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Child Custody Preston VIC

Child Custody Preston VIC

Accredited Family Law & Divorce Specialists In Preston

We understand family law. Our Child Custody Lawyers Preston have represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific knowledge in divorce, child custody and residential or commercial property division.

We are committed to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are looking to engage the services of a few of the best family legal representatives Preston has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Preston, 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 accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is generally filed 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 period of separation. This 12 month separation period 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 situations where the Court does not have jurisdiction to deal with 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 residing under the very same roof or if one has actually supplied the other with some family services. It might be tough to establish that separation has happened in these situations and appropriately the Court will need evidence in assistance of the application.

In addition to the requirements of a period of 12 months of separation, either you or your spouse will need 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 Preston indefinitely or otherwise be able to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has actually been wed for less than 2 years, the Court requires the parties to attend 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 need to think about that appropriate plans have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.

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

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

Parenting Orders Preston

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 start of any Court proceedings the parties are needed to participate in, take part and make a genuine attempt in solving any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be set up with the support of lawyer, conciliators and counsellors Preston.

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 verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court must regard the best interests of the child as the vital factor to consider.

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

guaranteeing that the children have the advantage of both of their parents having a significant involvement in their lives, to the maximum degree constant with the very best interest of the child; and

protecting the kids from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and

ensuring that kids receive appropriate and proper parenting to help them attain their full potential; and

making sure that parents fulfil their tasks, and fulfill their duties, concerning the care, welfare and development of their kids.

There are other factors that the Court might take into account in any particular circumstances.

Why Choose Our Child Custody Lawyers Preston VIC

We are passionate about offering a specialized Family Law service Preston that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal needs.

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