Custody and Divorce Matter
The client seeks to initiate divorce proceedings in Victoria, Australia, while maintaining the confidentiality of their children's details due to safety concerns related to the ex-partner's criminal behavior. The client is pursuing arrangements that include no contact with the ex-partner, who is anticipated to remain incarcerated for a substantial period. There are no currently scheduled court hearings, and the client is not in search of spousal maintenance or concerned about the division of marital assets. The last interaction with the ex-partner occurred in 2016, and contact has been completely avoided since then.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I ensure that the children's information remains confidential during the divorce proceedings?
To maintain the confidentiality of children's information during divorce proceedings in Victoria, you can request a suppression order or a non-publication order from the court, which would prohibit the public release of identifying details concerning the children. Family law cases generally occur privately, with children's names anonymised in related court documents. Engaging a family lawyer can assist in these requests and ensure compliance with relevant laws regarding the best interests of the children.
What factors will the court consider when determining custody given the charges against my ex-partner?
The court will focus on the children's best interests, which include their emotional and physical wellbeing, and any risk they may face from the ex-partner's actions. The court may implement no contact orders to align with your preference for securing the children's safety.
Am I required to disclose my ex-partner's criminal history in the court documents?
In family law proceedings, disclosing relevant information like an ex-partner's criminal history is often necessary so the court can make informed decisions regarding custody and the children's safety. However, sensitive disclosures should be managed carefully to protect the children's details.
What steps should I take to protect the children's safety and wellbeing during this process?
To ensure your children's safety during this process, pursue an urgent parenting order that restricts contact with the ex-partner. Collect evidence of any threats and seek assistance from a family lawyer to navigate legal issues efficiently.
How might my ex-partner's incarceration impact asset division or maintenance?
The length of the ex-partner's incarceration could affect asset division, as their financial contributions may be diminished. However, since spousal maintenance is not sought, this is a less pressing concern for you.
