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Child Custody Rippleside VIC

Child Custody Rippleside VIC

Accredited Family Law & Separation Specialists In Rippleside

We understand family law. Our Child Custody Solicitors Rippleside have represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular expertise in divorce, child custody and home division.

We are committed 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 acquire the very best possible outcome. If you are aiming to engage the services of a few of the very best family lawyers Rippleside has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Rippleside, 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 adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is normally 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 file the application together.

An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and indicates more than physical separation where there is no probability of reconciliation.

The application can be opposed in scenarios where the Court does not have jurisdiction to handle 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 living under the exact same roof or if one has provided the other with some home services. It may be tough to establish that separation has actually taken place in these scenarios and appropriately 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 spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Rippleside indefinitely or otherwise have the ability to supply proof 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 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 appropriate arrangements have actually been produced 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.

When a Divorce has been given the Divorce becomes reliable one month and one day after the Order has been made.

When a Divorce has taken effect, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Rippleside

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 commencement of any Court procedures the parties are needed to go to, take part and make a genuine effort in solving any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be organized with the help of solicitor, conciliators and counsellors Rippleside.

If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.

In parenting matters, a Court must regard the best interests of the kid as the critical consideration.

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

guaranteeing that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the maximum extent constant with the best interest of the kid; and

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

guaranteeing that kids get adequate and appropriate parenting to assist them attain their complete potential; and

making sure that parents satisfy their duties, and satisfy their obligations, concerning the care, well-being and development of their kids.

There are other factors that the Court might consider in any specific situations.

Why Choose Our Child Custody Lawyers Rippleside VIC

We are passionate about providing a specialty Family Law service Rippleside that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be assured of our dedication to your legal needs.

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Birdsey Dedman & Bartlett
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166a Ryrie St, Geelong Victoria 3220, Australia

 

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