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Child Custody Raymond Island VIC

Child Custody Raymond Island VIC

Accredited Family Law & Divorce Specialists In Raymond Island

We know family law. Our Child Custody Lawyers Raymond Island have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular competence in divorce, child custody and residential or commercial property division.

We are committed to helping 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 outcome. If you are wanting to engage the services of some of the best family solicitors Raymond Island has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

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

Any application for Divorce is generally 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 offered after a 12 month period of separation. This 12 month separation period is to be a continuous duration and implies more than physical separation where there is no possibility of reconciliation.

The application can be opposed in circumstances where the Court does not have jurisdiction to handle 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 home services. It may be hard to develop that separation has actually taken place in these scenarios and appropriately the Court will require proof in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia resident 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 Raymond Island forever or otherwise have the ability to supply evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has actually been married for less than 2 years, the Court requires the parties to participate in 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 actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.

Once a Divorce has been given the Divorce becomes effective one month and one day after the Order has been made.

Once a Divorce has worked, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this period may be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Raymond Island

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

Prior to the beginning of any Court procedures the parties are required to attend, participate and make an authentic attempt in solving any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If a contract is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be arranged with the assistance of solicitor, arbitrators and counsellors Raymond Island.

If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a dispute 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 needs to relate to the best interests of the child as the critical factor to consider.

According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:

ensuring that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum degree constant with the best interest of the kid; and

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

guaranteeing that children receive appropriate and proper parenting to assist them achieve their complete potential; and

guaranteeing that parents satisfy their duties, and fulfill their obligations, concerning the care, welfare and advancement of their children.

There are other factors that the Court may consider in any particular circumstances.

Why Choose Our Child Custody Lawyers Raymond Island VIC

We are passionate about providing a specialized Family Law service Raymond Island that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be assured of our dedication to your legal demands.

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