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Child Custody Swanwater VIC

Child Custody Swanwater VIC

Accredited Family Law & Separation Specialists In Swanwater

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

We are committed 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 outcome. If you are planning to engage the services of some of the very best family legal representatives Swanwater has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Swanwater, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment 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 marriage submits 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 continuous duration and indicates more than physical separation where there is no probability of reconciliation.

The application can be opposed in scenarios 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 residing under the exact same roof or if one has actually supplied the other with some family services. It may be tough to develop that separation has occurred in these situations 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 have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to live in Swanwater indefinitely or otherwise be able to offer evidence that you lived 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 needs 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 have to think about 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 actually or was adopted or who is treated as a member of that family, and under the age of 18.

As soon as a Divorce has been given the Divorce becomes effective one month and one day after the Order has actually been made.

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

Parenting Orders Swanwater

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

Prior to the commencement of any Court proceedings the parties are required to go to, participate and make a real attempt in dealing with any parenting concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be arranged with the help of solicitor, mediators and counsellors Swanwater.

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

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

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

guaranteeing that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum extent constant with the best interest of the kid; and

protecting the kids from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and

making sure that kids receive sufficient and appropriate parenting to assist them accomplish their complete potential; and

guaranteeing that moms and dads satisfy their responsibilities, and satisfy their duties, concerning the care, welfare and advancement of their children.

There are other elements that the Court may take into account in any particular circumstances.

Why Choose Our Child Custody Lawyers Swanwater VIC

We are passionate about providing a specialty Family Law service Swanwater that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be assured of our commitment to your legal requirements.

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