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Child Custody Seaview VIC

Child Custody Seaview VIC

Accredited Family Law & Separation Specialists In Seaview

We know family law. Our Child Custody Lawyers Seaview have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific expertise in divorce, child custody and property division.

We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are looking to engage the services of some of the best family lawyers Seaview has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Seaview, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is normally 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 readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no possibility 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 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 supplied the other with some family services. It may be tough to establish that separation has occurred 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 partner will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to reside in Seaview forever or otherwise be able to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has been married for less than 2 years, the Court needs 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 have to consider that appropriate arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is dealt with 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 been made.

As soon as a Divorce has taken effect, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Seaview

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

Prior to the commencement of any Court proceedings the parties are required to go to, take part and make a real effort in dealing with any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an agreement is reached the regards to that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, further settlements can be organized with the support of lawyer, conciliators and counsellors Seaview.

If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

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

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

guaranteeing that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum level consistent with the very best interest of the child; and

securing the children from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and

guaranteeing that kids receive adequate and proper parenting to help them accomplish their complete potential; and

ensuring that parents satisfy their duties, and meet their obligations, concerning the care, well-being and advancement of their kids.

There are other elements that the Court may take into account in any particular scenarios.

Why Choose Our Child Custody Lawyers Seaview VIC

We are passionate regarding offering a specialized Family Law service Seaview that welcomes you, understands you and shows you empathy in tough times. Learn why you can be assured of our dedication to your legal requirements.

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