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Child Custody Strathmore Heights VIC

Child Custody Strathmore Heights VIC

Accredited Family Law & Separation Specialists In Strathmore Heights

We understand family law. Our Child Custody Solicitors Strathmore Heights have actually represented hundreds of family law customers for many years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having specific competence in divorce, child custody and property division.

We are dedicated 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 get the best possible outcome. If you are aiming to engage the services of a few of the very best family legal representatives Strathmore Heights has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Strathmore Heights, the Family Law Act 1975 established 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 desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is usually filed 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 file the application together.

An application for Divorce is just available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and means more than physical separation where there is no probability 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 residing under the very same roof or if one has actually supplied the other with some household services. It might be hard to establish that separation has actually taken place in these circumstances 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 spouse will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to live in Strathmore Heights indefinitely or otherwise have the ability to provide proof that you lived in Australian for a minimum of 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 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 need to consider that proper arrangements have actually been produced any child of the marital relationship, 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 household, and under the age of 18.

As soon as a Divorce has actually been given the Divorce ends up being efficient one month and one day after the Order has actually been made.

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

Parenting Orders Strathmore Heights

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

Prior to the commencement of any Court procedures the parties are required to participate in, take part and make a genuine effort in resolving any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, further negotiations can be organized with the support of solicitor, conciliators and counsellors Strathmore Heights.

If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court should relate to the very best interests of the kid as the critical consideration.

According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:

ensuring that the kids have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum degree constant with the best interest of the kid; and

protecting the kids from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and

ensuring that children receive adequate and appropriate parenting to assist them achieve their complete potential; and

making sure that moms and dads satisfy their duties, and meet their duties, concerning the care, welfare and development of their children.

There are other factors that the Court may take into account in any specific situations.

Why Choose Our Child Custody Lawyers Strathmore Heights VIC

We are passionate about offering a specialized Family Law service Strathmore Heights that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be assured of our dedication to your legal demands.

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