best interests — Where both parents seek sole parental responsibility and for the child to live with them — Where the respondent mother believes the child would settle down and accept the arrangement if the court ordered for the child to spend no time with applicant father — Where the court has a statutory mandate to make parenting orders with the child's best interests as the paramount concern — Where there is little doubt that the child would benefit from having a meaningful relationship with both parents — Where the child's clear views that he does not want to spend time with the respondent mother should be given significant weight in the circumstances — Where the child is of an age, maturity and intelligence to have principally formed his own rationally based views — Where the court is satisfied that it is in the child's best interests for the presumption of equal shared parental responsibility to be rebutted — Where the respondent father is to have sole parental responsibility and the child is to live with him — Where the applicant mother is permitted to attend certain school and sporting events of the child — Where the child should be able to instigate contact with the respondent mother as he considers appropriate to his needs and circumstances — Where the orders made are least likely to lead to the institution of further proceedings in relation to the child — Where the child is to have the outcome of these proceedings, the effect of the orders and the reasons for judgment explained to him by an expert as soon as reasonably practical.
Family violence orders may affect orders made by the courts, especially parenting orders about a child spending time with a parent or another person.
RCW 26.09.260 (5) provides that: The court may order adjustments to the residential aspects of a parenting plan upon a showing of a substantial change in circumstances of either parent or of the child... if the proposed modification is only a minor modification in the residential schedule that does not change the residence the child is scheduled to reside in the majority of the time and: (a) Does not exceed twenty - four full days in a calendar year; or (b) Is based on a change of residence of the parent with whom the child does not reside the majority of the time or an involuntary change in work schedule by a parent which makes the residential schedule in the parenting plan impractical to follow; or (c) Does not result in a schedule that exceeds ninety overnights per year in total, if the court finds that, at the time the petition for modification is filed, the decree of dissolution or parenting plan does not provide reasonable time.
The order may require that payments are made directly to the other parent or collected and distributed by the clerk of the court or State Disbursement Unit.
Child custody orders can be made by a court or by the child's parents in an agreement approved by the court, such as a divorce settlement.
These services are typically court ordered as a child - focused alternative dispute resolution process in which a specialized professional with mediation training and experience assists high conflict parents to implement their parenting plan by assisting the parents in the resolution of their disputes, educating parents about children's needs, and with prior approval of the parties and / or the court, and in some states making decisions within the scope of the court order or appointment contract.
A parenting plan is an order made by the court, and it determines the «residential schedule» for your children — in other words, how long the child will spend with each parent.
(c) an undertaking given to, and accepted by, the court in proceedings under this Act other than proceedings that relate wholly or partly to, or to the making of, a parenting order; or
Where a recipient of Deserted Wife's Benefit, Deserted Wife's Allowance, Lone Parent's Allowance or One - Parent Family Payment is receiving maintenance payments by way of a Family Law Court Order, (either a Family Law Maintenance Order or a Separation Agreement which has gone through the court and has a Maintenance clause in it) and those maintenance payments have not been assessed in deciding his / her rate of payment, then s / he is liable to transfer any payments received to the Minister for Employment Affairs and Employment Affairs and Social Protection, including any payments made in respect of chilCourt Order, (either a Family Law Maintenance Order or a Separation Agreement which has gone through the court and has a Maintenance clause in it) and those maintenance payments have not been assessed in deciding his / her rate of payment, then s / he is liable to transfer any payments received to the Minister for Employment Affairs and Employment Affairs and Social Protection, including any payments made in respect of chilcourt and has a Maintenance clause in it) and those maintenance payments have not been assessed in deciding his / her rate of payment, then s / he is liable to transfer any payments received to the Minister for Employment Affairs and Employment Affairs and Social Protection, including any payments made in respect of children.
The main purpose of the Act is to amend the Adoption Act 2010 to provide: • that married parents may place a child for adoption, on a voluntary basis, in circumstances where both parents place the child for adoption and where both parents consent to the making of the adoption order; • for revised criteria so that where an application to adopt a child is made in respect of a child who is in the custody of and who has had a home with the applicants for a period of at least 18 months, and where that child's parents have failed in their parental duty towards that child for a continuous period of not less than 36 months, the High Court may dispense with parental consent and authorise the Adoption Authority to make an adoption order in respect of that child; • that the best interests of the child is the paramount consideration in relation to any matter, application or proceedings under the Adoption Act 2010 and that the views of the child shall be ascertained by the Adoption Authority or by the court, as the case may be, and shall be given due weight, having regard to the age and maturity of the cCourt may dispense with parental consent and authorise the Adoption Authority to make an adoption order in respect of that child; • that the best interests of the child is the paramount consideration in relation to any matter, application or proceedings under the Adoption Act 2010 and that the views of the child shall be ascertained by the Adoption Authority or by the court, as the case may be, and shall be given due weight, having regard to the age and maturity of the ccourt, as the case may be, and shall be given due weight, having regard to the age and maturity of the child.
However a child can not be placed for adoption unless either the parents (who have parental responsibility) have given their formal consent to this (which must be witnessed by an officer of the court) or the court has made a placement order.
Remember, even if there is a plan for adoption, a child can not be placed for adoption against the wishes of the parents without a placement order being made by the court.
By Lisa Gelman A recent Ontario decision outlines when a court might make an adoption order — even if the biological parents do not agree to such an order.
Parents making an application for a Parenting Order in Provincial Court do not need to be represented by a lawyer.
In contemplating a proposed joint custody order, the best interests of the child standard obliges the court to ensure that the parents have assessed all components of their joint agreement, * 803 that they are committed to making it work, that their proposal fully addresses the many contingencies, and that there is no reason to believe that the child's interests will not be served by the arrangement.
Parents making an application for a Parenting Order in the Court of Queen's Bench are often represented by a lawyer.
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