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Child Custody St Kilda Road VIC

Child Custody St Kilda Road VIC

Accredited Family Law & Divorce Specialists In St Kilda Road

We know family law. Our Child Custody Solicitors St Kilda Road have represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having particular proficiency in divorce, child custody and residential or commercial property division.

We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are seeking to engage the services of some of the very best family legal representatives St Kilda Road has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In St Kilda Road, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is usually 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 submit 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 duration and indicates more than physical separation where there is no probability of reconciliation.

The application can be opposed in situations 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 living under the exact same roof or if one has actually supplied the other with some household services. It might be challenging to establish that separation has occurred in these circumstances and accordingly 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 have 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, mean to live in St Kilda Road forever or otherwise be able to offer proof 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 requires 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 need to consider that appropriate arrangements have actually been produced any child of the marriage, or a child from another relationship, or a child who has 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 granted the Divorce becomes effective one month and one day after the Order has been made.

As soon as a Divorce has taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders St Kilda Road

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 start of any Court proceedings the parties are needed to participate in, take part and make a real attempt in fixing any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.

If a contract is reached the regards to that contract can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be set up with the help of lawyer, conciliators and counsellors St Kilda Road.

If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court should concern the best interests of the kid as the vital consideration.

According to area 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 significant participation in their lives, to the optimum degree consistent with the best interest of the child; and

securing the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and

making sure that children receive appropriate and proper parenting to help them attain their complete potential; and

guaranteeing that moms and dads satisfy their tasks, and meet their responsibilities, concerning the care, welfare and advancement of their kids.

There are other aspects that the Court may take into consideration in any specific scenarios.

Why Choose Our Child Custody Lawyers St Kilda Road VIC

We are passionate regarding offering a specialty Family Law service St Kilda Road that welcomes you, understands you and also shows you empathy in challenging times. Learn why you can be assured of our commitment to your legal demands.

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