Sentences with phrase «evidence of a change in circumstances»

Oregon courts also do not typically modify a joint custody agreement unless there is strong evidence of a change in circumstances that could adversely affect the child.

Oregon courts also do not typically modify a joint custody agreement unless there is strong evidence of a change in circumstances that could adversely affect the child.

Not exact matches

«In the face of mounting evidence of changed circumstances, Enbridge continued to incur costs for the project,» Imperial said in its filinIn the face of mounting evidence of changed circumstances, Enbridge continued to incur costs for the project,» Imperial said in its filinin its filing.

Even in the New Testament, the many Christologies articulating the character and effectiveness of the one Savior are already evidence of the mingling of traditional constraints with the novelty required by ever changing circumstances.

Such «religious intuitions» are the «somewhat exceptional elements of our conscious experience» that Whitehead seeks to elucidate as evidence for God's consequent experience of the world.9 Only a living person experiencing a whole series of divine aims, sensitive to the way in which these shift, grow, and develop in response to our changing circumstances can become aware of their source as dynamic and personal, meeting our needs and concerns.10 Jesus, full of the Spirit, knew God personally in this intimate way, until these aims were taken from him in the hour of his deepest need, when he experienced being forsaken by God on the cross.

The state also allows parents to request a modification of child custody when evidence of a significant change in circumstances can be proven.

He added: «Our study provides evidence that the response of surviving species to novel circumstances can, at least partially, offset, or indeed exacerbate, changes in an ecosystem that are associated with species removal.»

However, the Association has the discretion to waive all or part of the ineligibility based on evidence of hardship, such as a bona fide change in residence or other special circumstance.

He argued that the court did not adequately consider Vincent's alleged «divorce decree violations» and her relocation as evidence of a material change in circumstances.

Yet the doctrine of res judicata does not prevent a party from introducing evidence of circumstances that existed at the time of the dissolution in order to show that a change in circumstances has occurred since the divorce.

Legal principle must try «to keep the law abreast of the society in which [the judges] live and work»: «If the law should impose upon the process of «growing up» fixed limits where nature knows only a continuous process, the price would be artificiality and a lack of realism in an area where the law must be sensitive to human development and social change... Unless and until Parliament should think fit to intervene, the courts should establish a principle flexible enough to enable justice to be achieved by its application to the particular circumstances proved by the evidence placed before them.»

However, different considerations may apply where there is relevant fresh evidence that was not available at the date of the hearing, or a change in the law, and so this principle has no application where there is a change in circumstances or there are new events after the date of the decision.

However, it is difficult to accept that it could be in the interests of justice for the court to annul or discharge its own ruling without a compelling reason to do so, such as changed circumstances or fresh evidence.

It appears that this issue has arisen on a number of occasions in a number of different jurisdictions, and it further appears that depending on the circumstances, courts generally have concluded that until the matter is finally concluded, a presiding judge is not functus officio and m [a] y indeed amend or change his original decision to conform to the evidence existing or to new evidence which is brought to his attention.

This is in accordance with the Supreme Court of Canada's recent pronouncement that a law previously adjudicated «may be revisited if new legal issues are raised as a consequence of significant developments in the law, or if there is a change in the circumstances or evidence that fundamentally shifts the parameters of the debate».

Once visitation has been established, it can not be disturbed unless there is «clear and convincing evidence» that a change in circumstances has occurred and that modification is necessary to protect the health of the child.

«The trial court in Wade concluded that there were substantial and material changes in circumstances, and its findings are supported by competent, substantial evidence, including: evidence of parental alienation of the Father by the Mother; failure of the Mother to cooperate with the parenting coordinator and comply with the parenting agreement; violation of shared parental responsibility as evidenced by the Mother's unilateral change of the child's elementary school and her unilateral change of the child's therapist; and the finding that the Mother was in contempt of court for her actions relative to visitation.

