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Child Custody Rocky Point VIC

Child Custody Rocky Point VIC

Accredited Family Law & Divorce Specialists In Rocky Point

We understand family law. Our Child Custody Lawyers Rocky Point have actually represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific know-how in divorce, child custody and home division.

We are committed to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible outcome. If you are looking to engage the services of a few of the very best family lawyers Rocky Point has to offer, then look no further. 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 Rocky Point, the Family Law Act 1975 established 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 infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage 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 file the application together.

An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation period is to be a continuous period and indicates 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 actually not been separated for more than 12 months.

An application can still be made while the parties are living under the same roof or if one has actually offered the other with some household services. It may be hard to develop that separation has actually occurred 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 spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to reside in Rocky Point forever or otherwise be able to supply proof that you resided in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has been wed for less than 2 years, the Court needs 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 appropriate plans have been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.

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

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

Parenting Orders Rocky Point

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

Prior to the start of any Court proceedings the parties are required to participate in, get involved and make an authentic effort in resolving any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If a contract is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more settlements can be organized with the support of lawyer, conciliators and counsellors Rocky Point.

If no agreement can be reached beyond 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 tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court needs to regard the best interests of the kid as the paramount factor to consider.

According to area 60B of the Family Law Act 1975, the very best interests of the children are met 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 optimum extent constant with the very best interest of the child; and

protecting the children from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and

ensuring that kids get appropriate and correct parenting to assist them attain their complete potential; and

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

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

Why Choose Our Child Custody Lawyers Rocky Point VIC

We are passionate regarding offering a specialized Family Law service Rocky Point that welcomes you, understands you and also shows you empathy in challenging times. Figure out why you can be guaranteed of our commitment to your legal demands.

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