Sentences with phrase «proof of abandonment»

Physical estrangement, or living apart, is a necessary element of many legal grounds for divorce as it provides proof of abandonment, irreconcilable differences, or the separation necessary to qualify for no - fault divorce.

Proof of abandonment is evidence, but it still might not be enough.

Not exact matches

Using Facebook's retargeting technology with social proof might be the secret ingredient to turning incidents of visitor abandonment into paying leads.

Yet New York law has one big catch: unless the parties have signed a formal separation agreement it requires proof of cruelty, adultery or abandonment, whereas other states allow «irreconcilable differences» as grounds for a divorce.

Proof of the biological parent's abandonment of the child and «intent to reject parental responsibilities» is necessary for the transfer by the judge of parental rights and responsibilities from the biological parent to the adopted parents.

In the Supreme Court of British Columbia, McEachern CJ stated that «no doubt Aboriginal activities have fallen very much into disuse in many area», but concluded that because the onus of proof rested upon the Crown to show abandonment, «it would be unsafe and contrary to principle to apply the principle of abandonment to such an uncertain body of evidence» [69] McEachern CJ also observed that many «do indeed still hunt and fish and pick berries in season», and the «Court can not permit the Crown to pounce too quickly when there are gradually changing circumstances by treating every absence as an abandonment» [70].

Such an approach to the ultimate burden of proof in relation to cessation is consistent with the onus placed by the common law in relation to assertions of abandonment of possession and easements upon the party setting up an abandonment [71].

(c) the burden of proof in relation to cessation of native title (whether by expiry, abandonment or extinguishment), once a claimant group has adduced evidence as to its current observance and acknowledgment of traditional laws and customs, and as to the connection with the land or waters; and

The Commission seeks leave to submit that the provisions of the NTA which affect the concept (itself not statutory) of abandonment, the concept of traditional laws and customs, the requisite connection with the claimed land or waters, the burden of proof in relation to cessation, and the role of oral testimony in native title claims, amongst others sub-sec 223 (1), must be construed consistently with human rights standards relating to equality before the law [1], the rights of indigenous minorities to practise and revitalise their culture [2], and freedom of religion [3].