In the Supreme Court of British Columbia, McEachern CJ stated that «no doubt Aboriginal activities have fallen very much into disuse in many area», but concluded that because the onus of proof rested upon the Crown to show abandonment, «it would be unsafe and contrary to principle to apply the principle of abandonment to such an uncertain body of evidence» [69] McEachern CJ also observed that many «do indeed still hunt and fish and pick berries in season», and the «Court can not permit the Crown to pounce too quickly when there are gradually changing circumstances by treating every absence as an abandonment» [70In the Supreme Court of British Columbia, McEachern CJ stated that «no doubt Aboriginal activities have fallen very much into disuse in many area», but concluded that because the onus of proof rested upon the Crown to show abandonment, «it would be unsafe and contrary to principle to apply the principle of abandonment to such an uncertain body of evidence» [69] McEachern CJ also observed that many «do indeed still hunt and fish and pick berries in season», and the «Court can not permit the Crown to pounce too quickly when there are gradually changing circumstances by treating every absence as an abandonment» [70in many area», but concluded that because the onus of proof rested upon the Crown to show abandonment, «it would be unsafe and contrary to principle to apply the principle of abandonment to such an uncertain body of evidence» [69] McEachern CJ also observed that many «do indeed still hunt and fish and pick berries in season», and the «Court can not permit the Crown to pounce too quickly when there are gradually changing circumstances by treating every absence as an abandonment» [70in season», and the «Court can not permit the Crown to pounce too quickly when there are gradually changing circumstances by treating every absence as an abandonment» [70].

In partnership with researchers from related projects in Canada, the UK, South Australia, the Northern Territory and Western Australia, Aboriginal organisations and policymakers, we will analyse whole - of - population data for New South Wales (NSW) to investigate the determinants of positive early childhood development in Aboriginal children, and assess the impacts of two «real - world» programmes that were implemented under circumstances where evidence of their efficacy was unable to be derived from RCTs: the NSW Aboriginal and Maternal Infant Health Service (AMIHS) 45 and the NSW Department of Family and Community Services (FACS) Brighter Futures Program.46 Early evaluations of these programmes suggested some positive changes in proximal outcomes related to their objectives.45, 47, 48 However, each of these evaluations was limited by one or more of the following: use of single data sets, less than 2 years of outcome data and / or issues of confounding and selection biaIn partnership with researchers from related projects in Canada, the UK, South Australia, the Northern Territory and Western Australia, Aboriginal organisations and policymakers, we will analyse whole - of - population data for New South Wales (NSW) to investigate the determinants of positive early childhood development in Aboriginal children, and assess the impacts of two «real - world» programmes that were implemented under circumstances where evidence of their efficacy was unable to be derived from RCTs: the NSW Aboriginal and Maternal Infant Health Service (AMIHS) 45 and the NSW Department of Family and Community Services (FACS) Brighter Futures Program.46 Early evaluations of these programmes suggested some positive changes in proximal outcomes related to their objectives.45, 47, 48 However, each of these evaluations was limited by one or more of the following: use of single data sets, less than 2 years of outcome data and / or issues of confounding and selection biain Canada, the UK, South Australia, the Northern Territory and Western Australia, Aboriginal organisations and policymakers, we will analyse whole - of - population data for New South Wales (NSW) to investigate the determinants of positive early childhood development in Aboriginal children, and assess the impacts of two «real - world» programmes that were implemented under circumstances where evidence of their efficacy was unable to be derived from RCTs: the NSW Aboriginal and Maternal Infant Health Service (AMIHS) 45 and the NSW Department of Family and Community Services (FACS) Brighter Futures Program.46 Early evaluations of these programmes suggested some positive changes in proximal outcomes related to their objectives.45, 47, 48 However, each of these evaluations was limited by one or more of the following: use of single data sets, less than 2 years of outcome data and / or issues of confounding and selection biain Aboriginal children, and assess the impacts of two «real - world» programmes that were implemented under circumstances where evidence of their efficacy was unable to be derived from RCTs: the NSW Aboriginal and Maternal Infant Health Service (AMIHS) 45 and the NSW Department of Family and Community Services (FACS) Brighter Futures Program.46 Early evaluations of these programmes suggested some positive changes in proximal outcomes related to their objectives.45, 47, 48 However, each of these evaluations was limited by one or more of the following: use of single data sets, less than 2 years of outcome data and / or issues of confounding and selection biain proximal outcomes related to their objectives.45, 47, 48 However, each of these evaluations was limited by one or more of the following: use of single data sets, less than 2 years of outcome data and / or issues of confounding and selection bias.