Sentences with phrase «proposed change of custody»

If the court, at its discretion, does not believe the proposed change of custody is appropriate and in the child's best interests, the motion is dismissed by the judge.

Not exact matches

Individuals seeking court ordered changes to existing Child Custody Arrangements will be required to file custody modification forms that specify details of the reasons for the request and the proposed soCustody Arrangements will be required to file custody modification forms that specify details of the reasons for the request and the proposed socustody modification forms that specify details of the reasons for the request and the proposed solution.

Although a significant majority of all respondents were in favour of amending the Divorce Act to change the language used to describe the post-separation care of children from «custody» and «access» to alternative terminology such as «parental responsibilities» and «parenting time,» a slightly larger proportion of respondents from Alberta supported the proposed amendment than respondents from the rest of Canada.

The likely impact of the proposed move on the noncustodial parent's relationship with the children is a relevant factor in determining whether the move would cause detriment to the children and, when considered in light of all of the relevant factors, may be sufficient to justify a change in custody.

[13] He considered (1) the existing shared parenting arrangement and the relationship between the children and Ms. G; (2) the existing shared parenting arrangement and the relationship between the children and Mr. S; (3) the desirability of maximizing contact between the children and both parents; (4) the views of the children, which had not been canvassed; (5) Ms. G's reason for moving; (6) the disruption to the children of a change in custody; (7) the disruption to the children consequent on removal from family, schools, and community; and (8) various other factors, such as Mr. S's economic stability, the importance of the paternal grandparents, the location of the proposed residence at Moyie Lake on a leased lot at an RV park, the girls» relationship with Mr. G and his children, and Ms. G's inflexibility.

Beyond 100 miles, however, the proposed relocation can have an impact on child and spousal support, legal and physical custody and property distribution because the courts recognize that the relocation fundamentally changes the relationship between the child and the noncustodial parent, particularly the costs of visitation.

To the extent feasible, the notice shall be provided within a minimum of 45 days before the proposed change of residence so as to allow time for mediation of a new agreement concerning custody.»

For other cases holding that proposed relocation requests which would result in the effective termination of a shared physical custodial arrangement should be treated as a modification of custody, see, e.g., Lewellyn v. Lewellyn, 351 Ark. 346, 93 S.W. 3d 681 (2002)(both mother and father petitioned for sole custody of children after mother's proposed relocation would make parties» shared physical custodial arrangement unworkable; court found that mother's relocation constituted material change of circumstances warranting award of sole custody to father, even though such a relocation would not be considered a material change in circumstances in a case that did not involve shared physical custody), and In re Marriage of Garst, 955 P. 2d 1056 (Colo..

In every situation, a change to a child custody order will only be granted if the proposed change meets the best interests of the children better than the order currently in place.

In order to change custody, the court hold, the best interest of the child must be considered at the time of the proposed change.

The proposed time - sharing changes could potentially upend the state's current policy of putting the needs of children first in favor of parents» wishes when judges determine custody arrangements, Scott wrote in Friday's veto letter.