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Child Custody St Helena VIC

Child Custody St Helena VIC

Accredited Family Law & Divorce Specialists In St Helena

We know family law. Our Child Custody Solicitors St Helena have represented numerous family law clients throughout the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular competence in divorce, child custody and residential or commercial property division.

We are committed to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are planning to engage the services of some of the best family lawyers St Helena has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In St Helena, the Family Law Act 1975 developed 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 allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is generally 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 just offered after a 12 month duration of separation. This 12 month separation period is to be a constant 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 residing under the exact same roof or if one has actually provided the other with some home services. It may be challenging to develop that separation has taken place in these situations and appropriately the Court will require 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 need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to reside in St Helena forever or otherwise have the ability to offer evidence that you lived in Australian for at least 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 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 consider that proper arrangements have been produced any child of the marriage, or a child from another relationship, or a child who has 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 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 duration may be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders St Helena

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 start of any Court proceedings the parties are required to attend, get involved and make a real attempt in solving any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an agreement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, further settlements can be organized with the help of lawyer, conciliators and counsellors St Helena.

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 tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.

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

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

making sure that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum level consistent with the very best interest of the kid; and

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

guaranteeing that kids receive adequate and appropriate parenting to help them achieve their full potential; and

making sure that moms and dads fulfil their tasks, and meet their duties, concerning the care, well-being and advancement of their children.

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

Why Choose Our Child Custody Lawyers St Helena VIC

We are passionate regarding giving a specialized Family Law service St Helena that welcomes you, understands you and also shows you empathy in hard times. Discover why you can be assured of our dedication to your legal requirements.

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