Sentences with phrase «legal presumption of»

A legal presumption of equal parenting time effectively converts the current focus on the child's welfare to a best - interests - of - the - parents standard.

There is a consensus that an accessible network of family relationship centres that offer family mediation and other relevant support services are critical in the establishment of a legal presumption of shared parenting, and vital to the success of shared parenting arrangements.

However, Lang added that she doesn't expect the B.C. or federal governments to grant a legal presumption of shared parenting.

If we had a legal presumption of 50/50 physical custody, suddenly there would be nothing to fight over and most separated parents would cooperate well.

Here is a pandemic for which a proven vaccine is sitting on the shelf: a legal presumption of equal parenting after parents separate.

A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods / services listed in the registration;

Ontario's Victims» Bill of Rights goes on to describe how, for certain crimes including sexual and domestic assault, there is a legal presumption of having suffered emotional distress.

Basically then, a conviction gives rise to a legal presumption of wrongdoing which, unless rebutted with evidence, is conclusive against all affected parties in a civil suit.

The decision strips the franchise of legal presumption of ownership and the ability to use the federal trademark symbol and block importation of counterfeit Redskins goods.

establish legal presumption of your ownership of the mark and corresponding exclusive rights

In Florida, having a father's name on the birth certificate of a child born out of wedlock creates a legal presumption of paternity, but does not guarantee the father's rights.

So, a legal presumption of equal parenting.

A rebuttable legal presumption of shared parenting responsibility is empirically supported

Not exact matches

Nevertheless, he decried, and actually seemed surprised by the fact that the jargon, presumptions, odor of sanctity, and especially the legal tools left over from the civil rights movement's glory years, now three generations past, are being used to sanction homosexual unions and in general make of non-heterosexuals yet another legally privileged group.

If secular legal processes are deeply concerned with human dignity and the presumption of innocence, how much more carefully should such processes be employed in the Church of Christ?

Probably the presumption was that, merely by picking such a child up and taking it home, a person assumed the role of its legal guardian.

One of which is a legal presumption against giving custody to any person who has inflicted any violence against either a spouse or a child.

Also, given the very very severe consequences that go along with these sorts of accusations (both legal, and social), and the negligible consequences for a proven false accusation, the world you present seems like a terrifying place to live in as the sex that doesn't get that presumption of being truthful.

LaValle in a statement said he understood the presumption of innocence in the case, but he said the legal troubles shouldn't «be allowed to damage» public confidence.

The Movie: Working under the presumption that anyone of legal drinking age has had one of those nights of debauchery they can't remember the next day and that anyone who goes to Las Vegas expects that to be the norm, this comedic take on the missing person mystery takes a different look at the way Vegas has been depicted in movies by cutting to the very core of what the Vegas experience is for far too many visitors.

[148] When considering the presumption of advancement — issues of property division and «excluded property» under the FLA — the intended equivalency of legal position and treatment, for different types of unions, is directly relevant.

The BC Court of Appeal released the seminal VJF case but a new BC Supreme Court decision points out that there are powerful legal interpretation reasons to exterminate the presumption of advancement in British Columbia.

Whether you are guilty, innocent, negligent, or reckless is not relevant at this point because clients see a high net worth target (possibly with a big legal malpractice policy) as do some of their lawyers, media outlets can run sensational headlined «news» pieces, and although your are technically presumed innocent, police investigations operate under a presumption of guilt not so subtle premise — especially when the media spotlight is involved.

Under California Family Code § 3080, there is a presumption that joint custody (physical and legal — California Family Code § 3002) is in the best interest of the child.

When a paying parent is voluntarily unemployed or voluntarily underemployed, there is a presumption (a legal assumption) in Nevada that the unemployment or underemployment is for the purposes of intentionally avoiding a child support obligation.

But still, and perhaps even more importantly as a practical matter, the opinion for the Court suggests it is quite possible to make the argument that a particular «Guidelines sentence itself fails properly to reflect § 3553 (a) considerations» and that «the sentencing court does not enjoy the benefit of a legal presumption that the Guidelines sentence should apply.»

The crucial question at the heart of this particular case was whether, following Mr Kernott's departure from 39 Badger Hall Avenue, an intention between the parties could be found which would rebut the presumption of joint beneficial ownership (which presumption generally arises where there is joint legal ownership and no express declaration of trust that the co-owners should own in anything other than equal shares).

In addition, the Commission accords the legal effects and grants the presumption of conformity to the THSs by publishing the reference in the official journal.

«Instead of carefully reviewing the evidence in the case in order to determine whether or not the Crown had, in fact, established that the appellant possessed the specific intent of wilfulness required by s. 173 (1) of the Criminal Code, the trial judge erroneously convicted the appellant based upon a perceived (but non-existent) legal presumption that the necessary wilfulness was established by the fact that his acts of masturbation were in fact witnessed by another,» he wrote.

