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Child Custody Seaspray VIC

Child Custody Seaspray VIC

Accredited Family Law & Separation Specialists In Seaspray

We know family law. Our Child Custody Solicitors Seaspray have represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific expertise in divorce, child custody and 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 skillfully throughout the Court procedure so that you acquire the best possible outcome. If you are wanting to engage the services of some of the very best family solicitors Seaspray has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Seaspray, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has 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 just offered after a 12 month period of separation. This 12 month separation period is to be a continuous duration and implies 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 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 exact same roof or if one has supplied the other with some home services. It may be difficult to develop that separation has actually happened in these circumstances and accordingly the Court will need evidence in assistance 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 person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to reside in Seaspray 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 instances where a couple has actually been wed 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 consider that appropriate plans have actually 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 treated as a member of that family, and under the age of 18.

Once a Divorce has been given the Divorce becomes reliable one month and one day after the Order has actually been made.

Once a Divorce has taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Seaspray

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

Prior to the beginning of any Court proceedings the parties are needed to participate in, take part and make an authentic attempt in dealing with any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.

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

If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court must regard the best interests of the child as the paramount consideration.

According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:

guaranteeing that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum level constant with the very best interest of the child; and

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

guaranteeing that children receive adequate and correct parenting to help them accomplish their full potential; and

making sure that moms and dads satisfy their tasks, and satisfy their duties, concerning the care, well-being and development of their kids.

There are other factors that the Court might take into account in any specific situations.

Why Choose Our Child Custody Lawyers Seaspray VIC

We are passionate about offering a specialized Family Law service Seaspray that welcomes you, understands you and shows you empathy in tough times. Find out why you can be guaranteed of our commitment to your legal needs.

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