This a presentation on the child custody legal framework in Liberia. It includes both elements of the Statute (Domestic Relations Law) and Supreme Court Opinions.
This slide show would help assist those who are interested to learn the basics of Shia Law of Inheritance. It is a difficult area of law, but comprehension of some basic principles can facilitate a lot to make it relatively easy to understand and apply in practical life.
Pleadings in Civil Procedure Code.pptxRudra Pratap
A short and concise ppt on pleadings as described in the Code relating to the provisions to pleadings, its objectives, amendments and why amendments are allowed after filing a plaint.
The present slides relate to the concept of Succession in the bothe Christian and Parsi law as given under the Indian Succession Act, 1925. Useful for Law students and Professionals.
It is important in private international law. Domicile of origin and its revival principal gives chance to a person have his domicle , when all of his choices has been abandoned/ lost.
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia AdvocateVijay Dalmia
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate - Terms, Conditions, Rights of Accused. Duty of Police and Courts
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
This slide show would help assist those who are interested to learn the basics of Shia Law of Inheritance. It is a difficult area of law, but comprehension of some basic principles can facilitate a lot to make it relatively easy to understand and apply in practical life.
Pleadings in Civil Procedure Code.pptxRudra Pratap
A short and concise ppt on pleadings as described in the Code relating to the provisions to pleadings, its objectives, amendments and why amendments are allowed after filing a plaint.
The present slides relate to the concept of Succession in the bothe Christian and Parsi law as given under the Indian Succession Act, 1925. Useful for Law students and Professionals.
It is important in private international law. Domicile of origin and its revival principal gives chance to a person have his domicle , when all of his choices has been abandoned/ lost.
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia AdvocateVijay Dalmia
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate - Terms, Conditions, Rights of Accused. Duty of Police and Courts
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
New Jersey Child Custody 101 introduces you to the custody laws in NJ. Learn:
- what does the 'best interests of the child' standard mean?
- what is the difference between legal custody vs. physical custody? And what different custody types are available in New Jersey?
- What are the court procedures in child custody cases
- how to modify child custody orders
- how to enforce child custody orders
- and more!
In clear, simple language, this is the essential legal guide for any New Jersey parent wanting to understand the basics of child custody in the garden state.
This presentation was created by Weinberger Law Group, the largest family law and divorce attorneys in New Jersey.
The governing of all marriages of the Hindu religion in India is done under the Hindu Marriage Act 1955. Every aspect of a marriage including Husband, Wife, Marriage, Commitment, Sex and child rearing are covered under this act.
Transference is often manifested as an erotic attraction towards a therapist, but can be seen in many other forms such as rage, hatred, mistrust, parentification, extreme dependence, or even placing the therapist in a god-like or guru status.
This file accompanies a Youtube clip which covers the manner in which 1: biofeedback, 2: relaxation & meditation, 3: exercise & 4: social support can help manage stress. See facebook page 'epsychvce.com' or twitter account 'psyccounting' for link.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
This is a study on the topic of the new trend in child custody after divorce and the strength and weaknesses of shared parenting order. I choose to compare the position in Malaysia, Australia, Singapore and United States of America.
Defining the Child – Parent RelationshipEstablishing PatLinaCovington707
Defining the Child – Parent Relationship
Establishing Paternity and Maternity
The Importance of Marriage – Historical Background on Children Born to Unmarried Parents
Historically, children born to unmarried parents were labeled “bastards” or “illegitimate,” and had fewer rights and opportunities than children born to married people.
Illegitimate children are, “persons who are begotten and born out of wedlock”.
Civil and Canon law legitimized the child by the subsequent marriage of the parents.
Protecting children from ‘illegitimacy,” remains a strong justification for the legal presumption that any child born to a married couple is the child of the husband and a legitimate product of the marriage.
Defining the Child – Parent Relationship, cont.
Surnames
Traditionally, children born to married couples are given the father’s surname.
At common law, a child born to unmarried parents was considered the child of no one and had no surname at birth.
The law began to give nonmarital children a right to inherit from their mothers and gave their mothers custody, these children began to receive their mothers surnames, which gradually moved from custom to law (text p. 129)
Gubernat v. Deremer – the court held that the surname selected by the custodial parent, that is the parent that makes the decisions in the best interest of the child’s life, is able to give the child their surname. Note: This rule applies for children under the age of 6 years
Defining the Child – Parent Relationship, cont.
