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Child Custody St Leonards VIC

Child Custody St Leonards VIC

Accredited Family Law & Divorce Specialists In St Leonards

We know family law. Our Child Custody Solicitors St Leonards have represented numerous family law clients over the years and act for mums, dads, grandmas, grandpas, married 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 knowledge in divorce, child custody and 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 expertly throughout the Court process so that you obtain the very best possible result. If you are seeking to engage the services of a few of the very best family legal representatives St Leonards has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In St Leonards, the Family Law Act 1975 established 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 abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is normally 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 file the application together.

An application for Divorce is only offered after a 12 month period of separation. This 12 month separation period is to be a constant period and implies more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in situations 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 living under the very same roof or if one has provided the other with some household services. It may be tough to establish that separation has taken place in these circumstances and accordingly the Court will require evidence in support 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 resident 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 Leonards forever or otherwise have the ability 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 actually been married for less than 2 years, the Court requires 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 been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that home, and under the age of 18.

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

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

Parenting Orders St Leonards

Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.

Prior to the beginning of any Court procedures the parties are needed to attend, get involved and make an authentic effort in solving any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be organized with the support of solicitor, arbitrators and counsellors St Leonards.

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

In parenting matters, a Court must relate to the very best interests of the child as the vital consideration.

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

guaranteeing that the children have the benefit of both of their parents having a significant involvement in their lives, to the maximum degree constant with the very best interest of the kid; and

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

ensuring that kids get appropriate and appropriate parenting to assist them accomplish their complete potential; and

guaranteeing that moms and dads satisfy their responsibilities, and fulfill their duties, concerning the care, well-being and advancement of their children.

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

Why Choose Our Child Custody Lawyers St Leonards VIC

We are passionate about giving a specialty Family Law service St Leonards that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be assured of our dedication to your legal demands.

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