Sentences with phrase «effect as court orders»

CRT adjudications will have the same effect as court orders and will provide the population inexpensive, fast, and easy access to justice for a range of civil disputes.
CRT adjudications will have the same effect as court orders and will provide the...
When a consent order is made, it has the same effect as a court order made after a hearing.

Not exact matches

A temporary restraining order (or TRO) against the ban had already been issued, but Judge Watson's order will remain in effect for as long as Hawaii's lawsuit challenging the order, unless a higher court rules otherwise.
In the application challenging the bench warrnt issued against him, Tompolo is arguing that the EFCC did not follow due process of law in applying for an order of substituted service of the criminal charge against him, adding that no service of the charge was effected as directed by the court before the EFCC applied for a warrant of arrest against him.
«I have made an order which has to be obeyed and the order is to the effect that the accused be allowed to go abroad as from November 4 to treat his ailment within three weeks and return to the court on November 26 for his trial in the charges brought against him», the judge had said.
«Once the accuracy of the designation of a controlee as a terrorist suspect has been verified by the court, as a general rule judges should recognise that officials and the police have far more understanding of the restrictions required to effect a control order,» he said.
«As a party, we shall fully cooperate with the IGP and the Nigeria Police in ensuring maximum compliance with the Court order dated May 12, 2016 to the effect that no election should be conducted into the above offices, namely National Chairman, National Secretary, and National Auditor pending the resolution of the cases in Court.
(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.
The judgment takes effect from the day when it is given or made, or such later date as the court may specify (FPR 2010, r 29.15); and an appeal is against that judgment, not the order.
The effect of the decision was that a mother was deprived of the opportunity to prove that she was now safe to care for her children, despite curing her additions, while suffering the trauma of the threat of losing her children, simply because she had taken too long, as the children had already been looked after for 20 months and the Court of Appeal was of the opinion that a court would be unlikely to revoke the placement order, as they would find that the further delays necessitating rehabilitation not to be in the children's welCourt of Appeal was of the opinion that a court would be unlikely to revoke the placement order, as they would find that the further delays necessitating rehabilitation not to be in the children's welcourt would be unlikely to revoke the placement order, as they would find that the further delays necessitating rehabilitation not to be in the children's welfare.
Administrative appeals ask a court or other reviewing body to overturn, alter, or delay the legal effect of an underlying administrative decision, such as the decision of a local zoning or planning authority, the decision of a state environmental agency on a permit application, or an administrative agency's enforcement order alleging a regulatory violation.
(1) the temperament and developmental needs of the child; (2) the capacity and the disposition of the parents to understand and meet the needs of the child; (3) the preferences of each child; (4) the wishes of the parents as to custody; (5) the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person, including a grandparent, who may significantly affect the best interest of the child; (6) the actions of each parent to encourage the continuing parent child relationship between the child and the other parent, as is appropriate, including compliance with court orders; (7) the manipulation by or coercive behavior of the parents in an effort to involve the child in the parents» dispute; (8) any effort by one parent to disparage the other parent in front of the child; (9) the ability of each parent to be actively involved in the life of the child; (10) the child's adjustment to his or her home, school, and community environments; (11) the stability of the child's existing and proposed residences; (12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed custodial arrangement is not in the best interest of the child; (13) the child's cultural and spiritual background; (14) whether the child or a sibling of the child has been abused or neglected; (15) whether one parent has perpetrated domestic violence or child abuse or the effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child; (16) whether one parent has relocated more than one hundred miles from the child's primary residence in the past year, unless the parent relocated for safety reasons; and (17) other factors as the court considers necessary.
There is plenty of scope for argument before such an order is made and argument there will be as the court must be satisfied that it is necessary to secure compliance with the contact order and that its likely effect is proportionate to the seriousness of the breach.
Their effect is to continue in the family court any maintenance application issued in the magistrates» court before 22 April 2014 and to treat any maintenance order made by or registered with magistrates as if it had been made by the family court.
Adopting the perspective of the European Union, therefore, the dicta of the UK Supreme Court judgment can be regarded as an explicit endorsement and acceptance of what Kaarlo Tuori describes as the Court of Justice of the European Union's constitutional function of «positioning» the Union legal order through the creation of juridical doctrines such as primacy and direct effect.
To explain this, we can reverse the analogy of statutes such as the UK's European Communities Act 1972 acting as a «bridge» to activate the direct effect of EU law in the national order (as most recently reiterated by the High Court's decision in (R) Miller at paragraphs 37 - 54).
