Not exact matches
(c) If the
parents are actually spending substantially
equal intervals of
time with the child and the relocating
parent seeks to move with the child, the other
parent may, within thirty (30) days of receipt of notice, file a petition in opposition to removal of the child.
Some of the recent decisions, both from trial and interim applications, awarding
equal time shared
parenting and joint custody where one
parent typically
sought to be the sole custodial
parent with «access» to the other
parent every other weekend are as follows.
FAMILY LAW — CHILDREN — Best interests — Where both
parents seek sole parental responsibility and for the child to live with them — Where the respondent mother believes the child would settle down and accept the arrangement if the court ordered for the child to spend no
time with applicant father — Where the court has a statutory mandate to make
parenting orders with the child's best interests as the paramount concern — Where there is little doubt that the child would benefit from having a meaningful relationship with both
parents — Where the child's clear views that he does not want to spend
time with the respondent mother should be given significant weight in the circumstances — Where the child is of an age, maturity and intelligence to have principally formed his own rationally based views — Where the court is satisfied that it is in the child's best interests for the presumption of
equal shared parental responsibility to be rebutted — Where the respondent father is to have sole parental responsibility and the child is to live with him — Where the applicant mother is permitted to attend certain school and sporting events of the child — Where the child should be able to instigate contact with the respondent mother as he considers appropriate to his needs and circumstances — Where the orders made are least likely to lead to the institution of further proceedings in relation to the child — Where the child is to have the outcome of these proceedings, the effect of the orders and the reasons for judgment explained to him by an expert as soon as reasonably practical.
36-6-108 (2004)(where
parents are spending substantially
equal amounts of
time with child, no presumption in favor of either
parent arises when one
parent seeks to relocate).
The failed North Dakota «
equal parenting time» initiative
sought a rigid resolution of the most sensitive issue after divorce: how can
parents who no longer live together continue to raise their children.