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Child Custody Stewarton VIC

Child Custody Stewarton VIC

Accredited Family Law & Separation Specialists In Stewarton

We know family law. Our Child Custody Lawyers Stewarton have actually represented hundreds of family law customers over the years and act for mums, dads, grandmas, 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 specific competence in divorce, child custody and residential or commercial property division.

We are devoted 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 very best possible result. If you are seeking to engage the services of a few of the best family legal representatives Stewarton has to offer, then look no more. 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 Stewarton, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has 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 only readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and means 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 deal with 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 very same roof or if one has actually provided the other with some family services. It might be difficult to establish that separation has actually occurred in these situations and appropriately the Court will need evidence in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to live in Stewarton forever or otherwise be able to provide evidence 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 wed for less than 2 years, the Court needs 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 need to consider that appropriate plans 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 household, and under the age of 18.

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

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

Parenting Orders Stewarton

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 commencement of any Court procedures the parties are required to attend, take part and make a real effort in solving any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the regards to that contract can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be organized with the support of lawyer, mediators and counsellors Stewarton.

If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.

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

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

ensuring that the children have the advantage of both of their parents having a significant involvement in their lives, to the optimum degree constant with the best interest of the child; and

securing the kids from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and

guaranteeing that children get appropriate and proper parenting to help them accomplish their complete potential; and

making sure that parents satisfy their responsibilities, and meet their duties, concerning the care, well-being and development of their kids.

There are other factors that the Court may take into consideration in any particular scenarios.

Why Choose Our Child Custody Lawyers Stewarton VIC

We are passionate regarding providing a specialized Family Law service Stewarton that welcomes you, understands you as well as shows you empathy in tough times. Discover why you can be assured of our dedication to your legal needs.

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