In effect, if an order - in - council such as that used to intern and relocate Japanese - Canadians during World War II resulted in charges being brought in the Ontario Court of Justice, and that order - in - council was found to be constitutionally invalid, then the Court's decision would trump Parliament's will.
In addition, following the revision of the SHR, the lump sum assessment reference figures for certain types of cases (such as charging orders, garnishee orders and three - minute chamber hearings) in both the High Court and the District Court of Hong Kong have been increased with effect from 1 January 2018.
Not only will the UK lose the ability to influence EU policy making in the field of environmental protection, the legal effects of EU environmental law in the UK's domestic legal order will change as the result of the UK no longer being subject to the jurisdiction of the European Court of Justice.
Perhaps Lord Phillips» observation (Powell, at [103]-RRB- that as the Housing Act 1980, s 89 (extended period for exceptional circumstances) is Convention compatible, this might have the effect that courts wishing to extend the possession period for longer will find themselves adjourning or refusing to make the possession order.
The court's order (released today) regards the South Carolina law as «not [having] a discriminatory retrogressive effect,» and that the Act «allows citizens with non-photo voter registration cards to still vote without a photo ID so long as they state the reason for not having obtained one.»
Upon filing, the CRT decision will have the same force and effect as an order of that court and can be enforced in the same manner as any other BCSC order.
Additionally, in making a custody order under s. 16 (1), the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact (s. 16 (10)-RRB-.
Tribunal orders will have the same effect as court judgments.
(3) From the date of filing, the order has the same effect as an order of the Superior Court of Justice for the purpose of enforcement to the extent that it is authorized by the applicable agreement.
The court may also impose a stay on the effects of an action, such as a stay of execution of orders of a lower court pending appeal.
We do have the Extra-Provincial Enforcement of Custody Orders Act, RSA 2000, c E-14, which empowers courts in this province, on application, to «enforce... and make any orders it considers necessary to give effect to [an extra-provincial] custody order as if the custody order had been made by the court» Orders Act, RSA 2000, c E-14, which empowers courts in this province, on application, to «enforce... and make any orders it considers necessary to give effect to [an extra-provincial] custody order as if the custody order had been made by the court» orders it considers necessary to give effect to [an extra-provincial] custody order as if the custody order had been made by the court» (s 2).
This courtordered priority based on the CCAA has the same effect as a statutory priority.
Not having adequate representation undoubtedly meant that neither was able to present their case appropriately to the court, or have professional advice as to the effect of court orders and the necessity to comply with orders, such advice and assistance may have allayed the fears of both sides and prevented the ensuing tragedy.
Both solutions will occur because the power of the news media and of the internet, interacting, will quickly make widely known these types of information, the cumulative effect of which will force governments and the courts to act: (1) the situations of the thousands of people whose lives have been ruined because they could not obtain the help of a lawyer; (2) the statistics as to the increasing percentages of litigants who are unrepresented and clogging the courts, causing judges to provide more public warnings; (3) the large fees that some lawyers charge; (4) increasing numbers of people being denied Legal Aid and court - appointed lawyers; (5) the many years that law societies have been unsuccessful in coping with this problem which continues to grow worse; (6) people prosecuted for «the unauthorized practice of law» because they tried to help others desperately in need of a lawyer whom they couldn't afford to hire; (7) that there is no truly effective advertising creating competition among law firms that could cause them to lower their fees; (8) that law societies are too comfortably protected by their monopoly over the provision of legal services, which is why they might block the expansion of the paralegal profession, and haven't effectively innovated with electronic technology and new infrastructure so as to be able to solve this problem; (9) that when members of the public access the law society website they don't see any reference to the problem that can assure them that something effective is being done and, (10) in order for the rule of law, the Canadian Charter of Rights and Freedoms, and the whole of Canada's constitution be able to operate effectively and command sufficient respect, the majority of the population must be able to obtain a lawyer at reasonable cost.
the determinations of tribunals could be recommendatory or binding, and in the case of the latter could have the effect of a court order or be enforceable in the same manner as a court order; and,
Their reaction can be a refusal to give effect to an act of the IO, following a finding that the act was outside the scope of authority of the IO -LSB-...] or incompatible with another set of norms, be it international norms (such as a jus cogens norm or a human rights norm) or a norm of the domestic legal order that has precedence over the act of the IO (such as the practice of the German constitutional court in the cases involving judgments of The ECJ and the EctHR).»
