Sentences with phrase «consider changes in circumstances»

Retirement, at or after the age of 65, is generally considered a change in circumstances which requires a review and possibly modification of alimony.

Not exact matches

If their risk appetites or circumstances change over time, investors can consider reallocating their investment portfolio and selling non-core investments in the secondary market.

Research published in the International Journal of Work Organisation and Emotion, considers the impact of such changes on workers in a healthcare authority in New Zealand, highlighting the problems that any organization might face under such circumstances and pointing to possible methods to cope and remediate employee stress.

Second, state and local circumstances must be very carefully considered in advance of introducing changes.

In a 5 - 4 decision, the court decided in Horne v. Flores that the lower courts didn't fairly consider «changed circumstances» that had occurred since parents in the Nogales, Ariz., school district had filed the original lawsuit in U.S. District CourIn a 5 - 4 decision, the court decided in Horne v. Flores that the lower courts didn't fairly consider «changed circumstances» that had occurred since parents in the Nogales, Ariz., school district had filed the original lawsuit in U.S. District Courin Horne v. Flores that the lower courts didn't fairly consider «changed circumstances» that had occurred since parents in the Nogales, Ariz., school district had filed the original lawsuit in U.S. District Courin the Nogales, Ariz., school district had filed the original lawsuit in U.S. District Courin U.S. District Court.

(2) A military activity carried out by DOD as of the effective date of these regulations and specifically identified in the section entitled «Department of Defense Activities» of the FMP / FEIS is not considered a pre-existing activity if: (i) It is modified in such a way that requires the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act, 42 U.S.C. 4321 et seq., relevant to a Sanctuary resource or quality; (ii) It is modified, including but not limited to changes in location or frequency, in such a way that its possible adverse effects on Sanctuary resources or qualities are significantly greater than previously considered for the unmodified activity; (iii) It is modified, including but not limited to changes in location or frequency, in such a way that its possible adverse effects on Sanctuary resources or qualities are significantly different in manner than previously considered for the unmodified activity; or (iv) There are new circumstances or information relevant to a Sanctuary resource or quality that were not addressed in the FMP / FEIS.

Developments in technology, changes in energy generation and land use, global and regional economic circumstances and population growth must also be considered.

Analysts say circumstances have changed that make it easier for the two countries to seriously consider emissions reductions, after a major U.N. climate meeting in Copenhagen five years ago ended without significant cuts to greenhouse gases.

If the child is 14 then the child's desire to select the parent may be considered as the «material change in circumstances».

Re A (a Minor)[2007] EWCA Civ 1383 and [2007] All ER (D) 376 (Dec) the court held that when considering whether or not to grant such leave, the welfare of the child is a relevant consideration but not paramount, but before the permission discretion can be triggered, the «change in circumstances» must be sufficient to «have a real prospect of success» of reversing the court approved care plan already in place.

Whether or not there is a denial of natural justice in the event of such a departure is a matter that must be considered in light of all the circumstances, including whether or not the person affected was given notice of the change in procedure before the decision was made, and whether it could be said that the person affected had been given a fair hearing in spite of him or her not being given an oral hearing (para. 43).

The recent changes now provide that WorkSafeBC may consider a stop work order in two circumstances:

He argued that the court did not adequately consider Vincent's alleged «divorce decree violations» and her relocation as evidence of a material change in circumstances.

Now that we have covered the laws on modifying a child custody order in Arizona, let's talk about one common change in circumstances that will almost always be considered a substantial and continuing change in circumstances to modify a child custody order — a parent is moving to another state.

(2) Regarding the termination of TSCG, which was, like in the TESM, not directly foreseen by the treaty, the court argued that a change of circumstances would certainly allow a termination through Art. 62 VCLT and it even considered the termination under Art. 56 (1)(b) VCLT possible out of democratic reasons.

