Sentences with phrase «where custodial»

In cases where custodial rights are interrupted and there is no imminent danger, compelling reason, or previous agreement, the court will consider this to be custodial interference and can take action.

Rather the salient group would be built of cases where the custodial parent was prevented from moving.

«Even though the court order says you can not leave the country, there are cases where the custodial parent leaves the country and takes the child with them.

This grant funds the establishment and administration of facilities across Michigan where a custodial parent may safely deliver a child to the other parent for supervised visitation, and if necessary where visitation takes place under the watchful eye of professionals trained in domestic violence prevention.

We are frequently asked whether a custodial parent can move out of state with the minor children over the objection of the non-custodial parent, particularly where the custodial parent is to be remarried or has experienced a change in employment.

You can file a petition for modification in the circuit court of the Alabama county where the custodial parent lives or in the county that issued the original support order.

In America's very mobile society, very frequently divorced parents face the situation where the custodial parent wants to relocate.

So, in cases where the custodial parent has the child for a majority of the time, the non-custodial parent has the burden of convincing the court that there is a «change of circumstances» that require the court to award custody to the non-custodial parent.

These do not conform to the conditions set out in rules 1 (arrest as last resort), 13 (non-custodial sentences), 14 (sentencing factors) and 15 (where custodial sentences are considered necessary, for the shortest possible time).

The motion judge cited numerous cases where custodial sentences were imposed ranging from three to 18 months.

This is particularly true in move - away cases, where a custodial parent desires or has the need to relocate to a distant location and take their child with them.

The finding of the Grand Chamber, indeed, should be tested in a reverse situation, where a custodial sentence has already been served but the fine has not yet been paid.

Following the counter-terrorism review, local authorities will only be able to use the powers where the custodial sentence could amount to more than six months imprisonment.

Requests for virtual visitation are generally made by the non-custodial parent in situations where the custodial parents seeks to relocate or move out of the area with a child — thereby interfering with existing parental visitation rights.

Not exact matches

These types of accounts, where financial gifts to a minor are held in a custodial account until the child reaches adulthood, offer another option for saving for your child's education.

For example, in cases where a single mom is raising a child on her own, and the father is voluntarily uninvolved, the courts may expect her to actually file for child custody in order for her to be legally considered the custodial parent.

«We can not dismiss or under - estimate the threat from the far - right and we've seen recently a number of cases where there have been convictions and custodial sentences for far - right wing extremists that would have caused havoc in our communities and what you've got to remember is it's not that the Muslim community condones terrorism.

The decision means Huhne himself will soon join his ex-wife in court for sentencing, where they can expect a short custodial sentence.

One way that a2M might perform this custodial chore is by carrying the bound b amyloid into cells where it can be degraded — a step that requires that it bind to the very same receptor that another protein, called apoE, uses to enter cells.

What's more, assets in a custodial account where you're the custodian are considered part of your estate until the child reaches majority.

The highest and best use of custodial accounts is in situations where you have a genuine desire to make a financial gift to a child.

FDIC pass - through insurance protects funds placed on behalf of an American Express Serve Member against the risk of loss (up to the then applicable FDIC deposit insurance limits) should any FDIC - insured bank (s) where we maintain Custodial Account (s) fail.

In cases where the mortgage is registered to a Custodian, the relationship between Street Capital Bank of Canada and the Custodian will consist of a custodial agreement which allows mortgage loans to be registered in the name of the Custodian as required under the Canadian Mortgage and Housing Corporation (CMHC)'s National Housing Act (NHA) Mortgage - Backed Security (MBS) Program.

~ An order for a custodial parent to pay child support to the non-custodial parent pending the return of the child may be cancelled in circumstances where the child is not returned ~

There are three approved schemes: a custodial scheme, where tenants pay landlords and landlords pay the deposits into the scheme, run by the Deposit Protection Service, which is free to landlords and letting agents; and two insurance schemes, where tenants pay deposits to landlords which they or agents retain with either paying a premium to an insurer to guarantee the money, run respectively by Tenancy Deposit Solutions Ltd — a partnership between the National Landlords Association and Hamilton Fraser Insurance — and the Dispute Service.

Physical custody, which means where children reside, may be an equal and shared physical custody arrangement where a child's time is evenly split between two homes, or an arrangement where the child resides with the primary custodial parent and the visitation schedule allows for parenting time with the non-custodial parent.

Of some consolation, there are some reported cases where judges have suggested that a custodial parent who makes an unfounded allegation is by that very act harming the child and should therefore lose custody.

According to article 271 paragraph 1 of the Swiss Penal Code (PC), «[a] ny person who carries out activities on behalf of a foreign state on Swiss territory without lawful authority, where such activities are the responsibility of a public authority or public official, any person who carries out such activities for a foreign party or organisation, [or] any person who encourages such activities, is liable to a custodial sentence not exceeding three years or to a monetary penalty, or in serious cases to a custodial sentence of not less than one year.»

Custodial parent is a term that is typically used by the parent who has the residence where the children primarily live.

We also act as grandparents» rights attorneys in cases where couples or custodial parents will not permit contact between grandparents and grandchildren.

