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Child Custody Puckapunyal VIC

Child Custody Puckapunyal VIC

Accredited Family Law & Divorce Specialists In Puckapunyal

We understand family law. Our Child Custody Lawyers Puckapunyal 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 skilled family law and divorce lawyers can represent you in all elements of family law, having particular competence in divorce, child custody and home 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 skillfully throughout the Court process so that you get the best possible outcome. If you are seeking to engage the services of a few of the very best family solicitors Puckapunyal has to offer, then look no further. 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 marriage.

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

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

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

The application can be opposed in scenarios 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 living under the same roof or if one has actually provided the other with some household services. It might be hard to establish that separation has taken place in these circumstances 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 resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to live in Puckapunyal forever or otherwise have the ability to provide evidence 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 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 need to consider that appropriate plans have been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.

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

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

Parenting Orders Puckapunyal

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

Prior to the start of any Court proceedings the parties are required to participate in, participate and make a real effort in resolving any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an agreement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be set up with the assistance of solicitor, conciliators and counsellors Puckapunyal.

If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court should relate to the very best interests of the child as the vital factor to consider.

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

guaranteeing that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the maximum extent consistent with the very best interest of the child; and

securing the kids from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and

ensuring that kids receive sufficient and appropriate parenting to assist them achieve their full potential; and

making sure that parents fulfil their tasks, and fulfill their responsibilities, concerning the care, well-being and development of their children.

There are other elements that the Court may take into account in any specific circumstances.

Why Choose Our Child Custody Lawyers Puckapunyal VIC

We are passionate about providing a specialized Family Law service Puckapunyal that welcomes you, understands you as well as shows you empathy in tough times. Find out why you can be guaranteed of our commitment to your legal needs.

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