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Child Custody Rathscar West VIC

Child Custody Rathscar West VIC

Accredited Family Law & Divorce Specialists In Rathscar West

We understand family law. Our Child Custody Lawyers Rathscar West have actually represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific expertise in divorce, child custody and property division.

We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are seeking to engage the services of some of the best family solicitors Rathscar West has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Rathscar West, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates 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 marital relationship 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 files the application, or a joint application where both parties submit the application together.

An application for Divorce is just 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 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 same roof or if one has actually provided the other with some family services. It might be challenging to develop that separation has actually taken place in these scenarios and appropriately the Court will require evidence in support 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 established, you or your partner needs to regard Australia as your home, plan to reside in Rathscar West forever or otherwise be able to supply evidence that you lived in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has been married for less than 2 years, the Court needs 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 consider that correct arrangements have actually been made for any child of the marriage, 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 given the Divorce ends up being efficient one month and one day after the Order has been made.

When a Divorce has taken effect, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this period may be approved in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Rathscar West

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

Prior to the commencement of any Court procedures the parties are needed to go to, participate and make an authentic attempt in resolving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an agreement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more settlements can be arranged with the assistance of solicitor, mediators and counsellors Rathscar West.

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 need confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court must concern the best interests of the child as the paramount consideration.

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 involvement in their lives, to the maximum extent constant with the best interest of the child; and

safeguarding the children from physical and psychological harm and from being subjected to, or exposed to, abuse, disregard or family violence; and

making sure that children receive sufficient and proper parenting to help them achieve their complete potential; and

making sure that moms and dads fulfil their duties, and satisfy their obligations, concerning the care, welfare and development of their kids.

There are other elements that the Court may take into consideration in any particular circumstances.

Why Choose Our Child Custody Lawyers Rathscar West VIC

We are passionate about providing a specialty Family Law service Rathscar West that welcomes you, understands you as well as shows you empathy in difficult times. Figure out why you can be assured of our commitment to your legal needs.

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