[10] «(d) a group shall be considered to form a particular social group where in particular: members of that group share an innate characteristic, or a common background that can not be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it, and that group has a distinct identity in the relevant country, because it is perceived as being different by the surrounding society; depending on the circumstances in the country of origin, a particular social group might include a group based on a common characteristic of sexual orientation.

This is especially important when considering chapter 11, because under some circumstances chapter 11 can result in the change of ownership in a business or create an opportunity for creditors to take over a business.

In considering Sawar, Mr Justice Foskett took the view that the solicitor's advice to the claimants in each case may be relevant to the circumstances of their decision to change to a CFA, but that the advice should not be judged by the standards of negligencIn considering Sawar, Mr Justice Foskett took the view that the solicitor's advice to the claimants in each case may be relevant to the circumstances of their decision to change to a CFA, but that the advice should not be judged by the standards of negligencin each case may be relevant to the circumstances of their decision to change to a CFA, but that the advice should not be judged by the standards of negligence.

On appeal to the High Court, Mr Justice Foskett (with Senior Master Gorden - Saker sitting as assessor) considered whether the change of funding methods was a reasonable decision in the circumstances.

The factors considered by the Court in a custody or access order variation are any material changes in the condition, means, needs and other circumstances since the making of the original order.

It is very important to obtain early legal advice about changes in employment arrangements, since some circumstances, on the careful and complete evaluation by a legal adviser, may be considered to comprise constructive dismissal.

(c) A change of the residence or the removal of a child as described in subsection (a) may be considered a material change of circumstances which justifies modification of a prior order of legal custody, residency, child support or parenting time.

If a parent awarded joint legal custody and physical care or sole legal custody is relocating the residence of the minor child to a location which is one hundred fifty miles or more from the residence of the minor child at the time that custody was awarded, the court may consider the relocation a substantial change in circumstances.

As with varying past child support, the change in circumstances must be a material change even where matters are to be considered prospectively: Bockhold v. Bockhold, 2006 BCCA 472 at para. 34.

Grounds C (Financial Disclosure) and D (Obligation to Earn to Capacity) fall within ground B: they are two factors to consider when assessing whether the applicant has proven a significant and long - lasting change in circumstances due to a reduction in income.

The Divisional Court had considered the question to be whether circumstances had changed since the original sentence was passed, suggesting the DPP must first consider whether there had been a change of circumstances, and, if so, refer the case in the interests of justice.

A change in circumstances may include a change in the income of the parents, the application of a parenting plan, the failure to comply with a parenting plan or a change in the expense of child rearing specifically considered in the Guidelines.

L'Heureux - Dube J. quoted from her concurrence in Willick where she directed courts to consider the objective circumstances in assessing the sufficiency of the change.

A court must consider whether there has been a change in the conditions, means, needs or other circumstances of either former spouse since the making of the spousal support order.

While the summary trial judge erred in principle when he failed to apply s. 17 of the Divorce Act in considering variation of the spousal support order, it was clear that there had been a material change in circumstances and the Court agreed with the judge's conclusion that arrears should be cancelled.

The Court considered that the summary trial judge did not refer to statutory authority for making this order, nor did he explicitly consider the extent of the material change in circumstances.

If a reserve fund is to be established, provision should be made for considering future changes in circumstances.

In determining her position on a request to vary any condition in a bail order, a Prosecutor should consider whether there has been a change in circumstances that warrants a variation to the condition subject to consideration of the same factors set out abovIn determining her position on a request to vary any condition in a bail order, a Prosecutor should consider whether there has been a change in circumstances that warrants a variation to the condition subject to consideration of the same factors set out abovin a bail order, a Prosecutor should consider whether there has been a change in circumstances that warrants a variation to the condition subject to consideration of the same factors set out abovin circumstances that warrants a variation to the condition subject to consideration of the same factors set out above.

The court can not retry the case, substituting its discretion for that of the original judge; it must assume the correctness of the decision and consider only the change in circumstances since the order was issued....

