Family Lawyers in Melbourne

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International Family Lawyers in Melbourne

 

The Australian Family Law deals with cases related to marriage and de facto relationships from all the states of Australia except West Australia. West Australia has its own Family Court to deal with marriage related cases.

 

The family cases that span different countries call for International family law fraternity to settle the issues surrounding them; like married in Canada, residing in Australia, spouse and child want to relocate to UK and property investments are in Switzerland! Such cases are very prevalent in recent times where people are more mobile and globetrotting. The civil laws of each country are different and need to be understood how each law would affect your case practically.

 

Child abduction or removal cases involving cross border laws must bring in Hague Convention or any other International Law to address the problem speedily. Unless either of the party is genuinely connected with Australia, the Family Court of Australia does not involve itself in such cases and let the respective country’s judiciary decide the case.

This entire legal exercise requires extensive network of contacts in various countries among the family law leagues. International family law counsel, collaborative specialists, financial advisors all form a team in handling international law cases as they demand more proactive and strategic case handling since laws of other countries play a very important role in such international families and their assets.

 

There are specialized family lawyers in International Family Law in Melbourne who can diligently handle international family law issues in the Federal Circuit Court or in the Family Court of Australia and / or other court of law of other countries.

 

List of issues fall in the purview of International Family Laws are:

 

  • Child Abduction/ removal and seeking Hague Convention intervention
  • Spouse and/ or child relocation to other countries
  • Property agreements and settlements outside Australia
  • Child support and maintenance liabilities arising overseas
  • Parenting arrangements requiring between two parents staying in different countries
  • Spousal maintenance liabilities arising overseas
  • Validating proof or documents from other countries
  • Separation and divorce matters wherein either of the ex-spouse is living out of Australia

The list is not exhaustive though. You can reach out to your international family law specialized family lawyer in Melbourne and take the legal process further on.

 

Divorce:

 

Despite the separated couple not residing in Australia, the Family Court can exercise its jurisdiction in granting them divorce if; either of them is a citizen of Australia either by birth/grant/ descent, generally live in Australia and have lived so for 12 months before filing for divorce in Australian Family Court or consider Australia as his/her home and intends to stay here for indefinite time.

 

Property Settlement:

 

The Family Court takes up the case of property settlement of those divorcing couple who at the time of marriage were either Australian citizens or lived in Australia that time or generally live in Australia.

 

The Family court may decide not to take the case in its jurisdiction, when both the parties live outside Australia and their property too is outside Australia. Advisably, such cases are not dealt with, in Family Court of Australia.

 

Child Abduction & Hague Convention:

 

When the child is intended to be taken outside Australia without appropriate consent from the other parent and court; you can seek the Family Court’s injunction to bring detention order from any exit points in the country. Once the child is taken out of Australia, the matter falls in international family law jurisdiction and must be applied to Hague Convention for locating and restoring the child.

 

An important information to be taken note is in case of emergency, you can reach out to emergency phone service of Family Court after business hours too. You need not wait for the next business day to get the injunction order from the court.

 

To get Hague Convention to intervene for the recovery and restoration of child, the country to which the child is taken, must be a convention country like Australia. Hague Convention consists of set of countries to address international child abduction crimes (taking the child out if his/her domicile country without the consent of other parent / court is considered as criminal offence). The governments of these countries have legal and administrative arrangements in place to locate and bring back the child to the home country.

 

Parenting Arrangements & granting parenting orders:

 

The court always works in the best interest of the child, hence it may or may not intervene in some of the parenting arrangements. The family court intervenes on the basis that the child is residing in Australia at the time of application, or the child is citizen of Australia, or generally resides in Australia, or either of the parents (or other interested party like grandparents) are citizens of Australia or reside in Australia or present in Australia at the time of parenting order application.

 

Satisfying any of the scenarios, the court considers the matter under its jurisdiction and proceeds with legal intervention.

 

Child Support:

 

For the Child Support Agency to assess the child support amount, the child should be genuinely having relation with Australia and fulfill all the above conditions. If either of the parents is not residing in Australia the CSA can still assess the child support amount provided the parent is in any of the countries that have mutual law enforcement commitments.

 

Even if the above condition is not met, a parent can still seek child support by applying to Family Court of Australia under International family law accordance.