Compulsory Enforcement of Visiting Rights Sample Clauses

Compulsory Enforcement of Visiting Rights. If a child capable of judgment categorically refuses contact, visiting rights must be excluded in the best interests of the child, “because contact forced against strong resistance is generally just as incompatible with the purpose of the right of contact as it is with a child’s personal rights” (BGE 126 III 219, 124 III 90, BGer 5A_745/2015, 5A_755/2015, 5A_459/2015, 5C.250 /2005, 5A_107/2007, 5A_367/2015). Even in the case of children who are incapable of judgement, contact forced against strong resistance is to be avoided with respect to the welfare of the child. If the child seriously refuses, it is not possible to enforce the established visiting right by force, especially since physical or psychological coercion may not be used as reasons for protecting the legal personality. The reasons for the refusal of the visits must be investigated. If the refusal is based on the child’s own experience (e.g. violence), this must be accepted (BGE 126 III 219, BGer 5C.250/2005). According to the case law of the Federal Supreme Court, if a child refuses, no customary visiting right is to be ordered, but in view of the fateful parent-child relationship, the child could nevertheless be expected to be granted a minimal visiting right. If the child consistently refuses, it is not possible to enforce the established visiting rights by force; other measures, such as the temporary suspension of visiting rights or other child protection measures, must be examined.
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Related to Compulsory Enforcement of Visiting Rights

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

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  • Dimensions Education Bachelor’s Degree in Computer Science, Information Systems, or other related field. Or equivalent work experience. Experience: A minimum of 4 years of IT work experience in data modeling, data analysis, relational DBMS design and support and relevant computing environments.

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  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:

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