Sentences with phrase «duty under a court order»

Does the spouse have a legal duty under a court order or separation agreement to support any person?

Not exact matches

According to Alhaji Muntaka, the police invitation to the MPs undermines the authority of parliament and also interferes with the work of a parliamentarian, who is insulated under Article 117 of the Constitution and Order 22 of the Standing Orders of Parliament from any arrest or court orders in the performance of his or her official dOrders of Parliament from any arrest or court orders in the performance of his or her official dorders in the performance of his or her official duties.

With Fiona under court order to remain inside the house and Frank's illness keeping him out of commission, the weight of guardianship duties falls squarely on Lip's shoulders.

H accepted, when cross-examined about this, that he deliberately chose not to disclose these facts to W. H claimed that, given the preliminary stage of the negotiations, he was not under a duty to disclose and, even if he was, disclosure of the details would not have caused the court to make a substantially different order.

Having reviewed the European Charter and the lower court's decision in Goldeneye (International) Ltd v Telefonica Ltd [2012] EWHC 723 (Ch), [2012] All ER (D) 79 (Jul), his lordship concluded that many of the established principles for the grant of a Norwich Pharmacal order were relevant to the assessment of whether disclosure was proportionate under Art 8; the court's duty was to weigh the benefit of the information being sought by the RFU against the effect the disclosure was likely to have on the individual (s) concerned.

(3) If a person having a duty to pay child support or spousal support under an agreement or order dies and the agreement or order is silent respecting whether the duty continues after the death of the person and is a debt of his or her estate, (a) the person receiving support may make an application under section 149 [orders respecting child support] or 165 [orders respecting spousal support], and (b) if, on consideration of the factors set out in subsection (1) of this section, an order is made, the duty to pay child support or spousal support continues despite the death of the person and is a debt of his or her estate for the period fixed by the court.

Before an order could be made under Part III, ``... there are two, inter-related, duties of the court before making an order under Part III.

The question is: do the documents in dispute, ie, MSP and Pharmanet, come withing the terms of either Rule 7 - 1 (1)(a), ie, documents that can be used by a party of record to prove or disprove a material fact or that will be referred to at trial or, if not, do they come under category 7 - 1 (11), generally, in the vernacular, referred to as the Guano documents... There is no question that there is a higher duty on a party requesting documents under the second category... that in addition to requesting, they must explain and satisfy either the party being demanded or the court, if an order is sought, with an explanation «with reasonable specificity that indicates the reason why such additional documents or classes of documents should be disclosed», and again, there is no doubt that the new Rules have limited the obligation for production in the first instance to the first category that I have described and has reduced or lessened the obligation for production in general...

Finally, when considering whether the Lord Chancellor had complied with the public sector equality duty under section 149 of the EqA when introducing the Fees Order, the Court of Appeal considered that the equality impact assessment carried out at the relevant time was adequate to meet that duty.

The duty of fairness was not excluded by (1) the statutory right under the Act of recourse to the courts after the direction, or (2) the fact that the order was subordinate legislation.

As a threshold matter, in order for this Court to find that MQH and the Diocese owed a duty to the Chances under premises liability law, the injuries in question must have occurred on their property.

The Court held that the first order was one the Court had no jurisdiction to make and that the further orders were unnecessary given that the Plaintiff was fulfilling their disclosure duties under the Rules of Court.

Under Maine family law, the court is required to inform parents of their duty to provide notice, upon deciding to relocate, in all shared parental rights and responsibility custody orders.

(a) In a proceeding under this chapter, the court may at any time order either or both parents who owe a duty of support to a child to pay support to the other parent or, in the case of both parents, to a third party who has custody in accordance with the child support guidelines schedule in s. 61.30.

The main purpose of the Act is to amend the Adoption Act 2010 to provide: • that married parents may place a child for adoption, on a voluntary basis, in circumstances where both parents place the child for adoption and where both parents consent to the making of the adoption order; • for revised criteria so that where an application to adopt a child is made in respect of a child who is in the custody of and who has had a home with the applicants for a period of at least 18 months, and where that child's parents have failed in their parental duty towards that child for a continuous period of not less than 36 months, the High Court may dispense with parental consent and authorise the Adoption Authority to make an adoption order in respect of that child; • that the best interests of the child is the paramount consideration in relation to any matter, application or proceedings under the Adoption Act 2010 and that the views of the child shall be ascertained by the Adoption Authority or by the court, as the case may be, and shall be given due weight, having regard to the age and maturity of the cCourt may dispense with parental consent and authorise the Adoption Authority to make an adoption order in respect of that child; • that the best interests of the child is the paramount consideration in relation to any matter, application or proceedings under the Adoption Act 2010 and that the views of the child shall be ascertained by the Adoption Authority or by the court, as the case may be, and shall be given due weight, having regard to the age and maturity of the ccourt, as the case may be, and shall be given due weight, having regard to the age and maturity of the child.

(1B) However, the court must not make an order under subsection (1A) that allows any entitlement of a child or another person to an income tested pension, allowance or benefit, to affect the duty of that child's parents to maintain the child.

The court stated that in order for the Brokerage to be liable under a theory of respondeat superior, the jury would need to find that the Salesperson was acting within the scope of her duties for the Brokerage.