Physical Custody - Law Dictionary Search Results
Home Dictionary Name: physical custodyjoint physical custody
joint physical custody The sharing, by both parents, of the actual physical care and custody of a child. ...
physical custody
physical custody see custody ...
custody
custody [Latin custodia, from custod- custos guardian] : care or control exercised by a person or authority over something or someone: as a : supervision and control over property that usually includes liability for damage that may occur b : care and maintenance of a child that includes the right to direct the child's activities and make decisions regarding the child's upbringing compare visitation joint custody : custody of a child shared by divorced or separated parents who alternate physical custody of and share in decisions regarding the child called also shared custody phys·i·cal custody : custody that includes sharing a residence with a child shared custody : joint custody in this entry sole custody : custody of a child awarded to only one person and usually to a parent tem·po·rary custody : custody awarded until a final judgment in a matter (as a divorce) is made c : official restraint on freedom (as by arrest or imprisonment or by release on bai...
Custody
Custody, The word is of elastic semantics but its core meaning is that the law has taken control of the person, Nianjan Singh v. Prabhakar Rajaram Kharote, (1980) 2 SCC 559: AIR 1980 SC 785 (787): (1980) 3 SCR 15. [Criminal Procedure Code (1974) s. 439]Means physical custody, Warner v. Metropolitan Police Commr., (1969) 2 AC 256: (1968) 2 All ER 356, HL Halsbury's Laws of England, Vol. 3(1), para 59, p. 55.Custody, he who under the control of the Court or is in the physical hold of an officer with coercive power, is in custody for the purpose of s. 439, Nirmaljeet Kaur v. State of Madhya Pradesh, (2004) 7 SCC 558.The word is of elastic semantics but its core meaning is that the law has taken control of the person. The expression 'custody' as used in s. 439 must be taken to be a compendious expression referring to the events on the happening of which the Magistrate can entertain a bail petition of an accused, Sunita Devi v. State of Bihar, (2005) 1 SCC 608 (613, 614). (Criminal Procedur...
non-custodial parent
non-custodial parent The parent who does not have physical custody of the child(ren). ...
arrest
arrest [Middle French arest, from arester to stop, seize, arrest, ultimately from Latin ad to, at + restare to stay] : the restraining and seizure of a person whether or not by physical force by someone acting under authority (as a police officer) in connection with a crime in such a manner that it is reasonable under the circumstances for the person to believe that he or she is not free to leave see also miranda warnings probable cause at cause, warrant compare stop cit·i·zen's arrest : an arrest made not by a law officer but by any citizen who derives the authority to arrest from the fact of being a citizen NOTE: Under common law, a citizen may make an arrest for any felony actually committed, or for a breach of the peace committed in his or her presence. civil arrest : the arrest and detention of a defendant in a civil suit until he or she posts bail or pays the judgment see also capias ad respondendum NOTE: Civil arrest is restricted or prohibited in most states. ...
possession
possession 1 : the act, fact, or condition of having control of something: as a : actual possession in this entry b : constructive possession in this entry c : knowing dominion and control over a controlled substance or other contraband d in the civil law of Louisiana : the detention or enjoyment of a corporeal thing e : control or occupancy of property actual possession 1 : direct occupancy, use, or control of real property [had actual possession of the land despite a lack of legal title] 2 : direct physical custody, care, or control of property or contraband (as illegal drugs) [actual possession is not necessary to sustain a conviction "State v. Garrison, 896 S.W.2d 689 (1995)"] adverse possession : actual possession of another's real property that is open, hostile, exclusive, continuous, adverse to the claim of the owner, often under a claim of right or color of title, and that may give rise to title in the possessor if carried out for a specified statutory period (as ...
Arrest
Arrest [fr. restae, Lat.; arrestare, It.; arrester, Fr., to bring one to stand], the restraining of the liberty of a man's person in order to compel obedience to the order of a Court of Justice, or to prevent the commission of a crime, or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. Arrests are either in civil or (see APPREHENSION) criminal cases; civil arrests must be affected, in order to be legal, by virtue of a precept or writ issue out of some Court. The law of civil arrest (see MESNE PROCESS), so far as it still exists, is regulated by the Debtors Act, 1869 (see that title),which abolished imprisonment for debt except in special cases, as where a debtor has the means to pay his debt but refuses to do so, and s. 218 of the Companies Act, 1929, as to the power to arrest an absconding contributory in case of winding up by the Court. see also CONTEMPT OF COURT. The two great statues for securing the liberty of the subject against unlawful a...
Seize
Seize, the word means taking in physical custody, Textile Traders Syndicate Ltd., Bulandshahr v. State of U.P., AIR 1960 All 405 (407). (Criminal PC, 1898, s. 550)To forcibly take possession (of a person or property), Black's Law Dictionary, 7th Edn., p. 1363....
custodial
custodial 1 : occurring during or in connection with custody [a interrogation] 2 : having sole custody or custody a greater portion of the time [a parent] ...
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