Sentences with phrase «residence of the child»

This is because the habitual residence of the child determines where the proper jurisdiction shall be.

Physical custody may call for one parent's home to be the primary residence of the child while the other parent is granted ample visitation.

If your child is still a dependent and your former spouse / partner has primary physical residence of the child then you will have to pay child support.

At this time the draft bill specifically identifies family proceedings, such as actions of divorce or actions relating to residence of a child etc. as being excluded.

She even goes on to say that when the parents can not agree to the future residence of the children the courts should be allowed to order shared - parenting.

The appeal is likely to engage questions around how best to determine the habitual residence of a child.

The court establishes the primary residence of the children, which is the place where the children spend most of their time.

This plan includes each parent's rights and responsibilities, and the physical residence of the child.

This would entail a shift from the current established «parental intentions» approach to a more «child - centered» approach when interpreting the provisions on habitual residence of a child in the Hague Convention.

The OCL's factum advocates for the adoption of a purely child - centered approach to the question of habitual residence of a child within the context of the Hague Convention mechanism (Factum of the Appellant OCL at para 4).

139 One might argue that there was some urgency in releasing an arbitral award changing custody and the primary residence of the children given the abuse allegations.

The government of the habitual residence of the child then contacts the government of the country where the child is now located to initiate the Hague proceedings.

After considering all relevant facts, the father of the child shall be given the same consideration as the mother in determining the primary residence of a child irrespective of the age or sex of the child.

It is an alternative to the much more expensive, protracted and intense full custody evaluation and may be applicable to those parents who can't afford a full custody evaluation or where the dispute is minimal (such as the parties fighting over two versus three overnights per week with the parent of alternate residence of the children).

Article 13 * of S.I. 142/2007 sets out the statutory rules for determining the normal residence of a child.

Furthermore, no differences emerged between the two samples on maternal relationship status χ2 (6, N = 198) = 3.18, ns; residence of the child χ2 (6, N = 199) = 7.94, ns; and ethnicity of the child χ2 (5, N = 197) = 3.18, ns.

(a) has become the habitual residence of the child after the court referred to in paragraph 1 was seised; or

A final parenting plan includes the designation of a parent as primary custodian, the naming of the physical residence of the child, the details about shared financial responsibilities to provide for the child, and factors related to the physical and mental well - being of a child.

An order for joint custody may specify one home as the primary residence of the child and designate one parent to have sole power to make decisions regarding specific matters while both parents retain equal rights and responsibilities for other matters.

If a child living outside Japan is lawfully relocated to Japan (whether by court order or parental agreement) the habitual residence of the child will shift to Japan relative quickly after the relocation.

There is no rule that one parent can not unilaterally change the habitual residence of a child; and

On 22 February 2008 the mother filed an application in England under the Children's Act 1989 including for residence of the children.

With respect to issues concerning custody and guardianship of the children requiring change, from the standpoint of children ¡ ¯ s welfare, it is appropriate to authorize adjudicative jurisdiction to a court having jurisdiction over the abiding place or the habitual residence of the children.

[8] By a further order dated November 6, 2002, the parties continued to have interim joint custody and guardianship, with the primary residence of the children being with the plaintiff.

It clarifies the law on the habitual residence of a child and the circumstances in which a child may lose his / her habitual residence

Family: This department deals with matters ranging from contact and residence of children, through to divorce and high net - worth litigation.

The Supreme Court (Cour de cassation) considered that the residence of the child must be established, taking account of all the specific circumstances, including the common intention of the parents to transfer this residence as well as the decisions taken for the integration of the child.

Pauline Fowler was interviewed today on BBC Radio 5 Live on the Supreme Court's ruling on the habitual residence of a child.

It is submitted that at most this might justify not changing the residence of the child, but it does not justify there being no contact between the children and birth parents.