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Child Custody Ripplebrook VIC

Child Custody Ripplebrook VIC

Accredited Family Law & Separation Specialists In Ripplebrook

We know family law. Our Child Custody Lawyers Ripplebrook have represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, 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 particular knowledge in divorce, child custody and residential or commercial property division.

We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are looking to engage the services of some of the best family legal representatives Ripplebrook has to offer, then look no more. When engaging one of our experts, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Ripplebrook, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually 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 file the application together.

An application for Divorce is only offered after a 12 month period of separation. This 12 month separation period is to be a constant duration and suggests more than physical separation where there is no likelihood 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 residing under the same roof or if one has supplied the other with some family services. It might be challenging to establish that separation has happened in these circumstances and accordingly the Court will need proof in support of the application.

In addition to the requirements of a period 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 spouse needs to regard Australia as your home, plan to live in Ripplebrook indefinitely or otherwise be able to supply proof that you lived in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has been married for less than 2 years, the Court requires 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 have to consider 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.

As soon as a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has actually been made.

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

Parenting Orders Ripplebrook

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

Prior to the beginning of any Court procedures the parties are needed to participate in, take part and make a genuine attempt in dealing with any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be organized with the assistance of lawyer, arbitrators and counsellors Ripplebrook.

If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.

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

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

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

safeguarding the kids from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and

guaranteeing that children receive adequate and correct parenting to assist them attain their full potential; and

making sure that moms and dads satisfy their tasks, and fulfill their duties, concerning the care, well-being and development of their kids.

There are other factors that the Court might take into account in any particular scenarios.

Why Choose Our Child Custody Lawyers Ripplebrook VIC

We are passionate about offering a specialized Family Law service Ripplebrook that welcomes you, understands you and also shows you empathy in hard times. Learn why you can be assured of our commitment to your legal needs.

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