Under normal circumstances independent legal advice, if properly given should be sufficient to rebut any presumption of undue influence, but that was not the case in Cowper - Smith v Morgan 2016 BCCA 200 where the Court of Appeal upheld the trial judge in finding inter alia, that the independent legal advice provided was inadequate to rebut the presumption of undue influence.

Because New Mexico is just one of two states in the country that starts off with the presumption that joint legal custody is always best, fighting for sole custody will probably be an uphill battle.

Yet it took the Commission until November 2013 to put forward the Proposal for the Presumption of Innocence Directive (discussed on this blog), along with two further proposals, the Proposal for a Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings and the Proposal for a Directive on (provisional) legal aid.

[62] As previously stated, the central issue in this appeal is whether the judge erred in finding that the presumption of undue influence was not rebutted because of the inadequacy of the legal advice provided to Elizabeth by Ms. Iverson and Mr. Easdon when she signed the June 22, 2001 documents.

Alaska law also creates a «rebuttable presumption» (a legal assumption that has to be overcome with credible evidence to the contrary) that if an abusive parent has a history of committing domestic violence against the other parent, a child, or even a domestic living partner, the abusive parent must not be awarded sole legal custody, sole physical custody, joint legal custody, or joint physical custody.

The rebuttable presumption means that unless the abusive parent proves otherwise, the court will find that it's in the best interests of the child for the perpetrator parent not to have sole custody, joint legal custody, or joint physical custody of any kind.

Her divergence from the majority in both decisions rested on the view that judicial deference is based upon the principle of relative expertise or experience in a particular area, and thus this bare assertion of a presumption of deference simply because a statutory decision - maker is interpreting its home statute pays too little attention to whether the statutory decision - maker actually has sufficient expertise or experience to justify deference to its determination of a legal question (See Alliance Pipeline at para 80 and Alberta Teachers» Association at paras 82 — 89).

The presumption of innocence; holding the government to its burden of producing real evidence; resolving every plausible doubt in favor of the person targeted by the government; the right to legal counsel of your choice; and other Constitutional laws protecting the accused must be respected and enforced by every juror and every person — in order to protect everyone's Liberty and Freedom from injustice.

Stating that administrative decision - makers such as the FOIP Commissioner are entitled to alter precedents or completely depart from an earlier interpretation of legislation — as Justice Manderscheid states here (at para 84)-- was perhaps tenable in a legal system that did not employ a strong presumption of deference to substantive legal findings made by these persons.

The defending narrative doesn't expressly consider any of those costs because, from the perspective of its proponents, those costs have already been factored into society's decision to enshrine the presumption of innocence into the legal system — that's a decision that has already been made for them.

In my view, a meaningful presumption resulting in a form of «creeping monism» is only slightly less troubling than a de jure monist system in the Canadian context, and for the same reasons: it would effectively permit the federal executive, in executing its power to adhere Canada to international legal obligations, to unilaterally modify, expand or contract the meaning of Charter guarantees.

In Texas, the presumption is that both parents should be equally involved with their children; so the legal terminology is that parents will be joint managing conservators of their children, and often parents will agree to a parenting plan that allows for liberal, equal visitation by both parents.

OTTAWA — Previous Right to Know columns have considered the legal doctrines of «proof beyond a reasonable doubt» and «the presumption of innocence» in the context of examining the critical roles that defence lawyers and prosecutors play in our justice system.

Most custody fights are fought over physical custody since there is usually a strong presumption of joint legal custody.

North Dakota has a presumption (a legal assumption) that a paying parent is underemployed if one of two statements about earning capacity is true:

For most people involved in a Florida rear - end collision, the «presumption of negligence» is a legal doctrine that comes into play only if the case becomes a lawsuit and that lawsuit makes it to the jury.

He reviews in some detail the legal presumptions that technology - specific legislation tends to contain: presumptions of integrity, of ownership of the signature creation data, and of signature itself, and the defences available to rebut the presumptions.

Is there any presumption under US law that casually giving advice to others on matters of law constitutes professional legal advice?

There is a rebuttable presumption that continuing the current allocation of decision making under a legal custody order or continuing the child's physical placement with the parent with whom the child resides for the greater period of time is in the best interest of the child.

In layman's terms, the «presumption of advancement» is a legal principle that essentially states that a transfer of property from one spouse to another is a gift to the receiving spouse to be legally owned by the receiving spouse.

The problem with these recent decisions isn't so much the Court's desire to curb the presumption of deference and apply correctness to review fundamental legal questions decided in the first instance by a statutory tribunal — this is well within the jurisprudence of Dunsmuir v New Brunswick, 2008 SCC 9 and seems to make good sense from most perspectives — but rather the ease with which the Court suggests we can decipher fundamental legal questions from the rest of the field in deciding when to apply the presumption of deference and when not to.