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Child Custody San Remo VIC

Child Custody San Remo VIC

Accredited Family Law & Divorce Specialists In San Remo

We know family law. Our Child Custody Solicitors San Remo have actually represented numerous family law clients over the years and act for mums, dads, grandmas, grandfathers, 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 specific competence 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 attainable, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are looking to engage the services of a few of the best family solicitors San Remo has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In San Remo, the Family Law Act 1975 developed 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 allegations of adultery, 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 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 submit 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 continuous duration and indicates more than physical separation where there is no probability 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 actually not been separated for more than 12 months.

An application can still be made while the parties are living under the very same roof or if one has actually offered the other with some home services. It may be hard to establish that separation has actually happened in these situations and accordingly the Court will require 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 have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to reside in San Remo indefinitely or otherwise be able to offer evidence 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 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 need to think about that correct plans have been produced any child of the marriage, 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 actually been granted the Divorce becomes effective one month and one day after the Order has been made.

Once a Divorce has actually taken effect, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. 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 San Remo

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 beginning of any Court proceedings the parties are needed to go to, take part and make a genuine effort in resolving any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be set up with the assistance of lawyer, mediators and counsellors San Remo.

If no contract 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 attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.

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

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

making sure that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the best interest of the child; and

securing the children from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and

ensuring that kids get adequate and appropriate parenting to assist them achieve their complete potential; and

making sure that parents fulfil their tasks, and satisfy their obligations, concerning the care, welfare and advancement of their kids.

There are other aspects that the Court may consider in any particular situations.

Why Choose Our Child Custody Lawyers San Remo VIC

We are passionate regarding giving a specialty Family Law service San Remo that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be guaranteed of our dedication to your legal needs.

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