Call Us 1300 241 740

Child Custody Osbornes Flat VIC

Child Custody Osbornes Flat VIC

Accredited Family Law & Divorce Specialists In Osbornes Flat

We understand family law. Our Child Custody Lawyers Osbornes Flat have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific proficiency in divorce, child custody and home division.

We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible outcome. If you are looking to engage the services of a few of the very best family solicitors Osbornes Flat has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Osbornes Flat, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file the application together.

An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and implies more than physical separation where there is no probability of reconciliation.

The application can be opposed in situations where the Court does not have jurisdiction to deal with the matter or otherwise where the parties to the proceedings have not been separated for more than 12 months.

An application can still be made while the parties are living under the same roof or if one has provided the other with some home services. It might be hard to develop that separation has actually taken place in these scenarios and appropriately the Court will need proof in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to reside in Osbornes Flat forever or otherwise be able to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has been married for less than 2 years, the Court requires the parties to go to a counselling session with a view to reconciliation. There are exceptions to this requirement if there is a history of violence or abuse or where one party can not be located.

At a Divorce hearing, the Court will have to consider that proper plans have actually been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, and under the age of 18.

When a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has been made.

Once a Divorce has taken effect, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be given in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Osbornes Flat

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.

Prior to the commencement of any Court procedures the parties are needed to attend, participate and make a real effort in solving any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be organized with the assistance of solicitor, arbitrators and counsellors Osbornes Flat.

If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.

In parenting matters, a Court must relate to the very best interests of the kid as the paramount consideration.

According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:

making sure that the children have the benefit of both of their parents having a significant involvement in their lives, to the maximum degree consistent with the best interest of the kid; and

securing the children from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and

making sure that kids get sufficient and proper parenting to assist them achieve their complete potential; and

guaranteeing that parents satisfy their duties, and meet their responsibilities, concerning the care, welfare and advancement of their kids.

There are other elements that the Court may take into consideration in any particular situations.

Why Choose Our Child Custody Lawyers Osbornes Flat VIC

We are passionate about offering a specialty Family Law service Osbornes Flat that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal needs.

Business Results 1 - 5 of 0

 
 

About: admin2018


Call Now