The parent beginning his /
her custodial period shall be responsible for transporting the child from the other parent's home or school or agreed upon exchange site.
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.
The proprietor was also sentenced to five days in jail for providing false information, meaning a total
custodial period of 15 days was imposed.
Section 743.21 sets out that the sentencing judge may issue an order prohibiting the offender from communicating, directly or indirectly, with any victim, witness or other person identified in the order during
the custodial period of the sentence, except in accordance with any conditions specified in the order that the sentencing judge considers necessary.
Thus a total
custodial period of 15 days was imposed.
In Dalton v. Dalton, the Superior Court affirmed the trial court's refusal to deviate downward to compensate for direct expenditures made by the non-primary custodial parent during
his custodial periods.
Not exact matches
(1) A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or
custodial The definition of dating is marking, assigning or recording with a date, or showing that something is typical for a certain time
period.
Length of Benefit
Period: Individuals 65 and older have approximately a 70 percent chance of needing some type of custodial care over a period of three years or
Period: Individuals 65 and older have approximately a 70 percent chance of needing some type of
custodial care over a
period of three years or
period of three years or less.
Still, when negotiating custody / visitation agreements with flaky non-
custodial parents it might be best to insist on language that, «The non
custodial parent shall return the child's items that were sent with the child at the beginning of the visitation
period to the
custodial parent at the end of each visitation
period.»
Similarly, during the summer
period when the children are with the
custodial parent for more than two (2) consecutive weeks, the non-
custodial parent's regular parenting time continues, which includes alternating weekends and mid-week parenting time, unless impracticable because of distance created by out of town vacations.
For a child under 3 years of age, the noncustodial parent shall have the option to exercise parenting time, in the community of the
custodial parent, up to two five hour
periods each week.
What is notable about the case is that the Workers» Compensation Board sought a significant
period of incarceration notwithstanding that
custodial sentences for civil contempt are approached with the same reservation as
custodial sentences for health and safety offences.
The notice is required for all proposed moves by
custodial and non
custodial parents in all cases when the proposed move involves a change of the primary residence for a
period of at least sixty (60) days.
(ii) Judges should try to avoid consecutive sentences if that is at all possible and adjust the
custodial term or minimum
period within concurrent sentences to reflect the overall criminality if that is possible within other sentencing constraints.
If an indication is given, the judge should make it clear that if the defendant is later assessed as «dangerous», the sentences mandated by CJA 2003 — an indeterminate or extended sentence — will be imposed and that, if the accused is assessed as dangerous, the indication can only relate to the notional determinate term which will be used in the calculation of the minimum specified
period the offender would have to serve before he may apply to the Parole Board to direct his release or, in a case where an extended sentence is the only lawful option, it will relate to the appropriate
custodial term within the extended sentence — that is, the indication does not encompass the length of any extension
period during which the offender will be on licence following his release.Criminal Justice Act 2003 (Commencement No 16) Order 2007 (SI 2007/1999) Section 29 of CJA 2003 creates (in the case of public prosecutions only) a new method of commencing criminal proceedings — written charge and requisition, to replace laying an information and issuing a summons.
The issuing Member State shall deduct all
periods of detention arising from the execution of a European Arrest Warrant, from the total
period of detention to be served (in the issuing Member State) as a result of a
custodial sentence or detention order being passed.
(v) If the offender is later assessed as «dangerous», the indication can only relate to the notional determinate term which will be used in the calculation of the minimum specified
period the offender would have to serve before he may apply to the Parole Board to direct his release; or, in a case where an extended sentence is the only lawful option, it will relate to the appropriate
custodial term within the extended sentence — that is, the indication does not encompass the length of any extension
period during which the offender will be on licence following his release.
The request has been made in proceedings between JZ (Requested Person) and the Prosecutor for the District of Lodz - Poland; the request by JZ concerned the deduction from the total
period of the
custodial sentence imposed on him in Poland, during which he was made subject, by the Member State which executed the European Arrest Warrant, namely in the UK to the electronic monitoring of his place of residence, in conjunction with a curfew.
Investors change
custodial banks, brokerages, and investment managers frequently, and many of these service providers have no policy on reaching out to former clients to make them aware of settlements that include transactions from the time
period when the investor was still a client.
