Sentences with phrase «imposed upon the parties»

The best interests of the children are paramount in every divorce and if the parents are unable to agree on custody, visitation and other important child - related issues, the court will make decisions that will then be imposed upon the parties.

Not exact matches

[5] Pius XI made clear in his encyclical on education, «when the faithful demand Catholic schools for their children, they are not raising a question of party politics, but simply performing a religious duty which their conscience rigidly imposes upon them.»

The 2016 Republican Party platform, in contrast, charged that the original purpose of Title IX had been perverted «by bureaucrats — and by the current President of the United States — to impose a social and cultural revolution upon the American people.»

No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by a contract to which it is a party.

There were no such options for Hannah as it seemed the entire nation was party to the morals imposed upon her.

It's not a matter of ideology but rather criminal intent (mens rea) and criminal effect, not to mention the civil aspects of such cases, in which compensatory and punitive damages may be imposed upon the miscreant parties involved in the perpetration of deceit for the purposes of pecuniary or other material gain attained to the detriment of specific other people and the public at large.

Information about any installer or other third party on the Website shall not be interpreted or construed to create an association, joint venture, agency, partnership, franchise, sale representative or employment relationship between the parties or to impose any partnership obligation or liability upon either Mosaic or any third party.

21 That the court has an inherent jurisdiction to impose costs to achieve justice between parties is undeniable but the imposition of costs upon non-parties is an unusual event and such a costs order should, I venture to suggest, be made only in special circumstances.

The court may impose a constructive trust upon marital property transferred by one of the parties into the title of a third person.

If a person pretends such a marriage, and proclaims it to others, the law considers it as a malicious act, subjecting the party against whom it is set up to various disadvantages of fortune and reputation, and imposing upon the public (which for many reasons is interested in knowing the real state and condition of the individuals who compose it) an untrue character; interfering in many possible consequences with the good order of society, as well as the rights of those who are entitled to its protection.

It also gives an example where a court found that» [e] ven where need is established, if the other spouse does not have the ability to pay, it is an abuse of discretion for a court to impose such an obligation upon one of the destitute parties which will hang as a sword over the obligor».

Now, the parties are explicitly called upon to share in the responsibilities imposed by that Rule with the following additional language: «[T] hese rules should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.»

The SCC also discussed the distinction between the federal and provincial third party registration schemes: the Canada Elections Act imposes a quantitative threshold of registration only upon reaching $ 500 in election advertising expenses while the BC Election Act imposes a qualitative threshold of registration in advance of undertaking an organized election advertising campaign.

The Court held that it need not find a «special relationship» between Crane Co. and Ms. Jones to impose a duty because the plaintiffs allegations were based upon Crane Co.'s own alleged misfeasance in utilizing asbestos - containing products and not on an alleged failure of Crane Co. to protect against the actions of a third - party tortfeasor.

If charged under section 272 of the Criminal Code with Sexual Assault with a Weapon, Threats to a Third Party or Causing Bodily Harm the maximum penalty that can be imposed upon conviction is fourteen years imprisonment.

Moreover, the order issued by Administrative Judge Allard is novel, and demonstrates that the Tribunal may impose creative measures upon the parties if deemed appropriate in the circumstances.

The result will be an agreement that reflects the needs of both parties and the family, and not one that is imposed upon you.

Mediation typically leads to better compliance with the agreement over the years because the parties created their own agreement rather than having it imposed upon them.

Visitation is the schedule agreed upon by the parties, or imposed by the court, by which the parties coordinate their respective parenting time with their children.

In mediation parties are not bound by the law, but can fashion their own settlement terms without regard to what a judge might impose upon them based on the law after trial.

The terms of the divorce are agreed upon by the parties rather than imposed upon them by a Court.

[FN67] While such eventualities would not necessarily preclude a joint custody award, they do underscore the difficulty of imposing interaction implicit in the marital relationship upon parties who are not in that relationship.

While an agency relationship does impose certain obligations upon the parties, courts also look to all aspects of the relationship to determine whether there has been a breach of fiduciary duty.