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Child Custody Soldiers Hill VIC

Child Custody Soldiers Hill VIC

Accredited Family Law & Divorce Specialists In Soldiers Hill

We understand family law. Our Child Custody Lawyers Soldiers Hill have represented numerous family law clients 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 particular knowledge in divorce, child custody and home division.

We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are seeking to engage the services of a few of the very best family lawyers Soldiers Hill has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Soldiers Hill, the Family Law Act 1975 established 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 accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties submit the application together.

An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and suggests 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 residing under the exact same roof or if one has offered the other with some family services. It may be difficult to develop that separation has taken place in these circumstances and accordingly 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to live in Soldiers Hill forever or otherwise be able to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has been married for less than 2 years, the Court needs the parties to participate in 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 arrangements have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.

As soon as a Divorce has actually been granted the Divorce becomes reliable one month and one day after the Order has actually been made.

As soon as a Divorce has worked, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Soldiers Hill

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 required to attend, take part and make a real effort in fixing any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be set up with the assistance of lawyer, conciliators and counsellors Soldiers Hill.

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

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

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

guaranteeing that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum extent consistent with the very best interest of the kid; and

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

guaranteeing that children receive appropriate and proper parenting to help them accomplish their full potential; and

guaranteeing that moms and dads satisfy their responsibilities, and satisfy their duties, concerning the care, welfare and advancement of their children.

There are other aspects that the Court may take into account in any particular circumstances.

Why Choose Our Child Custody Lawyers Soldiers Hill VIC

We are passionate about giving a specialized Family Law service Soldiers Hill that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be guaranteed of our commitment to your legal demands.

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