Where, on the other hand, a parent acquiesces (leaves their child in the custody of the other parents and does nothing to actively seek custody) for some
period of time, but then seeks to recover custody later on, a court will generally favour the interim order and keep the child with the current
custodial parent.
(b) order that person to pay the deposit into the designated account held by the scheme administrator under an authorised
custodial scheme, within the
period of 14 days beginning with the date of the making of the order.
Whereas in the past, rules were oriented on fixed age brackets and the gender of the parent and child, they have increasingly been formulated in favour of the principle of the best interests of the child and / or in favour of the mother through an extension of the
custodial time
period afforded to her as a matter of law.
• Hire and train administrative,
custodial and maintenance staff within a short time
period of 3 months, and just in time for the building's opening day.
This creates stress on them during the
period of their
custodial sentence, and creates additional stresses on them when they return home.
Visitation is an agreed upon or court ordered
period of time during which the non-
custodial parent will have the same right of access to the minor children as does the
custodial parent.
If the court allows the
custodial parent to move with the child, the noncustodial parent must continue paying child support; the court may modify the
periods of placement to fit the best interests of the child in light of the move and other factors.
In order to promote stability for the children, Maryland courts may award the use and possession of the family home to the
custodial parent for a
period of up to three years from the final decree.
While a
custodial parent is often responsible for making sure that children are available for visits with the non-
custodial parent, some jurisdictions also prescribe penalties for non-
custodial parents who fail to pick up their children for visitation, essentially giving
custodial parents the right to have their plans during visitation
periods respected.
If the non-
custodial parent is admitted to a hospital or residential treatment facility for a
period of more than two days for reason other then pregnancy or childbirth, then the non-
custodial parent shall immediately notify the
custodial parent, and the
custodial parent may pick the children up any time thereafter, even though the non-
custodial parent has not enjoyed full seven - week summer visitation;
Some states require a
custodial parent to give written notice of an intended move to the noncustodial parent within a certain time
period specified in the statute, for example, 30, 60, 90 days.
One spouse (usually the
custodial parent) remains in the home with the exclusive use and possession for a certain
period of time (for example, until the youngest child graduates from high school), then either buys out the other spouse or sells the home and divides the proceeds.
Even if the
custodial parent should have received several years of child support payments, the limit applies only to the
period after a court order was filed.
«Partial custody» is the right of one parent to take possession of the child from a
custodial parent for a designated
period of time.
When the
custodial parent moves, the noncustodial parent has the option of challenging the move, but the move, if allowed, may impact
periods of placement and child support.
For example, if the child is an infant or very young child, the non-
custodial father gets several shorter
periods of visitation during the week, especially if the
custodial mother is breastfeeding the child.
Moreover, Pennsylvania courts also use the term «partial custody,» which is one parent's right to remove the child from a
custodial parent's control for a
period of time.
The winter vacation
period shall apply to pre-school children and shall be determined by the vacation
period of the public grade school in the
custodial parent's school district.
The
custodial parent will have some parenting time rights during these
periods.
In even - numbered years, the noncustodial parent will have the child for the first half of the holiday
period and the
custodial parent will have the child for the second half of the holiday
period.
However, even this turns into a larger net loss in buying power for the
custodial parent because of inflation during the same time
period...» [Presumption of joint custody] legislation increased the number of motions to modify or enforce parenting time or child custody... the number did increase significantly (and almost doubled) following enactment of the statute.
The noncustodial parent has possession for this vacation
period in odd - numbered years and the
custodial parent has possession in even - numbered years.
In odd - numbered years, the
custodial parent will have the child for the first half of the holiday
period and the noncustodial parent the second half of the holiday
period.
The
custodial or noncustodial parent has the right to ask the court for specific time
periods to communicate electronically with the child.
The typical standard is that the non
custodial parent will have custody of the child every other weekend from 6 pm on Friday until 6 pm on Sunday, one evening every week and split time for holiday and school vacation
periods.
The
custodial parent may have valid concerns about you spending long
periods of time with children that you have not seen in a while.
An established
custodial environment is created over a
period of time if the child seeks discipline, daily necessities, and parental comfort from a particular custodian.