Sentences with phrase «clear abuse of discretion»

The Arizona Court of Appeals added that to change a previous custody order, the family court must determine that there has been a material change in circumstances affecting the welfare of the child and they will not disturb the family court's decision without a clear abuse of discretion.

Not exact matches

In these circumstances, we are clear in our minds that the decision by the newly appointed AG to exercise her discretion to file a Nolle Prosequi in this matter is an abuse of discretion, it is capricious, it is an abuse of due process and it is not candid.

The CBP may be incorrectly interpreting the EO (which even the administration is not clear about) and therefore violating the law as applied because the EO does not actually authorize their action or because the way that they interpreted the EO was an abuse of their discretion.

`... The exercise of that discretion will not be disturbed on appeal absent a clear showing of abuse.

The court stated that the bylaws of an organization will not be scrutinized or interfered with unless there has been an abuse of discretion and a clear, unreasonable, and arbitrary invasion of private rights.