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Child Custody Red Hill VIC

Child Custody Red Hill VIC

Accredited Family Law & Separation Specialists In Red Hill

We understand family law. Our Child Custody Solicitors Red Hill have actually represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific know-how in divorce, child custody and property division.

We are dedicated 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 very best possible outcome. If you are seeking to engage the services of some of the very best family legal representatives Red Hill has to offer, then look no more. 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 marital relationship.

In Red Hill, the Family Law Act 1975 established 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 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 normally filed 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 means more than physical separation where there is no possibility of reconciliation.

The application can be opposed in situations 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 residing under the same roof or if one has actually offered the other with some household services. It may be tough to establish that separation has taken place in these situations and accordingly the Court will need evidence in support of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner 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, mean to reside in Red Hill forever or otherwise be able to provide proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has 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 think about that correct plans have actually been produced any child of the marriage, 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 ends up being effective one month and one day after the Order has been made.

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

Parenting Orders Red Hill

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

Prior to the beginning of any Court proceedings the parties are needed to attend, participate and make a real attempt in solving any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an arrangement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be arranged with the assistance of solicitor, mediators and counsellors Red Hill.

If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.

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

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

making sure that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum degree consistent with the best interest of the kid; and

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

guaranteeing that children receive sufficient and proper parenting to assist them accomplish their complete potential; and

guaranteeing that parents fulfil their tasks, and satisfy their duties, concerning the care, well-being and development of their children.

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

Why Choose Our Child Custody Lawyers Red Hill VIC

We are passionate about giving a specialized Family Law service Red Hill that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be assured of our commitment to your legal requirements.

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