Sentences with phrase «shared parental decision»

The overwhelming majority of divorces result in parties agreeing to shared parental decision - making subsequent to their divorce.

When parents share legal custody, they generally share parental decision - making rights.

Not exact matches

Time sharing involves physical time with the child, whereas parental responsibility refers to make critical decisions on the child's behalf, such as those concerning her schooling, medical care and religious upbringing.

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Overturning the tribunal's decision, the EAT held that a father taking shared parental leave is not comparable with a woman on maternity leave.

Child custody or the allocation of parental rights and responsibilities determines how parenting time and decision making will be shared.

Employers who pay enhanced maternity pay, but do not pay equivalent shared parental pay, should therefore be reassured by this decision.

To effectively determine how parental responsibilities will be shared, your and your former spouse or the parent of your child may wish to agree upon legal custody or decision making, including medical decisions, education decisions, and religious decisions; physical custody including the child's primary residence, secondary residence, weekend and holiday residences, and summer vacation.

The EAT have held that an employer's failure to pay enhanced shared parental leave (SPL) to a male employee when it did pay enhanced maternity leave to female employees was not direct sex discrimination (our blog on the Tribunal's earlier decision can be found here).

Lewis Silkin discuss the case of Capita Customer Management Ltd v Ali and the recent decision by the Employment Appeal Tribunal (EAT) that it is not sex discrimination to refuse to pay a father full salary during shared parental leave.

The court may award joint custody, where the parents share decision - making for the children, or sole custody, one parent having control over and parental responsibility for the care, upbringing and education of the child.

The parenting plan outlines parental responsibility (decision - making authority) along with a time - sharing (custody) schedule.

Where two or more people share parental responsibility and one disagrees with the decision of the other, they can apply for a Prohibited Steps Order restricting the other person's ability to exercise their parental responsibility rights.

These include: Schooling Medical Treatment Religion Place of residence Where two or more people share parental responsibility and one disagrees with the decision of the

This case is the first challenge to an employer's decision about enhanced pay during a period of shared parental leave.

The issue of whether it is discriminatory to enhance maternity pay but not shared parental pay remains unresolved by the higher courts, but this decision ought to prompt employers to review their policies about enhanced pay to avoid falling into the trap that Network Rail did, and also to ensure that there is parity between the provisions of any policies relating to shared parental leave in general.

In the case of Capita Customer Management Limited v Ali the Employment Appeal Tribunal («EAT») reversed the decision of the Employment Tribunal («ET») and ruled that an employer did not directly discriminate against men on grounds of sex by refusing a new father enhanced pay whilst on shared parental leave whilst female employees received enhanced maternity pay for the first 14 weeks of maternity leave.

The person named in a Child Arrangements Order shares parental responsibility for the child with the parents, and can make most important decisions on behalf of the child without needing the permission of the parents.

The court is guided by the best interests of the child, and considers: the relationship of the child with each parent and the ability and disposition of each parent to provide the child with love, affection and guidance, the ability and disposition of each parent to assure that the child receives adequate food, clothing, medical care, other material needs and a safe environment, the ability and disposition of each parent to meet the child's present and future developmental needs, the quality of the child's adjustment to the child's present housing, school and community and the potential effect of any change, the ability and disposition of each parent to foster a positive relationship and frequent and continuing contact with the other parent, including physical contact, except where contact will result in harm to the child or to a parent, the quality of the child's relationship with the primary care provider, if appropriate given the child's age and development, the relationship of the child with any other person who may significantly affect the child, the ability and disposition of the parents to communicate, cooperate with each other and make joint decisions concerning the children where parental rights and responsibilities are to be shared or divided, and any evidence of abuse.

Under child custody laws in New Hampshire, joint legal custody, wherein both parents share joint responsibility for all parental rights and decisions, is deemed beneficial for the child.

The plan should indicate whether you will have shared parental responsibility, indicating whether both parents will jointly make major decisions affecting the welfare of the children or whether both parents will make decisions together unless there's disagreement, then one parent will have the final decision - making authority on certain subjects, or if one parent will have sole parental responsibility and make major decisions alone.

Divorced parents sometimes struggle to agree on child custody and visitation, which is now known as parental responsibility regarding decision making and time - sharing as to their time with the children.

If the presumption is not rebutted after the convicted parent is advised by the court that the presumption exists, shared parental responsibility, including time - sharing with the child, and decisions made regarding the child, may not be granted to the convicted parent.

Issues addressed in a parenting plan include parental responsibility (decision - making authority), a time - sharing schedule (including holiday time - sharing), and matters that are specific to your family's needs.

If the parenting order provides that two or more people have equal shared parental responsibility, any decision about a major long - term issue in relation to a child must be made jointly.

Relationships of shared decision making with parental perceptions of child mental health functioning and care.

When baby Jade is born, both Jesse and Shayna will have equal shared parental responsibility and will share in making decisions about Jade's long - term welfare.

The Special Guardian then shares parental responsibility for the child with the parents, and can make nearly all the major decisions about the child without having to consult them.

In decision making, the parents may share parental responsibility or one of the parent's may obtain sole parental responsibility.

If the parent's share parental responsibility, it can still be designated in the parenting plan specifically which parent has decision making over certain issues.

The parenting plan will outline, among other things, parental responsibility (the authority to for a parent to make decisions regarding a child's welfare) and a time - sharing (visitation) schedule.

The plan should detail such things as the time - sharing schedule, including holidays, vacations and special occasions, transportation routine, communication between children and parents, how decisions will be made and disagreements handled, and parental responsibility for healthcare, daily tasks, extracurricular activities and school functions.

(ii) shared parental responsibility with ultimate decision - making authority delegated to one parent, where the parents must confer on major decisions but one parent has the right to make final decisions on certain issues; or

Incorporates legal parental rights and responsibilities to make important decisions regarding issues of health, education, general welfare and religion affecting the child (ren), as well as, sharing a dual residency status of living with both parents.

For example, if you live in the province of Québec, parents share parental authority, which includes important decisions about the children such as health care, education and religion.

In a nutshell, the report found that the legal professionals who utilize it have an overwhelmingly positive view of its ability to reduce parental conflict, move cases more quickly through the court, help children, assist in the time - sharing process, improve joint decision - making, and increase parental communication.

There is consensus that «shared parenting» be defined as encompassing both shared parental authority (decision - making) and shared parental responsibility for the day - to - day upbringing and welfare of children, between fathers and mothers, in keeping with children's age and stage of development.

As shared parenting encompasses both shared parental authority (decision - making) and shared parental responsibility for the day - to - day upbringing and welfare of children, between fathers and mothers, in keeping with children's age and stage of development, there is consensus that legal implementation of shared parenting, including both the assumption of shared responsibilities and presumption of shared rights in regard to the parenting of children by fathers and mothers who are living together or apart, be enshrined in law.

In Maine, shared parental rights mean that both parties have equal responsibility and decision - making power in the minor child's life.

However, when a court awards «shared» parental rights and responsibilities, which is the most common form of custody in Maine, both parents are responsible for making decisions concerning the child's welfare with both parents having an equal say.

Rather than ordering shared parental rights and responsibilities, a judge might decide to allocate parental right and responsibilities, which means he assigns each parent the right to make certain decisions, such as giving one parent the right determine where a child will go to school, while the other might decide the child's religious upbringing.