[22] The preliminary issue which the claimant has raised and I must consider is whether there has been a material change in circumstance in order for the court to consider the respondent's application to vary the terms of the parties» settlement agreement.

[31] Although this Court has yet to consider s. 47 of the FLA, the Supreme Court has consistently interpreted this provision as requiring a material change in circumstances: see for example, Gilmour v. Herrick, 2013 BCSC 1591 at para. 13; Bradley v. Bradley, 2015 BCSC 1587 at paras. 21 - 23; and, J.D.C. v. K.L.M.F.C., 2014 BCSC 2182 at paras. 261 - 262.

After considering the authorities submitted I find, having regard to the horrific circumstances of this accident, the nature of the injuries, the ongoing pain and the residual permanent disability which has resulted in a devastating change in the Claimant's quality of life, that he is entitled to non-pecuniary damages of $ 175,000.

The Parliament of Canada recently amended the law of self - defence to simplify its application, but in the coming years, those changes, like any to the law, will create opportunities for lawyers to invite the Courts to consider new contexts and circumstances that may justify the defence.

This may change in future since legislative proposals are currently being considered to provide shareholders with the right to decide how long poison pills will remain in effect, and the regulators would intervene only in extraordinary circumstances.

The change in circumstances must be supported (proof provided) with written documentation in order for the court to consider your request.

Then, consider the circumstances in your life that have changed and that can affect your insurance rates.

Nevertheless it doesn't change the general wisdom of considering your financial circumstances and the appropriateness of life insurance in your 40s for your retirement planning, wealth management and estate planning needs.

There are many factors that are considered when it comes to varying a spousal support order or determining whether there has been a material change in circumstances.

The negotiation of contracts for 2005 - 06 will allow each CDEP organisation to consider and discuss how it can implement these changes in its own local circumstances.

Once you have a divorce judgment, then your order is considered «permanent» and you have to show a «change in circumstances» to be able to change your order.

Under Michigan law, courts will not consider modification of child support obligations unless there has been a significant change in circumstances since the last order was established.

Typically, demonstrating a substantial change in circumstances since the decree was established is all that is necessary, and the court will likely consider cohabitation as a substantial change, depending on the circumstances.

The court considers modification of a custody order when one of the parents proves a significant change in circumstances, so that the order is no longer in the child's best interests.

For other cases holding that proposed relocation requests which would result in the effective termination of a shared physical custodial arrangement should be treated as a modification of custody, see, e.g., Lewellyn v. Lewellyn, 351 Ark. 346, 93 S.W. 3d 681 (2002)(both mother and father petitioned for sole custody of children after mother's proposed relocation would make parties» shared physical custodial arrangement unworkable; court found that mother's relocation constituted material change of circumstances warranting award of sole custody to father, even though such a relocation would not be considered a material change in circumstances in a case that did not involve shared physical custody), and In re Marriage of Garst, 955 P. 2d 1056 (Coloin the effective termination of a shared physical custodial arrangement should be treated as a modification of custody, see, e.g., Lewellyn v. Lewellyn, 351 Ark. 346, 93 S.W. 3d 681 (2002)(both mother and father petitioned for sole custody of children after mother's proposed relocation would make parties» shared physical custodial arrangement unworkable; court found that mother's relocation constituted material change of circumstances warranting award of sole custody to father, even though such a relocation would not be considered a material change in circumstances in a case that did not involve shared physical custody), and In re Marriage of Garst, 955 P. 2d 1056 (Coloin circumstances in a case that did not involve shared physical custody), and In re Marriage of Garst, 955 P. 2d 1056 (Coloin a case that did not involve shared physical custody), and In re Marriage of Garst, 955 P. 2d 1056 (ColoIn re Marriage of Garst, 955 P. 2d 1056 (Colo..

Requests for change should be based on a change in the circumstances of the family or the needs of the child and each request is considered on an individual basis.