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Child Custody Running Creek VIC

Child Custody Running Creek VIC

Accredited Family Law & Separation Specialists In Running Creek

We understand family law. Our Child Custody Lawyers Running Creek have represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific know-how in divorce, child custody and residential or commercial property division.

We are dedicated to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you acquire the best possible result. If you are looking to engage the services of some of the best family solicitors Running Creek 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 Running Creek, 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 abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is generally 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 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 continuous period and implies more than physical separation where there is no likelihood 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 living under the same roof or if one has provided the other with some household services. It may be tough to develop that separation has actually taken place in these scenarios and accordingly the Court will need 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 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, intend to live in Running Creek 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 circumstances where a couple has been wed for less than 2 years, the Court requires the parties to participate in 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 made for 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 actually been approved the Divorce becomes efficient one month and one day after the Order has been made.

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

Parenting Orders Running Creek

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 kid’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 concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If a contract is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more settlements can be arranged with the help of solicitor, arbitrators and counsellors Running Creek.

If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.

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

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

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

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

guaranteeing that children receive appropriate and correct parenting to help them attain their full potential; and

guaranteeing that moms and dads satisfy their responsibilities, and satisfy their duties, concerning the care, well-being and development of their kids.

There are other elements that the Court may take into account in any particular scenarios.

Why Choose Our Child Custody Lawyers Running Creek VIC

We are passionate about providing a specialized Family Law service Running Creek that welcomes you, understands you as well as shows you empathy in tough times. Figure out why you can be assured of our dedication to your legal requirements.

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