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Child Custody Reservoir VIC

Child Custody Reservoir VIC

Accredited Family Law & Divorce Specialists In Reservoir

We know family law. Our Child Custody Solicitors Reservoir 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 solicitors can represent you in all elements of family law, having particular knowledge in divorce, child custody and home division.

We are devoted to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you acquire the best possible outcome. If you are looking to engage the services of a few of the very best family lawyers Reservoir has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Reservoir, the Family Law Act 1975 developed 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 irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is typically 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 submit 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 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 deal with 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 same roof or if one has actually provided the other with some family services. It might be tough to develop that separation has happened in these situations and appropriately 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 partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, mean to live in Reservoir indefinitely or otherwise be able to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.

In instances 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 need to consider that appropriate arrangements have been made for any child of the marriage, 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 granted the Divorce becomes effective one month and one day after the Order has been made.

Once a Divorce has taken effect, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Reservoir

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

Prior to the beginning of any Court procedures the parties are needed to go to, participate and make a genuine effort in resolving any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more settlements can be organized with the help of solicitor, arbitrators and counsellors Reservoir.

If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court should regard the best interests of the child as the paramount consideration.

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

guaranteeing that the kids have the advantage 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 child; 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 help them accomplish their complete potential; and

guaranteeing that parents satisfy their tasks, and satisfy their duties, concerning the care, welfare and advancement of their kids.

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

Why Choose Our Child Custody Lawyers Reservoir VIC

We are passionate regarding offering a specialized Family Law service Reservoir that welcomes you, understands you and also shows you empathy in challenging times. Find out why you can be assured of our dedication to your legal requirements.

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