Search for: "Childs F. Burden" Results 281 - 300 of 1,082
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15 Aug 2013, 3:24 pm by Joel R. Brandes
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 by Joel R. Brandes
Even assuming the truth of respondent’s factual assertions, he failed to meet his burden. [read post]
11 Feb 2010, 9:38 am by PaulKostro
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]
20 Jul 2011, 7:03 am by Joel R. Brandes
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]
8 Feb 2012, 11:23 am by Neil Cahn
Bracci, the court affirmed an order of Delaware County Family Court Judge Carl F. [read post]
21 Apr 2021, 7:43 am by Joel R. Brandes
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 by Joel R. Brandes
The burden of proving that costs are “necessary” falls upon the petitioner. [read post]
1 May 2014, 10:06 am by Joel R. Brandes
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]
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]