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Child Custody Stratford VIC

Child Custody Stratford VIC

Accredited Family Law & Separation Specialists In Stratford

We know family law. Our Child Custody Lawyers Stratford have represented hundreds of family law customers over the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific knowledge in divorce, child custody and home division.

We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the very best possible result. If you are planning to engage the services of a few of the very best family legal representatives Stratford has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Stratford, 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 desertion are unimportant. The only ground for Divorce is that the marriage has actually 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 marital relationship files 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 period is to be a continuous period and suggests more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in circumstances 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 same roof or if one has offered the other with some household services. It may be difficult to develop that separation has occurred in these situations and accordingly the Court will require evidence in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia citizen 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 Stratford indefinitely or otherwise have the ability to offer evidence that you resided 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 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 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 home, and under the age of 18.

As soon as a Divorce has been approved the Divorce becomes efficient one month and one day after the Order has been made.

Once a Divorce has actually taken effect, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration might be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Stratford

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.

Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make a genuine attempt in solving any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more negotiations can be arranged with the support of lawyer, mediators and counsellors Stratford.

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

In parenting matters, a Court needs to regard the best interests of the child as the paramount consideration.

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

guaranteeing that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the maximum level consistent with the very best interest of the kid; and

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

guaranteeing that children receive adequate and appropriate parenting to assist them attain their complete potential; and

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

There are other factors that the Court may consider in any particular situations.

Why Choose Our Child Custody Lawyers Stratford VIC

We are passionate about offering a specialty Family Law service Stratford that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be guaranteed of our commitment to your legal demands.

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