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Child Custody Rich Avon West VIC

Child Custody Rich Avon West VIC

Accredited Family Law & Separation Specialists In Rich Avon West

We know family law. Our Child Custody Solicitors Rich Avon West have represented hundreds of family law customers for many years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular know-how in divorce, child custody and property division.

We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the best possible result. If you are looking to engage the services of a few of the best family legal representatives Rich Avon West has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Rich Avon West, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is usually filed 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 only offered after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and suggests more than physical separation where there is no probability of reconciliation.

The application can be opposed in circumstances 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 very same roof or if one has actually provided the other with some household services. It may be hard to develop that separation has happened in these scenarios and accordingly the Court will require proof in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to reside in Rich Avon West forever or otherwise be able to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has actually been married 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 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 home, and under the age of 18.

When a Divorce has been granted the Divorce becomes effective one month and one day after the Order has been made.

When a Divorce has actually worked, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Rich Avon West

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 commencement of any Court procedures the parties are required to attend, participate and make a genuine attempt in dealing with any parenting concerns 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 contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be arranged with the support of solicitor, mediators and counsellors Rich Avon West.

If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.

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

According to area 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 involvement in their lives, to the optimum extent consistent with the very best interest of the kid; and

protecting the children from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and

guaranteeing that kids receive sufficient and correct parenting to help them accomplish their complete potential; and

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

There are other elements that the Court might take into account in any particular circumstances.

Why Choose Our Child Custody Lawyers Rich Avon West VIC

We are passionate regarding giving a specialized Family Law service Rich Avon West that welcomes you, understands you and also shows you empathy in challenging times. Learn why you can be guaranteed of our dedication to your legal demands.

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MCL Legal



Karen Lee Probst



John R Weir & Associates



 

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