Huffman v. Fisher – the court held that for children between the ages of 6-14, the court should make a determination concerning the child’s ability to state a preference which would keep in line with the best interest of the child
Factors to consider
The length of time that the child has used his or her current name
The name by which the child has customarily been called
Whether a name change will cause insecurity or identity confusion
The motivation of the parents in changing the child’s name
Any embarrassment, discomfort, or inconvenience that may result if the child’s surname differs from that of a custodial parent
Defining the Child – Parent Relationship, cont.
Unmarried Parents: The Contemporary Context
Constitutional and Statutory Reform
Levy v. Louisiana – The Supreme Court held for the first time that children born to unmarried parents are “persons” within the Fourteenth Amendment’s Equal Protection Clause.
The Uniform Parentage Act (UPA) Section 202 states, “a child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.”
Establishing Paternity
The PRWORA [Personal Responsibility and Work Opportunity Reconciliation Act of 1966] resulted in three developments for the establishment of paternity
A change in social perspective
During the 1980’s, there was a growing focus on poverty and other societal problems often associated with single parenth ...
The mutual rights and obligations of parents and children in Estonia. Estonian Family Law Act. Parent's right of custody. Representation of child. Equirement for surrender of child and determining access to child. Separation of child from family. Termination of joint right of custody. Right of access. Estonia’s Supreme Court’s position.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
2. At the end of this presentation, it is expected
that participants would have developed a
thorough understanding of the provisions of
the Law relating to the custody of children
including but not limited to:
- custody of children when parents living
together
- custody of children when parents living apart
- custody of children born out of wedlock
3. - Legitimization of children born out of
wedlock
- Legitimacy under customary Law
- Support of illegitimate children
- Inheritance of illegitimate children
- What court has jurisdiction over
custody and legitimacy of children
4. There is generally no problem about the
custody of children when the husband and
the wife are living together.
A married woman is joint natural guardian
with her husband of the minor children of
their marriage while they are living together
and maintain one household.
Each such parent shall be equally charged
with their care, nurture, welfare and
education.
5. When the husband and the wife lives in a state of
separation, the father shall be the custodian of the
minor children of the marriage as against the claim of
any person whomsoever;
But if he is unable or morally unfit to perform his
parental, legal, moral and natural duties toward his
children or for any other reasons he fails or neglects
to perform such duties, upon petition to a circuit
court for a writ of habeas corpus or other appropriate
relief and a showing in the proceedings thereon of
such inability, moral unfitness or failure on the part
of the father, the minor children of the marriage shall
be entrusted to the mother or some other person
who is capable of performing such duties.
6. If the father is dead or absent, the mother shall have
custody of the minor children of their marriage unless it is
established that she is unable or unfit or failing to perform
her duties toward them.
When a minor child of a marriage in which either or both
of the parents is or are deceased, is residing in this
Republic, a grandparent(s) of such child, who is or are the
parents of such deceased parent or parents, may apply to
the circuit court for a writ of habeas corpus to have such
child brought before the court; and on the return thereof,
the court, by order, after due notice to the surviving
parent, if any, or any other person or party having the
care, custody and control of such child, to be given in such
manner as the court shall prescribe, may make such
directions as the best interest of the child may require, for
visitation right(s) for such grandparent or grandparents in
respect to such child.
7. According to the Domestic Relations Law and various case law
authorities, a child born out of wedlock is exclusively
presumed to be illegitimate unless such a presumption is
rebutted by evidence of legitimization (acknowledgement or
adoption) by its supposed father.
A child born unto a couple not joined by matrimony rites
either under the Liberian customary Law, the Religious law or
the civil law is considered illegitimate (Dixon vs. Ricks
Fleming 32 LLR, P.134 (1984)
An illegitimate child belongs exclusively to the mother until
legitimized by the purported father
8. In our Country, marriages are brought about
either by the performance of Religious rites, civil
ceremonies or the payment of dowry under the
customary law. All these modes of matrimony are
recognized as valid and unless either is
performed between man and woman before a
child is born to them, such child is illegitimate
under the law at birth and, therefore, belongs
exclusively to the mother until he/she is
legitimized, acknowledged or adopted by the
purported father. (Ibid). Also see Maney and
Kaymah vs. Money 2 LLR P.618 (1927)
9. If the child’s natural father dies without
legitimizing him or her, the surviving mother has
the sole right to custody unless it can be proved
to the satisfaction of the court that she is morally
as well as economically unfit to care for the child.
