Search for: "Childs F. Burden"
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25 Nov 2011, 8:25 am
§ 2259(b)(3)(A)-(F). [read post]
15 Aug 2013, 3:24 pm
Mere retention in another country and "private reservations" or intentions that are made "manifest and definitive" only after the child has left its country of origin are generally insufficient to establish intent to change a child's habitual residence. 690 F.3d at 310-311 The Court found that Headifen failed to meet his burden as to habitual residence. [read post]
15 Aug 2020, 4:29 am
Even assuming the truth of respondent’s factual assertions, he failed to meet his burden. [read post]
4 May 2015, 6:04 am
Hill, 750 F.3d 982 (U.S. [read post]
31 Aug 2010, 4:26 am
It was alleged that the child was beaten to death by her mother. [read post]
27 Feb 2014, 7:50 am
Walker, 701 F.3d at 1122. [read post]
10 Jan 2014, 7:07 am
140 F.3d at 937. [read post]
11 Feb 2010, 9:38 am
The primary consideration is the happiness and welfare of the child, which means the “’safety, happiness, physical, mental and moral welfare of the child. [read post]
26 Oct 2007, 1:53 pm
Library Ass'n, 33 F.3d at 86. [read post]
20 Jul 2011, 7:03 am
In Matter of Scarduzio v Ryan, --- N.Y.S.2d ----, 2011 WL 2714203 (N.Y.A.D. 2 Dept.) the Appellate Division observed that the party seeking modification of a support order has the burden of establishing the existence of a substantial change in circumstances warranting the modification. [read post]
29 Dec 2011, 5:30 am
The party seeking such a stay has a difficult burden. [read post]
8 Feb 2012, 11:23 am
Bracci, the court affirmed an order of Delaware County Family Court Judge Carl F. [read post]
9 Dec 2014, 9:04 am
Dobrev, 735 F.3d 921, 931 (10th Cir. [read post]
11 Aug 2021, 10:13 am
Smith, 618 F. [read post]
11 Aug 2021, 10:13 am
Smith, 618 F. [read post]
21 Apr 2021, 7:43 am
In an order dated August 4, 2018, made after a hearing, the Supreme Court, inter alia, denied plaintiff’s motion which was to set aside the parties’ prenuptial agreement, finding that she failed to sustain her burden of proof that the agreement was the product of duress, fraud, overreaching, or unconscionability. [read post]
23 May 2016, 12:16 pm
The burden of proving that costs are “necessary” falls upon the petitioner. [read post]
1 May 2014, 10:06 am
Mozes, 239 F.3d 1067 (9th Cir.2001), the Ninth Circuit emphasized the importance of shared parental intent in determining a child's habitual residence. [read post]
23 Apr 2016, 8:41 am
Under section 1012(f) of the Family Court Act, a maltreated or neglected child is an individual under the age of eighteen who has had their physical, emotional, or mental condition impaired as a result of his or her parents, or caretaker’s action or inaction. [read post]
10 Aug 2013, 6:07 am
In Acosta v Acosta--- F.3d ----, 2013 WL 3970239 (C.A.8 (Minn.)) [read post]