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Child Custody Point Cook VIC

Child Custody Point Cook VIC

Accredited Family Law & Separation Specialists In Point Cook

We know family law. Our Child Custody Lawyers Point Cook have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, married 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 expertise in divorce, child custody and residential or commercial property division.

We are committed to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible outcome. If you are wanting to engage the services of some of the best family lawyers Point Cook has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Point Cook, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is typically submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties submit the application together.

An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no possibility of reconciliation.

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

An application can still be made while the parties are living under the exact same roof or if one has provided the other with some family services. It might be hard to develop that separation has happened in these situations and appropriately the Court will need proof in assistance 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, mean to live in Point Cook indefinitely or otherwise have the ability to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has been wed 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 think about that appropriate arrangements have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that household, and under the age of 18.

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

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

Parenting Orders Point Cook

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

Prior to the commencement of any Court proceedings the parties are needed to participate in, get involved and make a real attempt in fixing any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an agreement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be set up with the assistance of solicitor, mediators and counsellors Point Cook.

If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.

In parenting matters, a Court must relate to the very best interests of the kid as the critical factor to consider.

Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:

guaranteeing that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum level consistent with the best interest of the kid; and

safeguarding the children from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and

making sure that children receive appropriate and correct parenting to assist them achieve their complete potential; and

guaranteeing that moms and dads fulfil their tasks, and meet their responsibilities, concerning the care, well-being and development of their children.

There are other factors that the Court may take into consideration in any specific circumstances.

Why Choose Our Child Custody Lawyers Point Cook VIC

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

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