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8 Dec 2018, 5:55 am by Joel R. Brandes
§ 9003(e)(2) of ICARA provides as follows: (e) Burdens of proof ... (2) In ... an action for the return of a child, a respondent who opposes the return of the child has the burden of establishing--(A) by clear and convincing evidence that one of the exceptions set forth in article 13b or 20 of the Convention applies; and (B) by a preponderance of the evidence that any other exception set forth in article 12 or 13 of the Convention applies. [read post]
4 Dec 2018, 9:00 pm by Sherry F. Colb
In addition, pregnancy plainly imposes a weightier physical burden on women than on men, so the risk of pregnancy might not deter men. [read post]
3 Dec 2018, 4:00 am by Laura Valade
Parent’s Act of Domestic Violence Under ARS § 25-403.03(F), a family law judge who finds the parent committed domestic violence must first be satisfied that “parenting time will not endanger the child or significantly impair the child’s emotional development,” whether or not a protective order exists. [read post]
3 Dec 2018, 4:00 am by Laura Valade
Parent’s Act of Domestic Violence Under ARS § 25-403.03(F), a family law judge who finds the parent committed domestic violence must first be satisfied that “parenting time will not endanger the child or significantly impair the child’s emotional development,” whether or not a protective order exists. [read post]
2 Dec 2018, 7:49 am by Joel R. Brandes
            The following are links to the revised forms and instructions            Introduction to Uncontested Divorce Instructions (Rev. 9/30/18)            Judgement of Divorce (Form ud-11) (rev 9/30/18)            Uniform Uncontested Divorce Packet Forms Revised… [read post]
2 Dec 2018, 7:49 am by Joel R. Brandes
            The following are links to the revised forms and instructions            Introduction to Uncontested Divorce Instructions (Rev. 9/30/18)            Judgement of Divorce (Form ud-11) (rev 9/30/18)            Uniform Uncontested Divorce Packet Forms Revised… [read post]
30 Nov 2018, 12:25 am
States Parties may elect to exempt certain small and medium-sized undertakings from the purview of selected obligations under this article with the aim of not causing undue additional administrative burdens. [read post]
16 Nov 2018, 6:45 am by MOTP
., Furmanite Corporation, Furmanite Louisiana LLC f/k/a Furmanite US GSG LLC, Galbraith Contracting Inc., Southcross Energy Partners GP LLC, Southcross Energy Partners LP, Southcross NGL Pipeline Ltd., Estate of Dennis Henneke and Estate of Rene Elizondo, Appellees. [read post]
15 Nov 2018, 8:25 am by Joel R. Brandes
See Redmond, 724 F.3d at 747 (finding respondent, who had sole custody of the child at issue, had the “exclusive right to fix the place of [the child’s] residence”). [read post]
8 Nov 2018, 8:06 am by Jacobs Paul
Walling (1945) 324 U.S. 244,252 [“[I]f the [proposed restrictions on homeworkers] cannot be made, the floorfor the entire industry falls and the right of the homeworkers and the employers tobe free from the prohibition destroys the [read post]