Sentences with phrase «orders made by the court with»

any order made by a court with respect to the property or the support or maintenance of one or both of the spouses or adult interdependent partners, and

Not exact matches

55 (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 54 (1) is commenced by making an application for leave to the Court.

Although Palmer has abided by a court - ordered support payment schedule — making monthly payments of $ 1,250 — a lawyer familiar with the case says that Palmer has never seen or attempted to contact his daughter.

It should be noted that a natural father without PR still has certain legal rights in relation to his child, e.g.: • an automatic right to apply to the court for certain court orders in respect to his child • in an emergency, the right to consent to medical treatment for the child • if the child is being looked after by the local authority, the right to have reasonable contact with his child and the right for the local authority to give due consideration to his wishes and feelings in relation to important decisions they make about the child, including decisions about adoption and contact arrangements after adoption.

Judge Edwin Berman appointed Don Massaro, executive director of the Catholic Cemeteries, to make sure the bodies were buried in compliance with a court order that Berman issued Wednesday in a case brought by the Chicago Rabbinical Council.

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good - faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

Nigerian government now seeks a court order compelling the two companies to pay into the Federal government of Nigeria account with the Central Bank of Nigeria, the sum of USD 406,751,070 being the total value of the missing revenue from the shortfall / undeclared / under - declared crude oil shipments of the country, made by the companies to United States of America.

Among the provisions, the law would empower Child or Adult Protective Services to seek a court order to enter premises to investigate claims of abuse if access is denied by the homeowner; allow Child Protective Services to share information about prior abuse with Adult Protective Services; and make it a Class A misdemeanor to deny Child or Adult Protective Services access to an alleged victim for an interview.

Alfred Woyome has arrived at a payment structure with the Republic of Ghana through its constitutionally mandated Attorney General and Alfred Woyome will pursue that by God's grace to make sure the orders of the courts are respected,» he added.

The appeal is challenging the orders made by Justice Okon Abang of the Federal High Court in Abuja on June 29 and October 14, 2016, which the Independent National Electoral Commission acted on by dropping Jegede and replacing him with Ibrahim as the party's standard bearer in the forthcoming election in the state.

Consequent to the above directives, we find it necessary and expedient to make a further order to stay all court proceedings pending in the various High Courts against the applicant by some of the disqualified presidential candidates on the same issue of having been denied a hearing to enable the EC to carry out its mandate in line with these orders.

Among the allegations in the complaint is that UAlbany violated a 1994 order by the state Supreme Court in Albany County that required any changes to the athletic program at UAlbany would be made in compliance with federal law, and that affected students would be given adequate opportunity to transfer.

Conservative Republican members of the Kansas legislature in 2005 tried to couple school spending that had been compelled by courts with a proposed amendment that would have prohibited courts from ordering the legislature to make appropriations.

Even so, Rossell and Baker conclude that «additional, methodologically sound research needs to be conducted in order for the courts and policymakers to make intelligent decisions» (p. 39) and that «we are struck by how small the differences are... between programs with very different amounts of English instruction» (p. 43).

«We are pleased that the December 7, 2010 court order has served as a catalyst for change and are glad to see the Los Angeles Unified School District (LAUSD) making efforts to meet the terms of Prop. 39 by increasing the number of offers to provide district facilities to charter schools, particularly after years of not complying with the legal requirements of Proposition 39.

The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.

Term Life Insurance By Jeff reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Term Life Insurance By Jeff to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Use.

The court has a discretion as to whether repayment should be made by a losing payee spouse; and thus for example «to order repayment unconditionally or subject to a prohibition against enforcement against her without further leave»; but such discretion «should certainly not be equated with that of determining the incidence of costs at the conclusion of an appeal».

A subsidiary, and, as time may tell, perhaps a more significant issue, was how an appellate court should deal, on appeal, with a legal services order made by the judge below.

The borrowers argued that this was a breach of Art 1 of the First Protocol of the European Convention on Human Rights, and that in order to be compatible with the Human Rights Act 1998 (HRA 1998), s 36 AJA 1970 should be construed by the court to include applications made by a purchaser, as well as a lender.

If the English Court made an order for transfer of a Scottish property (say, from both spouses to one of them) then if one of the spouses fails to comply with the order by refusing the sign the transfer documents, there seems to be no easy way to make that happen.

Our lawyers recognize the severe impact that may arise if sensitive, confidential information is made publicly available, and are familiar with the most effective strategies to contain and resolve such matters as quickly as possible — whether through emergency injunctive relief, by sealing court records, or by obtaining protective orders related to the trade secrets at issue.

