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Child Custody Saint Helena VIC

Child Custody Saint Helena VIC

Accredited Family Law & Divorce Specialists In Saint Helena

We know family law. Our Child Custody Solicitors Saint Helena have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having particular expertise in divorce, child custody and residential or commercial property division.

We are committed 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 obtain the best possible result. If you are wanting to engage the services of a few of the very best family lawyers Saint Helena has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Saint Helena, the Family Law Act 1975 established 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 allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is typically filed 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 offered after a 12 month duration of separation. This 12 month separation period is to be a constant period and suggests 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 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 offered the other with some family services. It might be hard to develop that separation has taken place in these situations and appropriately the Court will need evidence in assistance 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 resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to reside in Saint Helena indefinitely or otherwise have the ability to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has been wed 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 correct arrangements 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 dealt with as a member of that family, and under the age of 18.

As soon as a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has actually been made.

Once a Divorce has worked, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period might be given in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Saint Helena

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

Prior to the commencement of any Court procedures the parties are required to participate in, take part and make an authentic attempt in dealing with any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If a contract is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more negotiations can be set up with the help of solicitor, mediators and counsellors Saint Helena.

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

In parenting matters, a Court needs to concern the very best interests of the kid as the critical consideration.

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

making sure that the kids have the advantage of both of their parents having a significant participation in their lives, to the maximum degree consistent with the very best interest of the child; and

protecting the kids from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and

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

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

There are other factors that the Court might consider in any particular scenarios.

Why Choose Our Child Custody Lawyers Saint Helena VIC

We are passionate regarding giving a specialty Family Law service Saint Helena that welcomes you, understands you as well as shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal needs.

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