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Child Custody Preston South VIC

Child Custody Preston South VIC

Accredited Family Law & Separation Specialists In Preston South

We understand family law. Our Child Custody Lawyers Preston South have represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific expertise in divorce, child custody and home division.

We are devoted 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 very best possible outcome. If you are planning to engage the services of some of the best family lawyers Preston South has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Preston South, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle 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 broken down irretrievably.

Any application for Divorce is generally 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 just offered after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and indicates more than physical separation where there is no possibility 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 provided the other with some family services. It may be challenging to establish that separation has happened in these scenarios and accordingly the Court will require proof in support of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner 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, plan to reside in Preston South forever or otherwise have the ability to offer proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has actually been wed for less than 2 years, the Court requires 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 proper arrangements have been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.

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

Once a Divorce has actually worked, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period might be granted in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Preston South

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

Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make a real effort in dealing with any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more negotiations can be organized with the support of lawyer, mediators and counsellors Preston South.

If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

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

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

guaranteeing that the children have the benefit of both of their parents having a meaningful participation in their lives, to the maximum level constant with the best interest of the child; and

securing the children from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and

ensuring that children receive adequate and proper parenting to help them attain their full potential; and

ensuring that parents satisfy their tasks, and satisfy their obligations, concerning the care, welfare and development of their children.

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

Why Choose Our Child Custody Lawyers Preston South VIC

We are passionate regarding offering a specialized Family Law service Preston South that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be guaranteed of our dedication to your legal requirements.

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