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Child Custody Prairie VIC

Child Custody Prairie VIC

Accredited Family Law & Divorce Specialists In Prairie

We know family law. Our Child Custody Lawyers Prairie have represented numerous family law clients over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular know-how in divorce, child custody and residential or commercial property division.

We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you obtain the best possible result. If you are seeking to engage the services of some of the very best family legal representatives Prairie has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Prairie, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is usually 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 just available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and implies more than physical separation where there is no probability of reconciliation.

The application can be opposed in circumstances 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 exact same roof or if one has provided the other with some family services. It might be challenging to establish that separation has occurred in these scenarios and accordingly the Court will need evidence in support of the application.

In addition to the requirements of a period 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 established, you or your partner needs to regard Australia as your home, plan to reside in Prairie forever or otherwise have the ability to supply proof that you lived in Australian for at least 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 think about that appropriate plans have actually been produced any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.

Once a Divorce has actually been approved the Divorce ends up being efficient one month and one day after the Order has been made.

As soon as a Divorce has worked, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration may be given in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Prairie

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

Prior to the commencement of any Court proceedings the parties are needed to go to, participate and make a real effort in resolving any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If a contract is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be set up with the support of lawyer, arbitrators and counsellors Prairie.

If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.

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

Inning accordance with area 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 involvement in their lives, to the maximum degree consistent with the very best interest of the child; and

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

ensuring that children receive adequate and proper parenting to help them achieve their complete potential; and

ensuring that parents fulfil their responsibilities, and fulfill their obligations, concerning the care, well-being and advancement of their children.

There are other elements that the Court may consider in any specific situations.

Why Choose Our Child Custody Lawyers Prairie VIC

We are passionate regarding providing a specialized Family Law service Prairie that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be assured of our commitment to your legal requirements.

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