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2 Jul 2010, 9:45 am
After considering two previous High Court decisions, Arnold J held, at [50] that the power to enforce a charging order (i.e. by order for sale) was, in principle, compatible with the Convention and that (at least in cases brought under the Trusts of Land and Appointment of Trustees Act 1996) any obligation on the court was discharged by considering the factors specified in s.15, 1996 Act: (a) the intention of the parties who created the trust; (b) the purpose for which the property is held;… [read post]
2 Jul 2010, 9:45 am
After considering two previous High Court decisions, Arnold J held, at [50] that the power to enforce a charging order (i.e. by order for sale) was, in principle, compatible with the Convention and that (at least in cases brought under the Trusts of Land and Appointment of Trustees Act 1996) any obligation on the court was discharged by considering the factors specified in s.15, 1996 Act: (a) the intention of the parties who created the trust; (b) the purpose for which the property is held;… [read post]
1 Jul 2010, 6:28 am
§ 216(b). [read post]
29 Jun 2010, 5:00 pm
b. [read post]
29 Jun 2010, 8:25 am
Upon a finding of domestic violence, N.J.S.A. 2C:25-29(b)(11) authorizes a judge to enter an “order awarding temporary custody of the minor child[,]” and provides that the judge “shall presume that the best interests of the child are served by an award of custody to the non-abusive parent. [read post]
29 Jun 2010, 1:34 am
(d); Civ. [read post]
28 Jun 2010, 7:24 pm
” “[D]angerous and unusual” weapons “—M-16 rifles and the like—may be banned. [read post]
25 Jun 2010, 4:55 am
Asked to impose a prior notice obligation in an order imposing reporting restrictions in the context of child care proceedings, Munby J considered that this would be “fundamentally objectionable”, “wrong in principle”, and “a wholly unacceptable attempt at censorship” (Kent CC v B (A Child) [2004] EWHC 411 (Fam), at [145]). [read post]
24 Jun 2010, 9:06 am
Step 2 involves looking for the best interests of the child from a preponderance. [read post]
24 Jun 2010, 12:00 am
ARP Appellant Jeff D. [read post]
22 Jun 2010, 1:46 pm
For an interesting read on how the Court of Appeals views gross things in your food, read on. [read post]
17 Jun 2010, 10:34 am
The bad effects meanwhile are felt by (a) society and (b) sometimes though not always, the customer: so misaligned incentives all round. [read post]
17 Jun 2010, 12:00 am
(b), 290.12, subd. [read post]
16 Jun 2010, 10:51 am
N.J.S.A. 2A:34-79(d). [read post]
13 Jun 2010, 9:08 am
She demanded that N. be returned home early, in order to “prepare” for her party, but D., the other child, was enjoying the time with her father and wished to remain with him until the party began. [read post]
7 Jun 2010, 8:23 am
Rule 41(e)(2)(B), which sets special time limits for executing search warrants directed at electronic evidence, was added to the rule recently and revised last year. [read post]
3 Jun 2010, 6:52 am
(d) Byrd v. [read post]
27 May 2010, 7:17 am
Daytime episodes (loss of consciousness and convulsive seizures), or B. [read post]
24 May 2010, 11:29 pm
What he did say that was on point was fairly interesting, however. [read post]
24 May 2010, 8:38 pm
I thought that it might be interesting to review. [read post]
