Sentences with phrase «custodial decision»

Where the parents are married and not yet divorced, both parents are considered to have custodial decision - making rights.

When a marriage or a relationship that resulted in children dissolves, and the parents are unable to make a child custody determination without court intervention, the court will make the custodial decision.

When the marriage that is dissolving resulted in children, the court makes the custodial decision based on the best interests of the child.

While most parents intend to make custodial decisions based on love and the child's best interests, there may still be disputes over what the child's best interests are and who is best fit to accommodate them.

There are few experiences that are more emotionally driven than reaching custodial decisions about children and determining the financial responsibilities of the parents when that decision is made.

The Convention's Article 19, absent clear and convincing proof of an exception, «leaves custodial decisions to the court of the country of habitual residence.»

While religion is a central theme in this case, Shuber points out that the main issue is not necessarily religion, but rather the custodial parent's desire to raise her child without the interference with and undermining of her custodial decisions by the grandparents.

Similarly, the Ackerman - Schoendorf Scales for Parent Evaluation of Custody (ASPECT) have recently been introduced and the authors claim a 90 percent agreement with judges» custodial decisions as well.

Not exact matches

Being the custodial parent doesn't give you the right to make decisions that disrupt the co-parent's schedule.

Custodial «tugs - of - war» often make it difficult for the court to arrive at a decision that will be best for the child.

The custodial parent is entitled to make major decisions on the child's education, medical care, and other material needs of the child, while the other parent is allowed access to these records.

The decision means Huhne himself will soon join his ex-wife in court for sentencing, where they can expect a short custodial sentence.

Meanwhile, the Progressive People's Party (PPP) is cautioning President John Mahama not to take any decision on the custodial sentencing of the three that might undermine the supremacy of the Supreme Court justices.

People have various reasons for wishing they could undo the decision to fund a custodial account.

This is usually a straightforward decision if you have a divorce decree which names the custodial parent.

-- Finally, the condition is necessary, since none of the less restrictive alternatives provided by the instruments of mutual recognition (such as the Framework Decision 2002 / 584 / JHA on the European Arrest Warrant (FD EAW) or Framework Decision 2008 / 909 / JHA on the mutual recognition of custodial sentences for their cross-border enforcement) could be «equally effective» in ensuring the aim of preventing impunity.

Aside from visitation, the access parent has input on decisions regarding the child, but the final authority is held by the custodial parent.

However, if the custodial parent wants to move across the country because he or she has a job lined up, family in the area, can show what school the child will attend in the area, and can demonstrate how the non-custodial parent will still be involved in the decision making process and still have visitation, the court may allow the custodial parent and the child to leave the state.

This question, in the context of the custodial parent's decision to move out of the country with the child, was examined by -LSB-... read full post]

Therefore, the instruments dealing with such issues, Framework Decision 2008 / 909 / JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences and Framework Decision 2008 / 675 / JHA on the taking into account of previous convictions in MS of the EU, are not applicable.

In the interim, the case provides welcome clarification on when custodial sentences are appropriate and, in reducing the penalty imposed on New Mex, provides a helpful decision on the sentencing range for smaller employers convicted of offences involving a fatality.

Shared custody is relevant to child support only since it does not affect the custodial parent's rights and responsibilities with respect to decision - making.

It is clear from the case that the supervisor's prior convictions and unpaid fines weighed significantly in the court's decision to impose a custodial sentence in a case that might otherwise have attracted a significant monetary penalty but not resulted in jail time.

With sole custody, one parent (custodial parent) will have the responsibility for making all major decisions involving the child.

In Canada, courts generally recognize that the well - being of a child is fundamentally interrelated with the well - being of the custodial parent; indeed, a 1996 Supreme Court of Canada ruling in a case called Gordon v. Goertz established conclusively that judges must apply the «best interests of the child» test in making decisions about whether a parent should be allowed to relocate with a child, which in turn requires an individual, fact - specific assessment.

The custodial parent makes daily decisions, while both parents confer on more substantial decisions.

The courts should be reluctant to interfere with a custodial parent's decision and should do so only if satisfied that it is in the child's best interest.

The court, in reaching its final decision, shall not consider whether the custodial parent seeking to relocate has declared that he or she will not relocate if relocation of the child is denied.

Modification of a child custody agreement can result in a change in the custodial parent, one parent choosing between losing primary custody and a new job, how often the non-custodial parent has access to the child or children, and how much authority each parent would have in making major decisions about the child.

Typically, the custodial parent will also have «final decision making» authority over the other parent, but not always.

However, just today, I have discussed or been involved in three situations in which visitation has been denied because the custodial parent supported the child (ren)'s decision not to visit.

12.1 Major decisions about health care (such as the need for surgery, glasses, contacts, prescription medications, orthodontia, etc., and the need for regular, on - going medical appointments and treatments, etc.) shall be made by the custodial parent.

It is clear from the case that the supervisor's prior convictions and unpaid fines were a significant factor in the court's decision to impose a custodial sentence in a case that might otherwise have attracted a significant monetary penalty but not resulted in jail time.

It also involves the ability of custodial parents to veto, without qualification, any decision that may run against the best interests of the child.

One of the most difficult decisions (and Court applications) a custodial parent can make is the decision to move a child from their current home to a new home sometimes far away — what is known in family law as a «mobility» case.

Wyoming courts do not consider the gender of the parents when making custody decisions, so either the mother or father may be the primary custodial parent.

What rights does a court have over child related decisions when an interim custodial parent has been named?

Despite having sole or final decision making rights for your children, it is strongly recommended that the travel consent letter is signed both by parents with custodial rights and by parents with access rights to the children.

It also entails the ability of custodial parents to veto any decision taken by the other parent that they believe may be deleterious to the well being of the child.

If the person or entity targeted by the decision requests judgment before a court or if the FDF is of the view that the requirements for a prison sentence or custodial measure are met, the matter is referred to the OAG who will bring proceedings before the Federal Criminal Court (article 50 (2) FINMASA).

It is signed primarily by the individual (s) with the legal right to make major decisions for the child (i.e. the custodial parent or guardian); however, even if it is a parent with sole custody who is travelling with the child, to be on the safe side it is recommended that Letter of Consent be filled out by any parent or other individual with access rights.

This form of custody denotes the ability of the custodial parents to make decisions involving the well being of the child.

The Hess decision from (I believe) 1987 was quite clear that regardless of how remote the possibility of a custodial period being imposed, section 7 is offended if there would be no obligation on the prosecution to prove the mental element.

Some of the recent decisions, both from trial and interim applications, awarding equal time shared parenting and joint custody where one parent typically sought to be the sole custodial parent with «access» to the other parent every other weekend are as follows.

The decision to relinquish custodial rights is one that can dramatically affect the life of your child.

The courts may not give any preference to mothers or fathers because there is no presumption in Nebraska that parents of either gender are more fit or more suitable to be custodial parents, make decisions, or provide childcare.

In situations where a parent has full legal and physical custody of a child, the rights of the custodial parent are significant and include the ability to make all or most decisions about a child's day - to - day life.

According to West Virginia Code, Section 48-9-101 and 48-9-102, as a matter of policy, the court's primary concern in allocating custodial and decision - making responsibilities between parents is the best interest of the children.

This article will examine recent decisions concerning the relocation of the custodial parent in sole or primary physical custody arrangements as well as the proposed relocation of a parent in cases involving a joint custodial arrangement, including both joint legal custody and joint physical custody.

If parents share custodial rights through joint legal custody, each parent generally has a right to oppose major decisions related to the minor child's life.