Sentences with phrase «for exclusive possession»

In determining whether an order for exclusive possession is appropriate, a court must consider the following factors under sections 24 (3) and (4):

Finally worth mentioning is that, regardless of who owns the matrimonial home or its contents, and despite a spouse's right of possession, a spouse can ask the court for exclusive possession of the home (among other things).

The Family Law Act, SA 2003, c F - 4.5 (FLA), allows for exclusive possession orders to be made in relation to the family home as part of an order providing for child or spousal support, and can include an order evicting a spouse or adult interdependent partner and restraining them «from entering or attending at or near the family home» (section 68 (1)-RRB-.

However, regardless of whether the victim is also a tenant or not, the perpetrator who is a tenant is entitled to keys and to access unless the victim has a protection order with a condition for exclusive possession of the residential premises under the Protection Against Family Violence Act, RSA 2000, c P - 27 (PAFVA) or other legislation discussed by Professor Koshan.

In Paul, the plaintiff applied under s 77 of British Columbia's Family Relations Act for an exclusive possession order for herself and the three children of the marriage (para 13).

A Court Order for exclusive possession is not easy to get.

A Court can grant an Order for exclusive possession even without a threat of danger present.

If one spouse wants to be able to live in the house after separation either alone or with children, one option is to ask the Court for an Exclusive Possession Order.

When making an order for exclusive possession of the home, the court will consider the best interests of the children as paramount, along with the financial position of the parties, and any instances of domestic violence affecting the safety and wellbeing of all parties involved.

Just after the charges were laid, the complainant moved in Family Court for an order for exclusive possession of the home and sole custody of the children.

Section 24 (1) of the Family Law Act, R.S.O. 1990, c. F. 3, empowers the Court to grant an order for exclusive possession regardless of ownership of the matrimonial home.

After you and your lawyer make an application for an Exclusive Possession Order, your partner will be notified of the court hearing and he or she will be given an opportunity to oppose the order.

Normally a spouse is allowed to reenter the home after an order for exclusive possession for reasons such as the need to retrieve certain belongings or sometimes to exercise custody or access to children.

Usually when an order for exclusive possession is made, the court order will also include a term that the other spouse can periodically enter or enter on a specific date for a pre-specified purpose.

Not exact matches

For there is no longer a true experience of dependence, since the special privilege is regarded not as a gift but as an inalienable and exclusive right and possession.

In «Horror 101: The Exclusive Seminar» (10:27), director James Wan and writer Leigh Whannell separately discuss their philosophies for the film, putting new spins on the haunted house and possession genres and doing certain things differently from other modern movies.

As an appreciation to your loyal support we made sure to give all players in possession of Reus an exclusive 25 % discount for the upcoming month on Steam and GoG.

The required elements are that: (1) the true owner of the land must be out of possession of the claimed lands; (2) the claimant must be in use and occupation of the claimed lands; (3) the claimant's use and occupation must be exclusive, continuous, open or visible and notorious for the requisite 10 year period, and (4) the fact of use and occupation by the claimant must be the only determinant while the belief, ignorance, mistake or intention of the claimant is immaterial.

Child Custody and Parenting Orders Emergency Protection Orders Exclusive Possession Orders Financial Support Options Gathering Evidence of Abuse If You're Thinking of Leaving Leaving an Abusive Relationship... If you are not a Canadian citizen No Contact Orders — Flowchart Peace Bonds Planning for an Emergency Preparing for Court Queen's Bench Protection Orders Restraining Orders Serving Documents on an Abusive Party Working with a Family Law Lawyer Writing an Affidavit

Form FL - 1 — Statement of Claim for Divorce Form FL - 2 — Statement of Claim for Division of Matrimonial Property Form FL - 3 — Statement of Claim for Divorce and Division of Matrimonial Property Form FL - 4 — Statement of Defence Form FL - 5 — Counterclaim for Divorce Form FL - 6 — Counterclaim for Division of Matrimonial Property Form FL - 7 — Counterclaim for Divorce and Division of Matrimonial Property Form FL - 8 — Joint Statement of Claim for Divorce Form FL - 10 — FLA Claim Form FL - 11 — Response — Family Law Act Form FL - 12 — Certificate of Lawyer Form FL - 13 — Protection Order Questionnaire Form FL - 14 — Restraining Order Application Form FL - 15 — Notice to Produce an Affidavit of Records Form FL - 16 — Notice to Reply to Written Interrogatories Application Form FL - 17 — Notice to Disclose — Application Form FL - 18 — Family Application Form FL - 19 — Provisional Order Information Form FL - 20 — Notice of Confirmation Hearing Form FL - 21 — Request for Divorce (Without Oral Evidence) Form FL - 22 — Joint Request for Divorce (Without Oral Evidence) Form FL - 23 — Affidavit of Applicant Form FL - 24 — Affidavit of Applicants (Joint) Form FL - 25 — Divorce Judgment (without oral evidence) Form FL - 26 — DJ and Corollary Relief Order Form FL - 27 — Corollary Relief Order Form FL - 28 — Variation Order Form FL - 29 — Exclusive Possession Order Form FL - 30 — Restraining Order Without Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue Hardship Claim

As predicted by Litigation, the House of Lords last month unanimously ruled in favour of the occupier in Street v Mountford giving a kiss of death to exclusive possession licence agreements and, for good measure, a fatal peck to non-exclusive agreements.

