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Child Custody Sandford VIC

Child Custody Sandford VIC

Accredited Family Law & Divorce Specialists In Sandford

We understand family law. Our Child Custody Solicitors Sandford have represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having particular know-how in divorce, child custody and residential or commercial property division.

We are devoted 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 get the very best possible result. If you are seeking to engage the services of some of the best family lawyers Sandford has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Sandford, the Family Law Act 1975 developed 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 desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is generally 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 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 scenarios 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 residing under the same roof or if one has supplied the other with some home services. It may be hard to develop that separation has actually occurred in these situations and appropriately the Court will need proof in assistance of the application.

In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to live in Sandford indefinitely or otherwise have the ability to supply evidence that you lived in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has actually 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 need to consider that appropriate arrangements 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 household, and under the age of 18.

Once a Divorce has actually been granted the Divorce becomes effective 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 where to file an application for property/financial and spousal maintenance. An extension to this period may be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Sandford

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

Prior to the commencement of any Court proceedings the parties are needed to go to, take part and make an authentic attempt in fixing any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be organized with the help of solicitor, conciliators and counsellors Sandford.

If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court must concern the very best interests of the kid as the paramount consideration.

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

ensuring that the children have the advantage of both of their parents having a significant involvement in their lives, to the maximum degree constant with the very best interest of the child; and

safeguarding the kids from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and

making sure that kids get appropriate and correct parenting to assist them attain their full potential; and

guaranteeing that moms and dads fulfil their responsibilities, and satisfy their obligations, concerning the care, well-being and development of their children.

There are other aspects that the Court may take into consideration in any specific scenarios.

Why Choose Our Child Custody Lawyers Sandford VIC

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

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