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Child Custody Quarry Hill VIC

Child Custody Quarry Hill VIC

Accredited Family Law & Separation Specialists In Quarry Hill

We understand family law. Our Child Custody Solicitors Quarry Hill have represented numerous family law clients for many years and act for mums, dads, grandmas, grandfathers, 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 specific proficiency in divorce, child custody and property division.

We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible outcome. If you are aiming to engage the services of some of the best family lawyers Quarry Hill has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Quarry Hill, 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 abandonment are irrelevant. The only ground for Divorce is that the marital relationship has 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 files the application, or a joint application where both parties submit the application together.

An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous 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 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 exact same roof or if one has supplied the other with some home services. It might be difficult to develop that separation has actually taken place in these circumstances and appropriately the Court will need evidence in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to live in Quarry Hill indefinitely or otherwise be able to supply proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances 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 have to think about that proper arrangements have been made for any child of the marriage, 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 actually been given the Divorce ends up being effective one month and one day after the Order has been made.

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

Parenting Orders Quarry Hill

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

Prior to the start of any Court procedures the parties are required to go to, participate and make a real effort in dealing with any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be organized with the support of solicitor, conciliators and counsellors Quarry Hill.

If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require 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 start of Court proceedings.

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

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

ensuring that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum level consistent with the very best interest of the kid; and

securing the kids from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and

making sure that children get sufficient and appropriate parenting to help them attain their full potential; and

making sure that parents fulfil their responsibilities, and meet their obligations, concerning the care, well-being and advancement of their kids.

There are other aspects that the Court might take into account in any specific scenarios.

Why Choose Our Child Custody Lawyers Quarry Hill VIC

We are passionate about providing a specialized Family Law service Quarry Hill that welcomes you, understands you and shows you empathy in hard times. Find out why you can be guaranteed of our dedication to your legal needs.

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