Divorce and Custody

05May
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” I have met some happy couples, those who got it right, chose the right partner had kids and worked through all the issues. Marriage is never an easy ride but if you do choose the right partner don’t let go. ~Jack Jeddaman

“You hear about some marriage breaking up – the husband did this – the wife did that – and it’s very obvious what happened… No it’s not obvious what happened. There’s a lot more to the story you don’t know. You don’t know her background, her past, you don’t know his past. You don’t know what was going on in the family – you have no idea. So nothing is simple. This is why you have courts.”  ~ Jordan Maxwell

Divorce and Custody, get a copy of the legislated family law surrounding divorce and custody with contact arrangements or seek the correct advice and legal counseling in this area. It has been well documented that fathers are an essential parent so stay strong with this in mind. Don’t try and sail through separation, divorce and custody without good legal counsel. Surfing the net will not provide you with enough correct and accurate advice to accomplish divorce and custody arrangements by yourself.

A lot of Family Law changes with divorce and custody have moved in favour towards men. It’s been a long time coming but women still rule in this area. Get the right professional legal advice for you and your particular situation. Maintain a status quo of custody with your children that works for you and them and maintain this with absolute consistency otherwise things may not go in your favour. Divorce and custody can be very clinical so tread very carefully.

Also get informed about Intervention and Restraining orders. If you have been served with one take it seriously. Although they are not always criminal matters they will be civil and carry a legacy. Its relatively easy for women to get one issued. They can last up to two years but generally are for one year depending on the seriousness of the situation.

Intervention Orders (Restraining Orders/AVO’s)
Intervention Orders are Orders made in the local Magistrates Court.  They are made by the Court to prevent certain behaviours by one party or their associates against another person that makes that individual feel unsafe.  There are many conditions that can be imposed by the Court depending upon the circumstances of the case.
An individual can apply for an Intervention Order to protect them from:
a. Stalking (which is when someone constantly contacts another person or behaves in a way that makes them feel worried, anxious or fear for their safety). A stalker can be anyone, not just a family member or someone that you know.
b. Family violence (which is protection from a family member who is using family violence harmful behaviour that is used to control, threaten, force or dominate a family member through fear such as physical assaults, sexual abuse, as well as emotional and or psychological abuse).

There are 2 types of intervention orders:

INTERIM ORDERS – short-term order usually for a week or two which is made until the Court can hear all the evidence and make a final decision.
FINAL ORDER – a long term order (usually not less than 12 months) made if a Court is satisfied that a person has used family violence or stalking and is likely to do so again.
Usually if an Application is made and the Court is of the view that the complaint is serious they may hear the initial Application on an Ex-Parte basis (meaning in the absence of the person the order is being sought against).  If during that initial hearing the Court is convinced about the allegations on a temporary basis they will make an INTERIM ORDER in favour of the Applicant.  The case will be adjourned for a week or 2 and the other party will be served by the Victoria Police with the Initial Application as well as the INTERIM ORDER and be summonsed to attend Court on the next date.  If they fail to attend on the next date it is likely that a FINAL ORDER will be made against them in their absence.

If the Court do not view the allegations in the Initial Complaint (Application) as urgent …

… they will simply list the matter for a first date in a week or 2 and direct the Police to serve the Respondent who will need to attend Court on the next occasion.
You should note that Legal Aid do fund Intervention Order proceedings ,however the funding is limited and therefore you should speak with a Lawyer about the Intervention Order process and what is required prior to your first appointment.

Go to our child support post for more information

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