Both bills would establish a presumption of
equal parenting in every case.
Not exact matches
Also, I hear that the rights of registered partners are about
equal to married couples
in Sweden, so no need to worry about that
in your
case: — RRB - My
parents are celebrating their 40th anniversary this year, so I'm a little more optimistic about marriage than you are.
Some states now recognize that
in cases where both
parents were equally involved prior to a divorce or separation, it is important for the well - being of the children for that pattern of
equal involvement to continue.
In cases where the
parents share
equal parenting time, the courts may determine that neither
parent shall be required to pay child support to the other
parent.
You start with a presumption that both
parents have an
equal level of commitment to their child's well - being,
in which
case, yes, everything you're saying makes perfect sense, and i agree completely that responsible, caring fathers shouldn't be kept from their children.
Lawyers representing
parents will argue that under the European convention on human rights and corresponding
case law, the state is obliged to treat different religions and beliefs on an
equal footing and that religions should not be elevated above non-religious world views
in the school curriculum.
In Colorado, each
parent as long as they don't otherwise have some kind of a problem, including a drug problem or an alcohol problem or having gone through a domestic violence
case, stands relatively
equal with the court.
The Canadian government recently even tried to change the Divorce Act to have a presumption that 50/50 custody was suitable
in most
cases, thereby making it easier for (mostly) fathers to have
equal parenting rights.
In cases where the
parents each have the children for
equal amounts of time (50/50), a set - off amount is normally applied by looking at what each
parent would pay under the applicable table, with the result that the higher earning
parent then pays a reduced amount to the lesser earning
parent.
In other cases, the court might order equal parenting time, but in all cases, courts must order parenting plans that maximize each parents parenting time with their childre
In other
cases, the court might order
equal parenting time, but
in all cases, courts must order parenting plans that maximize each parents parenting time with their childre
in all
cases, courts must order
parenting plans that maximize each
parents parenting time with their children.
-- Author Unknown Alabama Code Title 30 Marital Domestic Relations § 30-3-151 The following is a list of possible custody grants
in Alabama divorce
cases: Joint Custody: joint legal and joint physical custody Joint Legal Custody: Both
parents have
equal rights and -LSB-...]
With respect to the resolution of
parenting disputes after separation, fewer of the family law
cases of respondents from Alberta resulted
in a form of shared custody, defined as the
equal or near -
equal distribution of children's time between separated
parents, compared to the
cases of respondents from the rest of Canada.
The central legal issue
in this
case is whether a government employer who provides benefits to women who give birth and to other
parents must do so
in a substantively
equal manner.
In some cases, a family law attorney can assist a parent in negotiating an agreement that provides for roughly equal access where possibl
In some
cases, a family law attorney can assist a
parent in negotiating an agreement that provides for roughly equal access where possibl
in negotiating an agreement that provides for roughly
equal access where possible.
In some
cases, a shared
parenting arrangement gives both
parents an
equal amount of time with their kids.
The
Case Against Presumed
Equal Shared
Parenting Kate Harveston Recently, an article was published on National Post
in which the auth...
The best way to lay the groundwork for your child's financial future is to make sure that as
parents you have a will, a living revocable trust, and the proper life insurance policy (I recommend term insurance with a death benefit
equal to 20 times the income you want to replace if you die)
in place
in case something happens to you while your child or children are young.
Nanos Research asked «Do you strongly support, somewhat support, somewhat oppose or oppose federal and provincial legislation to create a presumption of
equal parenting in child custody
cases?»
Sen. Nicole Poolman, R - Bismarck, said lawmakers should follow the will of North Dakota voters, who rejected a 2014 measure creating a law for
equal parenting rights
in child custody
cases.
The law starts with the premise that, absent misconduct, the rights of each
parent in a custody
case are
equal.
In cases of joint legal custody, each parent has equal rights and responsibilities in the decision - making proces
In cases of joint legal custody, each
parent has
equal rights and responsibilities
in the decision - making proces
in the decision - making process.
A rebuttable presumption
in favour
equal shared
parenting will serve to reduce conflict, reduce the need for intensive lawyer intervention
in many
cases, reduce fees to lawyers, and promote the true best interests of Canadian children to enjoy a decent relationship with both
parents.
While fathers «could» become primary
parents, and theoretically resident fathers also «could» form
equal attachments, the reality is that
in families with such problems that they have resulted
in custody
cases involving infants and very small children, it's extremely unlikely that these fathers have done so.
The legal news outlet also cites a poll, commissioned by the Canadian Association for Equality, that found: 35 per cent of Canadians strongly support the creation of a presumption of
equal parenting in child custody
cases in federal and provincial legislation, 35 per cent somewhat support it, nine per cent somewhat oppose it and four per cent strongly oppose it.
The article reports that a new poll commissioned by the Canadian Association for Equality found that 70 per cent of Canadians support the creation of a presumption of
equal parenting in child custody
cases, while 13 per cent oppose it and 17 per cent are unsure.
FAMILY LAW — APPEAL — INTERIM
PARENTING — Where there is nothing anomalous about the primary judge finding, by virtue of s 61DA (3) of the Family Law Act 1975 (Cth)(«the Act»), that it would «not be appropriate» to apply the presumption
in favour of
equal shared parental responsibility, while going on to make an order for
equal shared parental responsibility ¬ Where it can be seen that the primary judge addressed what was necessary from s 65DAA of the Act, given the parameters of the dispute, and how the parties» respective
cases were presented — Where the primary judge adequately and appropriately considered what she is obliged to
in determining where the best interests of the children lie, bearing
in mind that that consideration is framed by the parameters of the issues
in dispute, and how each party has presented their
case — Where there is no merit
in the grounds of appeal ¬ Appeal dismissed.
