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Child Custody Shepparton VIC

Child Custody Shepparton VIC

Accredited Family Law & Divorce Specialists In Shepparton

We know family law. Our Child Custody Lawyers Shepparton have actually represented numerous family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, 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 specific proficiency in divorce, child custody and residential or commercial property 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 skillfully throughout the Court process so that you get the best possible outcome. If you are aiming to engage the services of a few of the very best family legal representatives Shepparton has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Shepparton, 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 allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship 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 marriage 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 duration of separation. This 12 month separation period is to be a constant period and means more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in circumstances 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 residing under the same roof or if one has actually offered the other with some household services. It might be challenging to develop that separation has occurred in these scenarios and appropriately the Court will require evidence in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to live in Shepparton forever or otherwise have the ability to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has 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 have to think about that correct plans have actually been made for 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.

When a Divorce has been approved the Divorce becomes effective one month and one day after the Order has been made.

Once a Divorce has actually taken effect, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period might be given in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Shepparton

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

Prior to the commencement of any Court procedures the parties are required to go to, take part and make a real effort in solving any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

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

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

In parenting matters, a Court must regard 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 benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum level constant with the best interest of the kid; and

protecting the kids from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and

making sure that kids get sufficient and proper parenting to assist them attain their complete potential; and

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

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

Why Choose Our Child Custody Lawyers Shepparton VIC

We are passionate about providing a specialized Family Law service Shepparton that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be assured of our dedication to your legal needs.

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