Sentences with phrase «sole judgment of the court»

Not exact matches

Barking Hound argued that the trial court erred in not granting summary judgment on this claim because the plaintiff had failed to present evidence that the deceased dog had actual market value, which Barking Hound contends is the sole form of damages recoverable.

Believing this evidence to be crucial to his case, Schaefer asked the court to enter judgment in his favor because the evidence had been in the sole control of the defendant, and it was their duty to preserve it.

Lady Hale, giving the sole judgment of the Supreme Court, considered that the true issue was not the jurisdiction of the Court of Protection (as it had been put by both Eleanor King J and Sir James Munby P in the Court of Appeal), but rather the approach it should take in light of its limited powers.

The Appeals Court of Stockholm (Svea Court of Appeal) has recognized a judgment by Family Court of the State of Rhode Island, Providence, USA, according to which two Swedish men are the sole legal parents of a daughter born by a surrogate mother in the US.

It is unlikely that the Supreme Court would depart from its conclusions in Horncastle, even in the face of a Grand Chamber judgment expressly and emphatically affirming the «sole or decisive» hearsay test.

Kansas courts usually award sole custody only when one parent is literally unable to contribute to decision - making, such as if he is mentally incompetent, or his judgment might be unsound or detrimental to his child, such as if he has been convicted of a serious crime and is incarcerated.

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.

270 A.D. 2d 489, 705 N.Y.S. 2d 281), that it can not be said that the Supreme Court's determination [to grant father's motion to change the custody provisions of the parties» judgment of divorce from joint custody to sole custody in his favor] lacked a sound and substantial basis (see Eschbach v. Eschbach, supra).»