In Upjohn Co. v. United States, 6 the United States Supreme Court held that a company's attorney — client privilege extends to company counsel's communications with employees in certain prescribed circumstances.7 Rather than providing a simple objective test, the Upjohn court instead established five factors to guide courts in determining whether the company's privilege should extend to counsel's communications with its employees: (1) whether the communications were made by employees at the direction of superior officers of the company for the purpose of obtaining legal advice; (2) whether the communications contained information necessary for counsel to render legal advice, which was not otherwise available from «control group» management; (3) whether the matters communicated were within the scope of the employee's corporate duties; (4) whether the employee knew that the communications were for the purpose of the company obtaining legal advice; and (5) whether the communications were ordered to be kept confidential by the employee's superiors, including that the communications were considered confidential at the time and kept confidential subsequent to the interview.8 When these elements are established, courts generally consider communications between company counsel and an employee to be within the scope of the company's attorney — client privilCourt held that a company's attorney — client privilege extends to company counsel's communications with employees in certain prescribed circumstances.7 Rather than providing a simple objective test, the Upjohn court instead established five factors to guide courts in determining whether the company's privilege should extend to counsel's communications with its employees: (1) whether the communications were made by employees at the direction of superior officers of the company for the purpose of obtaining legal advice; (2) whether the communications contained information necessary for counsel to render legal advice, which was not otherwise available from «control group» management; (3) whether the matters communicated were within the scope of the employee's corporate duties; (4) whether the employee knew that the communications were for the purpose of the company obtaining legal advice; and (5) whether the communications were ordered to be kept confidential by the employee's superiors, including that the communications were considered confidential at the time and kept confidential subsequent to the interview.8 When these elements are established, courts generally consider communications between company counsel and an employee to be within the scope of the company's attorney — client privilcourt instead established five factors to guide courts in determining whether the company's privilege should extend to counsel's communications with its employees: (1) whether the communications were made by employees at the direction of superior officers of the company for the purpose of obtaining legal advice; (2) whether the communications contained information necessary for counsel to render legal advice, which was not otherwise available from «control group» management; (3) whether the matters communicated were within the scope of the employee's corporate duties; (4) whether the employee knew that the communications were for the purpose of the company obtaining legal advice; and (5) whether the communications were ordered to be kept confidential by the employee's superiors, including that the communications were considered confidential at the time and kept confidential subsequent to the interview.8 When these elements are established, courts generally consider communications between company counsel and an employee to be within the scope of the company's attorney — client privilege.9

[p] unish as contempt of court any willful failure of a party to comply with the provisions of any order made by the court [under the equitable distribution statute]».

When faced with an application to vary an order, the court should not ignore a mutually - accepted separation agreement such as the one reached by these spouses; however, it will be only one of several factors that goes into the threshold question of whether there has been a «material change» in circumstances since the initial order was made.

(3) Without prejudice to any other power to deal with an act of contempt under paragraph (a) of subsection (1), the court may order the instrument, or any recording made with it, or both, to be forfeited; and any object so forfeited shall (unless the court otherwise determines on application by a person appearing to be the owner) be sold or otherwise disposed of in such manner as the court may direct.

[42] I told Mr. Elkin that the question I had raised concerned compliance or lack of compliance with the order made by Stinson J. I told him that the Supreme Court of Canada has said that the civil justice system in Canada is broken and that more intensive Trial Management is one of the mechanisms being implemented to try to repair the system.

Their effect is to continue in the family court any maintenance application issued in the magistrates» court before 22 April 2014 and to treat any maintenance order made by or registered with magistrates as if it had been made by the family court.

By contrast, the second sentence, which applies only where the order has been carried out improperly, commits the applicant to comply with any order for damages the court may make, including, possibly, an award of exemplary damages.

Individuals shall not, directly or indirectly, disseminate, make available, disclose, or use any reason other than performance of their job with the Company, any confidential information or proprietary data of the Company, unless and only to the extent such release or disclosure is required by any court or administrative agency (and then only after prompt notice to the Company to permit the Company to seek a protective order).

Child support payments must be made regularly, and if a noncustodial parent fails to make ordered payments, then the court's probation division will help the custodial parent receive the amount owed by filing a motion with the family court.

This applies both where that advice is limited in time, eg until after a criminal defence statement has been filed and served and, worse still, the advice is given not to make such a response at all; • (f) the date on which a party to care proceedings is to file and serve a criminal defence statement in linked criminal proceedings is wholly irrelevant to the court's determination of the date on which that party should file and serve a response to threshold and / or to file and serve a narrative statement in the care proceedings; • (g) the mere fact that a party is ordered to file and serve a response to threshold and / or to file and serve a narrative statement before the date a criminal defence statement is to be filed and served in criminal proceedings is not a ground for failing to comply with the former order; • (h) it [is not] a ground for an application to extend the time for compliance with an order to file and serve a response to threshold and / or to file and serve a narrative statement until a date after the criminal defence statement has been filed and served; and • (i) any issue about alleged prejudice to a defendant in criminal proceedings based on him being required to file and serve a response to threshold and / or to file and serve a narrative statement before the date of a criminal defence statement is to be filed and served, or at all, only arises and is only potentially relevant if and when an application is made by the police and / or a co-accused for statements and documents filed in the family proceedings to be disclosed into linked criminal proceedings [see Re C (A Minor)(Care Proceedings: Disclosure)[1997] Fam 76, [1997] 2 WLR 322, sub nom Re EC (Disclosure of Material)[1996] 2 FLR 725, CA].

