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Child Custody Port Welshpool VIC

Child Custody Port Welshpool VIC

Accredited Family Law & Divorce Specialists In Port Welshpool

We understand family law. Our Child Custody Lawyers Port Welshpool have represented numerous family law customers over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular proficiency in divorce, child custody and residential or commercial property division.

We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the very best possible result. If you are looking to engage the services of some of the very best family solicitors Port Welshpool has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Port Welshpool, 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 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 file the application together.

An application for Divorce is only available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and means more than physical separation where there is no possibility 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 exact same roof or if one has actually offered the other with some household services. It might be challenging to develop that separation has actually occurred in these circumstances and appropriately the Court will require evidence in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to reside in Port Welshpool indefinitely or otherwise be able to offer evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances 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 have to think about that correct plans have 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 family, and under the age of 18.

When a Divorce has been approved the Divorce becomes reliable one month and one day after the Order has been made.

When a Divorce has taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Port Welshpool

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 kid’s life.

Prior to the start of any Court proceedings the parties are required to participate in, take part and make a real attempt in resolving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be organized with the help of lawyer, conciliators and counsellors Port Welshpool.

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 require confirmation that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court needs to regard the very best interests of the kid as the vital consideration.

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

ensuring that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum level constant with the very best interest of the child; and

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

making sure that kids get adequate and appropriate parenting to assist them achieve their full potential; and

making sure that parents fulfil their responsibilities, and fulfill their obligations, concerning the care, well-being and development of their children.

There are other aspects that the Court might take into consideration in any particular scenarios.

Why Choose Our Child Custody Lawyers Port Welshpool VIC

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

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