Sentences with phrase «custody under the law of the state»
The child has been «wrongfully removed or retained» in breach of rights of custody under the law of the State of the child's habitually residence.
http://www.international-divorce.com/ Not exact matches
An essential element of any case under the Convention is that, «pursuant to the laws or regulations of the state of habitual residence, said removal or retention breaches the rights of custody with respect to the child attributed to the petitioner.»
- Whether a parent had «rights of custody» within the meaning of the Hague Convention under the laws of a U.S. state.
This question was raised in EM (Lebanon)(FC) v Secretary of State for the Home Department [2008] UKHL 64 but was only tangential to the main issue, which was the relationship between the appellant mother and her son as opposed to the father whose entitlement to custody would have been secured under Islamic law.
Although the courts in the state in which the child is currently located have exclusive custody jurisdiction from their own perspective, if the child is taken to visit another country, the courts there will often have jurisdiction under the local law of that country to determine what is best for the child.
I specialise in Inquest law and work fiercely for families who have lost loved ones in police custody, state detention, whilst sectioned or voluntarily under the care of Mental Health services, or in other circumstances involving the state, to ensure they have the opportunity to have their voice heard.
the wrongful removal or retention of a child is in breach of rights of custody attributed to a person, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention
The rights of custody mentioned in sub-paragraph a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.
The chambers judge outlined the background and considered the evidence in light of the objects of the Hague Convention, being to secure the prompt return of children wrongfully removed to or retained in any contracting state, and to ensure that rights of custody and of access under the law of one contracting state are effectively respected in the other contracting states.
Under federal law, Florida can decide issues of custody and issue custody orders only if your children have lived in the state for the past six months.
Under the laws of the State of North Carolina, any person or entity with custody of a minor child may seek support for that child from the parents of the child.
(a) «Child» means any person who is under the jurisdiction of a state court pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act or is the subject of any order granting to a parent or other person any right to time - sharing, residential care, kinship, or custody, as provided under staCustody Jurisdiction and Enforcement Act or is the subject of any order granting to a parent or other person any right to time - sharing, residential care, kinship, or custody, as provided under stacustody, as provided under state law.
The custody laws in all states, including Virginia, consider the best interests of children under 18 years of age when making custody rulings.
California Courts, Family Law Overview: http://www.courts.ca.gov/selfhelp-divorce.htm The State Bar of California, What Should I Know About Divorce and Custody: http://calbar.ca.gov/public/pamphlets/divorcecustody.aspx Divorce Sites: Divorce Support: http://www.divorcesupport.com Divorce Net: http://www.divorcenet.com Divorce Source: http://www.divorcesource.com Divorce Magazine: http://www.divorcemag.com Divorce 360: http://www.divorce360.com Financial Planning Association: http://www.fpaforfinancialplanning.org Internal Revenue Service, Publication 504, Divorced or Separated Individuals: http://www.irs.gov/pub/irs-pdf/p504.pdf MSN Money: http://moneycentral.msn.com/home.asp SmartMoney, articles on divorce under Personal Finance tab: http://www.smartmoney.com California Association of Legal Document Assistants: http://www.calda.org
Under state law, a grandparent can ask a family law court for reasonable grandchild visitation rights in the following situations if the grandchild's parents have obtained a divorce; the child is in custody of someone other than a parent; or if the child's parent, who is the child of the grandparent seeking visitation, has died.
A child custody determination made by a court of this state that had jurisdiction under this act binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 8 of this act or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard.
(6) «Indian custodian» means any Indian person who has legal custody of an Indian child under tribal law or custom or under State law or to whom temporary physical care, custody, and control has been transferred by the parent of such child;
Under this law, state courts must honor the custody orders of other states.