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Child Custody Sandy Creek VIC

Child Custody Sandy Creek VIC

Accredited Family Law & Separation Specialists In Sandy Creek

We know family law. Our Child Custody Solicitors Sandy Creek have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having specific proficiency in divorce, child custody and home 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 very best possible result. If you are planning to engage the services of a few of the very best family lawyers Sandy Creek has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Sandy Creek, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle 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 unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is usually submitted 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 period of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no possibility of reconciliation.

The application can be opposed in circumstances 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 supplied the other with some household services. It might be tough to develop that separation has taken place in these situations and appropriately the Court will require proof in support of the application.

In addition to the requirements of a period 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 spouse needs to regard Australia as your home, plan to reside in Sandy 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 instances where a couple has actually been married for less than 2 years, the Court requires 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 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 family, and under the age of 18.

Once a Divorce has actually been approved the Divorce ends up being reliable one month and one day after the Order has actually been made.

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

Parenting Orders Sandy Creek

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

Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make a genuine attempt in dealing with any parenting concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If an arrangement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be set up with the help of lawyer, arbitrators and counsellors Sandy Creek.

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

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

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

ensuring that the children have the advantage of both of their parents having a significant participation in their lives, to the optimum level constant with the best interest of the child; and

protecting the children from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and

guaranteeing that children get adequate and proper parenting to help them accomplish their full potential; and

guaranteeing that parents fulfil their responsibilities, and satisfy their duties, concerning the care, welfare and development of their kids.

There are other elements that the Court might consider in any particular situations.

Why Choose Our Child Custody Lawyers Sandy Creek VIC

We are passionate regarding providing a specialty Family Law service Sandy Creek that welcomes you, understands you and shows you empathy in challenging times. Learn why you can be guaranteed of our commitment to your legal demands.

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