With the greatest of respect, as well, one might question the Court's interpretation of the fourth element, where they seem to have greatly simplified the reasoning in Catania — moving the bar from the relatively high standard of determining, to use the wording in Catania, to decline the application if «the order would be of no effect in the situs», to the ridiculously low threshold of merely requiring that the order sought «must not be illegal or impossible according to the laws where the property is situated.»
According to Rimer LJ, those dicta had the effect of stating that, where a «husband is, either actually or in substance, the 100 % owner of a company that owns an asset that might usefully be applied in or towards satisfaction of a wife's ancillary relief claim, it will or may be open to the court to pierce the company's corporate veil and treat that asset as property of the husband so as to enable it to be the subject of a s 24 (1)(a) order».
Otherwise, the government should be lobbied to amend the code so as to give the confirming court a wider remit when considering whether or not to confirm compulsory purchase orders for the acquisition or retention of mobile phone masts, if only to reflect and give effect to its own policy advice in PPG 8.
Just as remarkably, the court then made an order under the Scotland Act 1998 suspending the effect of its ruling until the defect was corrected.
The challenge we face is that if the orders are drafted so broadly, they will have the opposite effect as nothing will get accomplished as the cases languish in the very busy court systems.
• Adept at drafting and typing a variety of correspondence to clients to effect payment of court - ordered payments such as child support and alimony
As long as the child remains symptom - free (as determined by daily / weekly ratings on the Parent - Child Relationship Rating Scale), then the standard Court - ordered visitation schedule is in effecAs long as the child remains symptom - free (as determined by daily / weekly ratings on the Parent - Child Relationship Rating Scale), then the standard Court - ordered visitation schedule is in effecas the child remains symptom - free (as determined by daily / weekly ratings on the Parent - Child Relationship Rating Scale), then the standard Court - ordered visitation schedule is in effecas determined by daily / weekly ratings on the Parent - Child Relationship Rating Scale), then the standard Court - ordered visitation schedule is in effect.
However, in every case, an automatic injunction goes into effect immediately after filing (against the filing party immediately and against the other party as soon as formal service, also called «Notice,» is accomplished) and restrains both parties from inappropriately transferring or depleting assets, disturbing the peace or harassing one another, and removing any minor children from the state without the other parent's consent or a court order, among other restrictions.
Note 1: The effect of section 60CA is that in deciding whether to go on to make a parenting order for the child to spend substantial time with each of the parents, the court will regard the best interests of the child as the paramount consideration.
Consent orders have the same legal effect as if they had been made by a judicial officer after a court hearing.
FAMILY LAW — CHILDREN — Best interests — Where both parents seek sole parental responsibility and for the child to live with them — Where the respondent mother believes the child would settle down and accept the arrangement if the court ordered for the child to spend no time with applicant father — Where the court has a statutory mandate to make parenting orders with the child's best interests as the paramount concern — Where there is little doubt that the child would benefit from having a meaningful relationship with both parents — Where the child's clear views that he does not want to spend time with the respondent mother should be given significant weight in the circumstances — Where the child is of an age, maturity and intelligence to have principally formed his own rationally based views — Where the court is satisfied that it is in the child's best interests for the presumption of equal shared parental responsibility to be rebutted — Where the respondent father is to have sole parental responsibility and the child is to live with him — Where the applicant mother is permitted to attend certain school and sporting events of the child — Where the child should be able to instigate contact with the respondent mother as he considers appropriate to his needs and circumstances — Where the orders made are least likely to lead to the institution of further proceedings in relation to the child — Where the child is to have the outcome of these proceedings, the effect of the orders and the reasons for judgment explained to him by an expert as soon as reasonably practical.
An order of legal separation made by an Arizona court stays in effect as long as a couple desires.
With the authority of a court order, the Special Master's signature will have the same effect as if the individual signed off on the title.
In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.
But some states, like Connecticut, create automatic court orders that take effect as soon as married couples with children file for divorce.
Further, when making a custody order, courts must give effect to the principle that a child should have as much contact with each spouse as is consistent with the best interests of the child.
(3) To avoid doubt, in proceedings in which an independent children's lawyer for a child has been appointed, the court may make an order under subsection (2) as to costs or security for costs, whether by way of interlocutory order or otherwise, to the effect that each party to the proceedings bears, in such proportion as the court considers just, the costs of the independent children's lawyer in respect of the proceedings.
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