VIC Divorce Application - Evidence of Parenting Arrangements?

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Shanej511

Member
20 November 2014
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The court will consider what is in the best interests of the children, taking into account all relevant factors including whether the requests by the children were made voluntarily or under influence/duress. The court will take into consideration the reasons for why the children do not wish to spend time with either parent, the objective situations of the parents and balance this with the right for a child to see both their parents, the age of the children and any reasons that may have influenced their decision/request and the starting presumption that having both parents in a child's life is beneficial.

I am filing a sole divorce application. Separation and property settlement occurred over 2 years ago. We have an 8 y.o. child who by out-of-court agreement lives full time with the mother. Provided my child support payments are up to date, is the divorce court likely to require additional evidence of the parenting arrangements before granting the divorce?
 

AllForHer

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23 July 2014
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No. I believe a JP has to witness a divorce application, so when you write on there what the arrangements for the child are, you're presumed to be telling the truth because you're under oath, so further evidence isn't necessary.

Because you're filing an application on your own and have a child under the age of 18, you will need to attend court on the day it considers your divorce. The registrar (or whoever hears the application) will basically just ask you 'have arrangements for the child been made?' And you say 'yes, the child lives with the mother and spends time with me.'
 
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CathL

Well-Known Member
19 April 2014
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Also have a look at the Family Law Courts "Divorce" page which sets out some useful information, including:
The granting of a divorce does not decide issues about property and maintenance or parenting arrangements for your children. If you want to make arrangements about these issues you can:
  • make an agreement with your spouse and file it with a court, or
  • seek orders from a court, where you and your spouse cannot reach an agreement.
  • For parenting cases, you also have the option to make a parenting plan. For more information about parenting plans, go to www.familyearelationships.gov.au or call 1800 050 321.

If you want to apply for maintenance for yourself or a division of property, you must file a separate application within 12 months of the date the divorce becomes final. Otherwise, you will need the Court’s permission to apply.
 
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