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Child Custody Rye VIC

Child Custody Rye VIC

Accredited Family Law & Divorce Specialists In Rye

We know family law. Our Child Custody Solicitors Rye have represented numerous family law clients over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having particular proficiency 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 achievable, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible outcome. If you are wanting to engage the services of a few of the best family lawyers Rye has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Rye, 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 adultery, violence or desertion are irrelevant. 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 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 duration of separation. This 12 month separation period is to be a constant period and means 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 deal with 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 actually supplied the other with some household services. It may be difficult to establish that separation has occurred in these circumstances and appropriately the Court will require evidence in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to reside in Rye forever or otherwise be able to offer 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 married for less than 2 years, the Court needs 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 correct plans have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that household, and under the age of 18.

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

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

Parenting Orders Rye

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 proceedings the parties are required to attend, get involved and make an authentic attempt in resolving any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be set up with the assistance of solicitor, conciliators and counsellors Rye.

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

In parenting matters, a Court needs to relate to the best interests of the child as the vital 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 children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum extent constant with the very best interest of the child; and

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

making sure that children receive appropriate and appropriate parenting to help them accomplish their complete potential; and

making sure that moms and dads fulfil their tasks, and satisfy their duties, concerning the care, welfare and development of their children.

There are other elements that the Court may consider in any particular circumstances.

Why Choose Our Child Custody Lawyers Rye VIC

We are passionate about giving a specialized Family Law service Rye that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be assured of our dedication to your legal needs.

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