Sentences with phrase «facts supporting their motion»

Not exact matches

In general, it is the responsibility of the parent who is seeking a modification of child custody to present a motion to modify custody and a decree that explains the facts supporting the modification.

Finally, despite accusations of it being fundamentally flawed, I supported the motion because I was attracted to the fact that it included the 3 options of In, Out or Renegotiation.

In fact, according to the American College of Foot and Ankle Surgeons (ACFAS) in 2006, an increase in usage of flip - flop sandals by teens and young adults has led to an increase in heel pain.3 ACFAS spokesperson Marybeth Crane, DPM, has reported that practitioners are seeing more heel pain more than ever in patients 15 to 25 years old, noting that heel pain is a marker of plantar fasciitis which accounts for 15 % of all adult foot complaints.3 Furthermore, the ACFAS recommends that patients with heel pain should avoid flat shoes with paper - thin soles and should also avoid walking barefoot since wearing flat shoes (including flip - flops) and walking barefoot provides little cushioning as well as little to no arch support.3 This lack of arch support and cushioning of the heel while wearing flip - flops seems to exacerbate any abnormalities in the biomechanics of foot motion, and may perpetuate heel pain and inflammation.

In fact if motion controls were a gimmick and not a means to expand the market to more consumers why did Microsoft and Sony go ahead with their own ideas of motion control gaming; which guess what is still supported today by a number of future releases for Kinect and PS Move.

Couple that with the fact that Heavy Rain already implements the Sixaxis controller's motion capabilities and rumors of the videogame supporting the new controller don't seem so far fetched.

In fact, Mario Kart 8 also supports the excellent Classic Controller Pro, but if you crave motion controls, the Wii Remote is the best option, especially if you have a Wii Wheel handy.

The mathematical fact that the normal distribution has infinite support has never prevented it being useful with lots of kinds of measurements that are physically bounded, such as Einstein's model of Brownian motion.

Even if such a motion were to fail, the fact that it was moved at all would notify the general public that scientific support for climate extremism is not as rock - solid as they have been led to believe.

On a motion for Court approval of a proposed settlement the child's lawyer must file an affidavit of the litigation guardian setting out the material facts and the reasons supporting the proposed settlement and the position of the litigation guardian in respect of the settlement.

When a motion for summary judgment is made and supported as provided in this Code section, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this Code section, must set forth specific facts showing that there is a genuine issue for trial.

A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.

The city brought a successful motion to dismiss the action as out of time, arguing that Chimienti was aware of the facts supporting his claim on the day of his arrest.

Like any party moving ex parte the AGO must not only disclose the facts and law supporting his motion, but also identify and explain any weaknesses in the case — i.e. in effect put before the court arguments that the responding party might advance if he had been given notice of the motion.

In considering the application of the Guidelines to the facts of this case, the court concluded that it was open to the motions judge to find, as she did, that the husband's spousal support obligation should terminate effective March 31, 2018.

In fact, during oral argument on the motion for summary judgment, Justice Schmidt allowed the plaintiff's counsel to supplement its written filings by presenting evidence to support each instance of an alleged breach of fiduciary duty.

The person seeking relocation shall file a response to the motion within fourteen days, unless extended by the court for good cause, and include a counter-affidavit setting forth the facts in support of the relocation as well as a proposed revised parenting plan for the child.

In sum, the court held that there were no facts in the plaintiff's motion for summary judgment that supported his version of the events.

The motion judge carefully reviewed all of the facts pleaded and found that they did not plausibly support either the conclusion or the inference that the respondents acted in bad faith.

Facts: The applicant Mother filed an affidavit in support of her motion for advance (interim) funding in respect of the appeal of the respondent, the father, from the order of Chappel J. dismissing his challenge to the jurisdiction of Ontario courts to adjudicate Mother's claims against him for custody, child support, and spousal support.

The motion judge made several key findings of fact: (i) there was no evidence the appellant's fall was caused by any defect in or lack of repair affecting the premises or any hazardous conditions associated with the premises themselves; (ii) there was no dispute the appellant was performing the renovation work for valuable consideration; (iii) there was no basis for a contractual claim that the respondents had failed to furnish the appellant with safety equipment; (iv) there was no evidence the appellant was inexperienced in performing roofing work or working at heights; and (v) the evidence did not support a finding that the respondents were aware the appellant lacked the necessary experience to carry out the project.

In fact, take a look at what all the Echo Plus supports and you'll notice it's only a small handful of bulbs, switches, outlets, and locks — forget about motion sensors, open / close sensors, and pretty much anything else.

Again since there's no motion controller support, you'll be somewhat limited in what can be played, but given the fact that the Oculus Rift didn't support more than just an Xbox One controller for the first 8 months, there's no shortage of seated content that works with a controller.

So one of the fundamental principles that the Democrats base their support for this disallowance motion on is the fact that the State regimes are based on legislation which, at the end of the day, will not hold up», Senator Woodley as reported in Senate 2000, Debates, No. 16, p19520 The speaker from the Greens party said «I will be voting for this disallowance because the regulations brought forward from Western Australian legislation do not uphold the spirit of the legislation that has gone through this parliament in the last decade of the High Court rulings that Indigenous people should have a real say in what is happening on their land», Senator Brown as reported in Senate 2000, Debates, No. 16, p19524

As with all modifications in Kansas, parties seeking to modify child support must submit a motion to the court and list specific facts as to why the court should change the monthly payment amount; parents who can not agree to a modified amount must attend a hearing on the issue and present evidence as to why the support amount should, or should not, be changed.

[The right of first refusal is unreasonable where one parent is, or is suspected to be, using it to position him - or herself to motion for a change of child support or alimony, or where it will in fact result in a change of child support because of the application of formulaic guidelines.]

Hampton Realty v. Conklin (220 A.D. 2d 385)- issues of justifiable reliance and reasonable inquiry; motion for a leave to appeal denied (87 N.Y. 2d 805); non-jury trial judgment in favor of broker for commission reversed; broker not the procuring cause where purchaser and seller discussed availability of property prior to listing and where broker did nothing of any significance to assist in the negotiations between buyer and seller aside from a single visit to the property; facts of the case do not support oral promise to «protect» the broker's commission; reasonable duration for term of brokerage agreement implied where agreement contained no term as to its duration and, under the circumstances of the case, it would not be reasonable to extend the duration of the agreement for a term of more than one year.