Consequently, the prescription period as well as common - law adverse possession rule can confer upon the «squatting» unit - owner a right to exclusive use of the disputed space that extinguishes a claim for an allocation of exclusive use under a condominium declaration.

However, you may be able to get an Exclusive Possession Order for your home.

Judge LeGrandeur stated that the rule that Street v Mountford laid down was: «where residential accommodation is been granted for a term, at a rent, with exclusive possession, the grantor providing neither attendance nor services, the legal consequence was the creation of a tenancy» (at para 36).

For the spouse who remains in the home, the obligation to pay occupation rent is usually imposed by a court pursuant to the Family Law Act, which authorizes it in the right circumstances, provided he or she has been awarded exclusive possession.

They argue that possession of reserve lands lies at the core of s. 91 (24) which assigns the federal government exclusive legislative power over «Indians, and Lands reserved for the Indians».

This form is a sworn financial statement used when claiming (or responding to a claim for) spousal and / or child support in addition to claiming (or responding to a claim for) property or exclusive possession of the matrimonial home and its contents.

Nevertheless, amendments to the PAFVA and the other legislation under which exclusive possession of residential premises can be granted seems to be the better way to go, as they should provide better access to the relevant law for victims of domestic violence and those assisting them.

Section 24 of the Matrimonial Property Act says essentially the same thing for married persons granted exclusive possession orders under that Act:

Once the victim is granted exclusive possession under a protection or other court order for a specified period of time, then during that period of time the perpetrator would almost certainly have no right to a key or access to the residential premises, regardless of what the RTA says.

As a practical matter, victims of domestic violence who are granted protection orders providing for conditions such as exclusive occupation or possession of the family home should advise their landlords of such, and preferably provide them with a copy of the order, particularly if they wish to change the locks or make arrangements to take over the residential tenancy agreement.

This post will briefly address the unique circumstances in which the FHRMIRA came to be, and then provide an overview and critique of several provisions: section 7 (exemption for First Nations wishing to enact their own matrimonial real property (MRP) laws), sections 16 - 19 (emergency protection orders), section 20 (exclusive possession orders), and section 26 (leases).

A few days later, the wife brought an urgent motion for temporary sole custody, exclusive possession of the home, and a restraining order against the husband.

For example, if a court is considering making an Order giving one spouse exclusive possession of the matrimonial home, the court is obliged under the Family Law Act to take into account the following:

In Potter v Boston, the Court examined an application by the husband who sought leave to appeal an interim order that granted his wife exclusive possession of a condominium, which was owned by the husband and located in Florida, for one week every month.

Interestingly, even if a court orders that ONE party be given exclusive possession of the matrimonial home, it can still direct that party to make periodic payments to the other spouse (among other things), pay for all or part of the repair and maintenance of the matrimonial home, and keep or remove certain contents of the matrimonial home.

The decision was significant because it explained what is required for claimants to prove they hold exclusive possession native title.

If, according to their traditional law and custom, spiritual sanctions are visited upon unauthorised entrants, and if they are the gatekeepers for the purpose of preventing such harm and avoiding injury to the country, then the native title holders have what the common law will recognise as an exclusive right of possession, use and occupation.

One spouse (usually the custodial parent) remains in the home with the exclusive use and possession for a certain period of time (for example, until the youngest child graduates from high school), then either buys out the other spouse or sells the home and divides the proceeds.

Sub-section 9A of NTA s23B allows that if a previous exclusive possession act is the grant or vesting for the establishment of a national, state or territory park for the purpose of preserving the natural environment of the area, then the vesting would not be a previous exclusive possession act.

Need further identification of native title rights to determine extent of inconsistency with lease right to exclusive possession for mining purpose

In those amendments, specific leases granted under s23 of the WLA and granted for the purpose of «agriculture, or any similar purpose; agriculture (or any similar purpose) and grazing combined; mixed farming or any similar purpose other than grazing» were scheduled as a previous exclusive possession act under NTA s23B (2)(c)(i) with the effect that native title was extinguished in these areas.

Section 23B (9A) provides that a vesting which involves the establishment of an area, such as a national, State or Territory park, for the purpose of preserving the natural environment of the area is not a previous exclusive possession act.

Common law; mining lease grant right of exclusive possession for mining purposes; not category C act because no invalidity by RDA; in any case right to control access already extinguished by pastoral leases

Native title is held by the Wanjina - Wunggurr Community, including rights of exclusive possession in some areas and non-exclusive rights including the right to: camp, use traditional resources, manufacture traditional items and hunt and fish for the purpose of satisfying their personal, domestic or non-commercial communal needs.

There will also be a native title outcome sought through the application of s47 Native Title Act to the lease, and a determination of exclusive possession, anticipated and allowed for by the structure of divestment.

A court with continuing, exclusive jurisdiction may change the order that provides for the conservatorship, support, or possession of and access to a child.

Once it is decided that an exclusive possession determination will not be made, the description of the non-exclusive native title rights becomes extremely important, for this description will define the totality of the rights.

For example, in the Croker Island case, if such a determination had been made, the specification of other rights such as the right to use and control resources, the right to trade and the right to protect places of importance would not have been crucial because, in effect, they are all subsumed under the global right of exclusive possession.

Homeowners Insurance Liberty Mutual, NAR's exclusive auto, home and renters insurance provider, offers quality coverage and exclusive savings of up to 10 percent for NAR members.1 Expert agents can help you determine the best insurance options to fit your needs and protect your home, possessions and personal liability.