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Child Custody Tallarook VIC

Child Custody Tallarook VIC

Accredited Family Law & Divorce Specialists In Tallarook

We understand family law. Our Child Custody Lawyers Tallarook have actually represented numerous family law customers over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives 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 rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible outcome. If you are planning to engage the services of some of the very best family solicitors Tallarook has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Tallarook, 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 infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has 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 files the application, or a joint application where both parties file 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 residing under the very same roof or if one has supplied the other with some family services. It might be hard to establish that separation has happened in these scenarios 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to reside in Tallarook indefinitely or otherwise be able to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has actually 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 think about that correct 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.

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

When a Divorce has taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Tallarook

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

Prior to the start of any Court proceedings the parties are required to go to, take part and make a genuine effort in resolving any parenting concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be organized with the help of lawyer, conciliators and counsellors Tallarook.

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 tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.

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

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

making sure that the children have the advantage of both of their moms and dads having a meaningful participation in their lives, to the optimum degree constant with the very best interest of the kid; and

safeguarding the children from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and

guaranteeing that children receive sufficient and appropriate parenting to assist them achieve their full potential; and

making sure that parents satisfy their tasks, and satisfy their obligations, concerning the care, welfare and development of their kids.

There are other factors that the Court might take into consideration in any specific situations.

Why Choose Our Child Custody Lawyers Tallarook VIC

We are passionate regarding giving a specialized Family Law service Tallarook that welcomes you, understands you as well as shows you empathy in tough times. Find out why you can be guaranteed of our dedication to your legal requirements.

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