Oftentimes when people say the custodial parent they are talking about the parent who has the house where the children spend more time than they do with the other parent.

However, in cases where one parent has sole physical custody (also called the «primary custodial parent»), that parent has a real advantage in relocation cases.

Particularly in cases where there is a significant disparity in income between the parents, reductions in the basic amount of child support may undermine a lower - income custodial parent's ability to make adequate provision for the child or children, and will certainly exacerbate the differences in standard of living between the two parental homes.

In the case where the parents are not married, most states recognize the mother as the custodial parent.

These are cases where the spousal support recipient is also the custodial parent of several children.

Child support is meant to be a resource for the custodial parent so that the child is kept out of a situation where neglect could occur or a homeless situation might arise.

Provides that where a person is charged in respect of conduct that is an offence under the Sexual Offences Act 2003 (SOA 2003) and was an offence under one of the repealed offences listed in sub-s (2), and the only thing preventing the person being found guilty is that it can not be proven beyond reasonable doubt whether the conduct took place before or after the commencement of SOA 2003, then it shall be conclusively presumed for the purposes of determining the guilt of the defendant that the conduct took place at a time when the offence in respect of that conduct carried the lower penalty in terms of a custodial sentence which could be imposed on conviction of the defendant.

If an indication is given, the judge should make it clear that if the defendant is later assessed as «dangerous», the sentences mandated by CJA 2003 — an indeterminate or extended sentence — will be imposed and that, if the accused is assessed as dangerous, the indication can only relate to the notional determinate term which will be used in the calculation of the minimum specified period the offender would have to serve before he may apply to the Parole Board to direct his release or, in a case where an extended sentence is the only lawful option, it will relate to the appropriate custodial term within the extended sentence — that is, the indication does not encompass the length of any extension period during which the offender will be on licence following his release.Criminal Justice Act 2003 (Commencement No 16) Order 2007 (SI 2007/1999) Section 29 of CJA 2003 creates (in the case of public prosecutions only) a new method of commencing criminal proceedings — written charge and requisition, to replace laying an information and issuing a summons.

(v) If the offender is later assessed as «dangerous», the indication can only relate to the notional determinate term which will be used in the calculation of the minimum specified period the offender would have to serve before he may apply to the Parole Board to direct his release; or, in a case where an extended sentence is the only lawful option, it will relate to the appropriate custodial term within the extended sentence — that is, the indication does not encompass the length of any extension period during which the offender will be on licence following his release.

The court in this case considered three issues: i) how, under the existing legislation, the court should set a minimum term when imposing a sentence of imprisonment for public protection where it is imposed upon a prisoner who is already subject to and serving an existing custodial term; ii) How the court should approach, as a matter of principle, imposing a sentence of imprisonment upon someone who is already serving a sentence of imprisonment for public protection and whether in the circumstances of a case such as this some adjustment, if it is otherwise permissible, may be made to the term which he is destined to serve before release may be considered; and iii) how in such circumstances, if it is permissible to do either the first or second as a matter of principle, the court should approach the time spent in custody.

He called my attention to the case of Chiang (and Trustee of) v. Chiang, [2009] O.J. 41 where the Court of Appeal observed that custodial sentences for civil contempt are rare, and that ordinarily incarceration is a sanction of last resort.

It is not in the child's best interest to be exposed to a real conflict between a custodial parent and a third party (however the court should be aware of cases where parents may be arguing there is a conflict or potential conflict to beat an access application that has merit).

Where, on the other hand, a parent acquiesces (leaves their child in the custody of the other parents and does nothing to actively seek custody) for some period of time, but then seeks to recover custody later on, a court will generally favour the interim order and keep the child with the current custodial parent.

In cases where criminal sanctions of a relative lesser importance (custodial sentence of up to six months or a monetary penalty of up to 180 daily penalty units) are at stake, and the facts under investigation were either admitted by the offender or otherwise well established, the prosecutor may issue a penalty order without referring the matter to court adjudication.

Where children are residing with the spouse obligated to pay spousal support or alimony pendente lite (custodial parent) and the other spouse (non-custodial parent) has a legal obligation to support the children, the guideline amount of spousal support or alimony pendente lite shall be determined by offsetting the non-custodial parent's obligation for support of the children and the custodial parent's obligation of spousal support or alimony pendente lite, and awarding the net difference either to the non-custodial parent as spousal support / alimony pendente lite or to the custodial parent as child support as the circumstances warrant.

In cases where the parent making the application can not locate the other parent, then a court order may be sought, confirming that the custodial parent can apply for a passport without the other parent's involvement.

Gordon v. Goertz provides that the court should only consider the custodial parent's reason for moving in the exceptional cases where such consideration is relevant to that parent's ability to meet the needs of the child, but this has been challenging to apply in practice.

Speaking of, Coinbase recently opened a custodial service for its customers and BitGo acquired Kingdom Trust, another regulated custody solution where people can hold crypto assets.

We had to do too much work frankly to get to where we are, and it helped us realize that in building a lending company with actually built a custodial company almost that we've had to solve those problems.

I've been employed at the Gold Rim Hotel as a part - time janitor for more than 2 years, where I have efficiently coordinated, planned, and implemented all functions and activities of the custodial department.