The new laws start by establishing a legal «presumption» of
equal parenting time
in all
cases.
Fact: «The sheer prevalence of the problem of violence and the dynamics surrounding it make it clear any assumptions about
equal partnership
in these
cases are out of the question... the majority of women never report the assaults or
in fact ever tell anyone about it (Johnson, 1996) and thus may not be believed if the first time the issue is raised is at the point of separation... may avoid going to court out of fear of retaliation, a fear which is not unfounded given the data on the escalation of violence at separation... agree to whatever the husband wants
in an attempt to pacify him... as an exchange for custody... may appear unstable or emotional while their batterers are perceived as confident, rational and economically secure (Rosnes, 1997)... all the research flies
in the face of what Rosnes argues is presently happening
in the courts:»... judges assume that wife abuse is not necessarily damaging to a child, and that being violent does not necessarily affect a father's
parenting ability....
Senate Bill 257 would create a presumption
in divorce
cases that children of the couple would spend roughly
equal time with each
parent, unless the parties have agreed to another
parenting plan
in advance.
Mr. Speaker, these undersigned petitioners are drawing the attention of this House of Commons to the fact that children ordinarily thrive best when being raised by both
parents, their father and their mother, even when those
parents divorce, so the petitioners are calling on Parliament to amend the Divorce Act, as
in my Bill C - 560, to require
equal shared
parenting to be treated as the rebuttable presumption
in custody decisions, except, of course,
in cases of proven abuse or neglect.
The CBA objects to the proposed legislation, which says
equal parenting time and responsibility must be ordered
in every
case.
Bill C - 560 would require
parents to co-operate
in establishing
equal shared
parenting unless they can make a credible compelling
case that this would not be
in the best interest of the child.
Mr. Speaker, I am quite honoured to be introducing a private member's bill today which would direct the courts
in regard to divorce to make
equal shared
parenting the presumptive arrangement
in the best interests of the child, except
in proven
cases of abuse or neglect.
Mr. Speaker, I am quite honoured
in these few moments to be introducing a private member's bill that would direct the courts
in regard to divorce to make
equal shared
parenting the presumptive arrangement
in the best interest of the child, except
in proven
cases of abuse or neglect.
Therefore, the petitioners are calling on Parliament to amend the Divorce Act, as
in my Bill C - 560, to require that
equal shared
parenting be treated as the rebuttable presumption
in custody decisions, except
in cases of proven abuse or neglect.
Bill C - 560 would require
parents to co-operate toward
equal shared
parenting unless they can make a credible compelling
case that this would not be
in the best interests of their children.
Mr. Speaker, the second petition calls upon Parliament and the House to support Bill C - 560, to require
equal shared
parenting to be treated as a rebuttable presumption of custody decisions, except
in cases of neglect and abuse.
The major amendment that needs to be made
in this
case is to withdraw the presumption of
equal parenting.
Bill C - 560 would amend the Divorce Act to direct the courts to make
equal shared
parenting the presumptive arrangement for children following the divorce of their
parents, except
in proven
cases of abuse or neglect.
It could play a very important role indeed
in helping to ensure that this is what happens, that the best rights of the child are considered and that it means,
in most
cases, near
equal access to each of their
parents.
The amendments
in Bill C - 560 would direct the courts
in regard to divorce to make
equal shared
parenting, and I will talk later of the range being 35 % to 50 % roughly, but making it the presumptive arrangement
in the best interests of the child, except
in proven
cases of abuse or neglect.
Instead, the legislation requires the Family Court to «consider» whether
equal time with both
parents suits a particular child, and can decide that
in some
cases it does not.
Colorado's highest court noted that
in an initial custody
case,
parents stand «on
equal ground» regarding parental responsibilities.
In cases where the
parents share
equal parenting time, the courts may determine that neither
parent shall be required to pay child support to the other
parent.
In our survey, the respondents reported that an average of 46 % of their cases involve some form of equal parenting time («joint physical custody,» «shared custody,» or «shared residence,» in which the children spend at least 40 % of their time with each parent
In our survey, the respondents reported that an average of 46 % of their
cases involve some form of
equal parenting time («joint physical custody,» «shared custody,» or «shared residence,»
in which the children spend at least 40 % of their time with each parent
in which the children spend at least 40 % of their time with each
parent).
I recently read a blog on the Huffington Post advocating for a statutory policy
in all
cases that children should spend
equal time with both
parents.
The poll recorded 35 per cent of respondents who strongly support the creation of a presumption of
equal parenting in child custody
cases in federal and provincial legislation.
In cases in which parents have different time - haring arrangements for different children, H % equals the average of the approximate percentages of time the high earner parent spends with each chil
In cases in which parents have different time - haring arrangements for different children, H % equals the average of the approximate percentages of time the high earner parent spends with each chil
in which
parents have different time - haring arrangements for different children, H %
equals the average of the approximate percentages of time the high earner
parent spends with each child.
Furthermore, the measure would have given each
parent in a custody
case, unless one
parent was proven unfit,
equal parental rights and responsibilities,
parenting time, primary residential responsibility and decision making responsibility over a child.
A move to amend the Divorce Act and establish
equal shared
parenting (ESP) as a presumption
in child custody
cases may not be a good idea, says Toronto family lawyer and life coach Leanne Townsend.