And within 10 working days: of a court receiving a letter, you will get a reply written to you or by telephone; of a judge's order, you will get a copy sent to you; of the court receiving a request for cancellation of a registered judgment — paid within one month — with proof from the claimant of payment, a certificate of cancellation will be sent out; and of the court receiving a request for a warrant of execution with the fee, the warrant will be sent to a bailiff — and the court will ensure that the bailiff makes a visit within 15 working days from the warrant being sent out.

• (a) and (b) do not directly relate to the parent's statement; • (c) a legal practitioner is entitled to advise a client of (i) the provisions and import of s 98 of the 1989 Act and (ii) the ability of the police and / or a co-accused to make application for disclosure into the criminal proceedings of statements, reports and documents filed in the care proceedings; • (d) it is wholly inappropriate and potentially a contempt of court, however, for a legal practitioner to advise a client not to comply with an order made in care proceedings; • (e) it is wholly inappropriate and potentially a contempt of court for a legal practitioner to advise a client not to give a full, accurate and comprehensive response to the findings of fact sought by a local authority in the threshold criteria document.

She was charged with disobeying a court order, which she tried to quash by claiming that two of the Rules of Civil Procedure make it impossible to apply that section of the Criminal Code.

The Art makes clear that such an order may be superceded by a subsequent order of the court with the later jurisdiction which modifies, replaces or terminates the original measure.

That is not a problem because the Supreme Court's mandate, having granted leave, is to make the decision that ought to have been made by the lower court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26Court's mandate, having granted leave, is to make the decision that ought to have been made by the lower court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26Court of Canada Act, R.S.C. 1985, c. S - 26, ss.

With offshore trusts, there can be difficulty with obtaining disclosure from the trustees or enforcing any order made by the English coWith offshore trusts, there can be difficulty with obtaining disclosure from the trustees or enforcing any order made by the English cowith obtaining disclosure from the trustees or enforcing any order made by the English court.

Parenting coordination provides an alternative dispute resolution process whereby an impartial third person called a parenting coordinator assists the parties in developing or implementing their parenting plan by facilitating the resolution of disputes in high conflict cases, providing education and making recommendations to the parties, and, with the prior consent of the parties and approval of the court, making limited decisions within the scope of the order of referral.

On the legal custody issue, the Court of Appeals agreed with my client that the family court erred in finding he did not have final decision - making authority under the previous order, finding that the old order «implicitly granted him final decision - making authority by virtue of granting him primary legal custody.&rCourt of Appeals agreed with my client that the family court erred in finding he did not have final decision - making authority under the previous order, finding that the old order «implicitly granted him final decision - making authority by virtue of granting him primary legal custody.&rcourt erred in finding he did not have final decision - making authority under the previous order, finding that the old order «implicitly granted him final decision - making authority by virtue of granting him primary legal custody.»

We recommend that you keep in close touch with your instructing solicitors, to find out what orders have been made by the court about expert evidence.

In light of the defendant's failure and unwillingness to comply with the order made by Stinson J., its late disclosure of important documents, counsel's uncivil conduct leading up to and at the trial, and the repeated failures of the defendant's counsel to comply with the directions and orders of the court, it is appropriate for the court to exercise its discretion to deny the successful defendant its costs.

(a) lawful authority refers to lawful authority other than (i) a subpoena or warrant issued, or an order made, by a court, person or body with jurisdiction to compel the production of information, or (ii) rules of court relating to the production of records; and (b) the organization that discloses the personal information is not required to verify the validity of the lawful authority identified by the government institution or the part of a government institution.

In HH v DB, 2016 ABQB 164 (CanLII), Justice J.S. Little dealt with Ms H's appeal of a parenting order made in Provincial Court, where she was represented by counsel and Mr B was not.

It was argued that the Court, as a public authority, was bound by s6 HRA 1998 to consider whether it was a proportionate interference with her Convention rights to make the order.

With hire continuing to rack up day by day due to the vessel's owners, and no indication that the voyage charterer was ever going to make payment of the sums due, the time charterer sought an order from the English Court authorising it to sell the cargo for and on behalf of whoever was interested in it.

Whilst the KRG is subject to any number of pressures from the war with ISIS, the dispute with the FRI, the refugee problem and the fall in the price of oil, it has descended into no detail in giving financial information to the court to satisfy it that it can not pay the Second PFA or the Third PFA and it has made no effort to pay any sums due under them, above and beyond those ordered by the English Ccourt to satisfy it that it can not pay the Second PFA or the Third PFA and it has made no effort to pay any sums due under them, above and beyond those ordered by the English CourtCourt.

Speech by Sir James Munby (president of the family courts) to the Society of editors: - «I have said this many times in the past but it must never be forgotten that, with the state's abandonment of the right to impose capital sentences, orders of the kind which family judges are typically invited to make in public law proceedings are amongst the most drastic that any judge in any jurisdiction is ever empowered to make.

Hence, an unexecuted order of this kind, made by a state court to restore possession to the parties who had been deprived of it by a decree which had been reversed, can not be interfered with by another court by way of injunction, especially by a court of the United States, by reason of the Act of Congress of March 2, 1793, 1 Stat.

On basis of limited admissions made by father, the Court were content not to proceed with fact finding hearing The Court Ordered parental responsibility to the father and direct contact once father had engaged onto the Living Without Violence Programme.