The welfare of the child in most cases controls
the determination of the court as to who should
take custody of the child. It is even possible that
a court might decide to award custody and/or
guardianship to a perfect stranger, or to some
relative who can sufficiently provide for the
needs of the child.(See DRL Section 4.1)
10. The environment need not be luxurious, but one that
would afford the child a healthy and moral
upbringing, satisfactory for learning and enterprise.
All these provisions need not necessarily be
luxurious, but basic enough to produce a useful child
to society.
The test for the child’s benefit is not only the
financial and legal consideration but also the
comparative moral educational and social conditions
of the party to be awarded the child’s custody
In fact the child’s welfare is the supreme
consideration irrespective of the rights and wrongs of
its contending parents although the natural rights of
the parents are entitled to due consideration. Daniels
vs. Daniels 15 LLR (1964)
11. There are two ways by which a child born out of
wedlock can be legitimized :
1. When the parents subsequently intermarry
In any case where the natural parents of a child
born out of wedlock shall lawfully intermarry,
such child shall thereby become legitimated and
shall become for all purposes the legitimate
child of both parents and entitled to all the
rights and privileges of legitimacy as if born
during the wedlock of the parents.
12. 2. Limited legitimization upon application of
natural father
Upon an application made to the probate court
by the natural father of a child born out of
wedlock, such child may be legitimated with
respect to such applicant and shall become for
all purposes the legitimate child of such
applicant and entitled to all the rights of
legitimacy as if born during the lawful wedlock
of the applicant
13. Upon receipt of such an application, the court
shall issue a citation to the natural mother of
the child who shall be served therewith
together with a copy of the petition.
She may serve and file an objection to the
proposed legitimization, limited to the sole
ground that the applicant is not the natural
father of the child.
14. After the hearing, if an objection has been filed
and overruled, or if no objection has been filed,
upon the return day of the citation, the court
shall order the clerk of court to record the
application, its date, the name of the applicant
and the name and date of birth of the child,
which record shall be admissible as full and
sufficient evidence of the legitimacy of the child
with respect to the applicant.
The clerk shall also prepare, sign and issue to the
applicant a certified copy of such record.
15. Under Section 5.3 of the Domestic Relations Law,
a father is liable for the support of his child or
children under 21 years of age.
But if any such child has been born out of
wedlock and if the natural parents have not
inter-married thereafter, the liability of the
natural father shall not be enforceable unless he
has adopted him, or has acknowledged or shall
acknowledge before a justice of the peace or
notary public and filed with the Registrar of
Deeds or he has been legitimated.
16. Or the father has been adjudicated to
be the father of such child by a court
of appropriate jurisdiction including
the court making the determination
for support
17. It is generally admitted under the Law that children
begotten out of lawful marriage cannot inherit from their
purported father if the latter did not either acknowledge,
adopt or legitimize them before his demise.
There are however few exceptions to this general rule.
The Supreme Court has held that if the siblings who are
otherwise considered “legitimate” have recognized and
dealt with other siblings who are otherwise considered
“illegitimate” to be co-heirs of their deceased parents,
then the “legitimate” heirs are barred from subsequently
refusing to share with, deal with or recognize those
“illegitimate siblings as heir of the deceased. See KING
AND HOUSTON vs. COOPER-HARRIS 40 LLR P.70 (2000);
KNOWLDEN vs. JOHNSON et al., 39 LLR P.345 (1998).
18. What Court has jurisdiction over a child
legitimization proceedings?
In the case KOLLIE vs. HILTON 22 LLR
p.503(1971), the Supreme Court has held that
the Probate Court has exclusive original
jurisdiction over legitimization proceedings. See
also Judiciary Law section 5.2(k) and Domestic
Relations Law section 4.92.
Where there is no probate court, the probate
division of the circuit court has jurisdiction over
legitimization proceedings.
19. What Court has jurisdiction over Custody of children
proceedings?
The circuit court has jurisdiction in proceeding relating to
children custody. The request for the custody of a child is
also done through a writ of habeas corpus.
The writ of habeas corpus for the production of an adult
prisoner is distinguishable from that for the award of
custody of minor child; the primary consideration of the
former being the relief from the physical restraint of
liberty imposed without due process of law while that of
the latter is the granting of better available conditions of
custody in the best interest of the child and not relief from
custody per se since a child must be in the custody of
some competent person.
20. It is my sincere hope that
participants knowledge and
understanding of issues relating
to children custody under the
Liberian Law have been enhanced
through this presentation.