Divorce Certificates and Parenting Order Certificates
LAC Divorce Lawyers are experienced compassionate divorce lawyers who will fight to protect your interests in the event of divorce. Our Divorce Lawyers are knowledgable and experienced when it come to negotiatng and dealing with all aspects of Divorce proceedings. Rest assured LAC Divorce Lawyers will relentlessly pursue your rights.
The Family Law Act requires couples to submit the necessary documents before the court can grant divorce and parenting order certificates. Necessary certificates are essential to acquire before the commencement of any divorce or parenting orders to proceed. If these mandatory undertakings are not met by the separating couple, court proceedings may not take place.
Divorce Order
(a) Part F Certificate of Family Counselling
Couples who are married in less than two (2) years must attend counselling to determine the cause of the couple's decision to apply for divorce and the chance for reconciliation. A document known as the Part F Certificate of Family Counselling, signed by an accredited family counsellor should be attached to the application. Failure to do so may delay the proceeding of their divorce. The Certificate states that the couple considered reconciliation, with the aid from a family counsellor or other nominee.
However, joint family counselling may not be advisable or practicable if the other party refuses to attend or cannot be located, or there has been violence in the relationship.
Parenting Order
(a) Certificate by family dispute resolution practitioner
The Family Law Act requires parties, who would like to file an application for parenting orders, to engage in a family dispute resolution process, prior to commencing litigation. In doing so, the parties must acquire one of the following certificates from a family accredited dispute resolution practitioner:
- A certificate to the effect that the person did not attend family dispute resolution due to the other party’s failure or refusal to attend;
- A certificate to the effect that the person did not attend family dispute resolution because the practitioner considers that it would not be appropriate to do so;
- A certificate to the effect that the person attended family dispute resolution and that all attendees made a genuine effort to resolve the issue or issues;
- A certificate to the effect that the person attended family dispute resolution, but that the person, the other party or another of the parties did not make a genuine effort to resolve the issue or issues;
- A certificate to the effect that the person began attending family dispute resolution, but that the practitioner considers that it would not be appropriate to continue the family dispute resolution.
However, one exception to the dispute resolution requirements is if the court considers that there are reasonable grounds to believe in the existence of violence, abuse or risk.
If you need advice on your divorce or are contemplating a divorce our expierenced divorce lawyers would be more than happy to talk to you.
