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Child Custody Spotswood VIC

Child Custody Spotswood VIC

Accredited Family Law & Divorce Specialists In Spotswood

We know family law. Our Child Custody Solicitors Spotswood have actually represented numerous family law clients for many years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and property division.

We are devoted 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 process so that you acquire the best possible result. If you are looking to engage the services of a few of the very best family legal representatives Spotswood has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Spotswood, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle 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 unimportant. 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 submit the application together.

An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration 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 handle 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 residing under the exact same roof or if one has actually offered the other with some home services. It might be difficult to develop that separation has occurred in these scenarios and accordingly the Court will need 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 need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to reside in Spotswood forever or otherwise have the ability to provide proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has been married 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 appropriate plans have actually been produced 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.

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

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

Parenting Orders Spotswood

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 beginning of any Court procedures the parties are required to attend, participate and make a real effort in dealing with any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If a contract is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be set up with the assistance of lawyer, mediators and counsellors Spotswood.

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

In parenting matters, a Court should regard the best interests of the child as the paramount factor to consider.

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

making sure that the children have the benefit of both of their parents having a significant participation in their lives, to the optimum level consistent with the very best interest of the kid; and

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

ensuring that kids receive sufficient and correct parenting to help them accomplish their full potential; and

ensuring that parents fulfil their tasks, and fulfill their duties, concerning the care, well-being and development of their kids.

There are other aspects that the Court may consider in any specific scenarios.

Why Choose Our Child Custody Lawyers Spotswood VIC

We are passionate regarding offering a specialized Family Law service Spotswood that welcomes you, understands you and also shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal needs.

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