Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Polokwane? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases Continue Reading
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Jagersfontein Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Jagersfontein or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.
This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Jagersfontein. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Jagersfontein or any other city in South Africa.
What to do before visiting the Jagersfontein Children’s Court
Before you approach the Children’s Court in Jagersfontein, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Jagersfontein has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Jagersfontein Children’s Court for assistance.
TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.
Approaching the Jagersfontein Children’s Court
The Jagersfontein Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Jagersfontein Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.
Once you arrive at the Jagersfontein Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.
In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:
- PART A: PARTICULARS OF CHILD(REN)
- PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
- PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
- PART D: PARTICULARS OF MATTER
In part D, the following is stated which you need to provide in the form:
- Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
- Documents: Are there any documents relating to the matter? (If so please attach)
Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Jagersfontein.
TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.
Processing your Application at the Jagersfontein Children’s Court
Once you complete the Form A and submit it to the Clerk of the Jagersfontein Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.
TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.
Appearing in the Jagersfontein Children’s Court
When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:
- Get a social worker involved in the matter;
- Appoint a legal representative for the minor child;
- Implement interim care and contact arrangements;
- Having the parties attempt to agree on a parenting plan;
-
In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.
TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.
Finalising the matter in the Jagersfontein Children’s Court
Once the Jagersfontein Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.
TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.
The above Jagersfontein Children’s Court Application tips should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Jagersfontein, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Jagersfontein Children’s Court Family law legal matters can be very stressful. This is so whether you live in Jagersfontein or any other city in South Africa. Especially so if you Continue Reading
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Rustenburg Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Rustenburg or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client. This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Rustenburg. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Rustenburg or any other city in South Africa.What to do before visiting the Rustenburg Children’s Court
Before you approach the Children’s Court in Rustenburg, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Rustenburg has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Rustenburg Children’s Court for assistance. TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.Approaching the Rustenburg Children’s Court
The Rustenburg Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Rustenburg Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you. Once you arrive at the Rustenburg Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2. In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:- PART A: PARTICULARS OF CHILD(REN)
- PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
- PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
- PART D: PARTICULARS OF MATTER
In part D, the following is stated which you need to provide in the form:- Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
- Documents: Are there any documents relating to the matter? (If so please attach)
Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Rustenburg. TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.Processing your Application at the Rustenburg Children’s Court
Once you complete the Form A and submit it to the Clerk of the Rustenburg Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow. TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.Appearing in the Rustenburg Children’s Court
When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:- Get a social worker involved in the matter;
- Appoint a legal representative for the minor child;
- Implement interim care and contact arrangements;
- Having the parties attempt to agree on a parenting plan;
In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests. TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.Finalising the matter in the Rustenburg Children’s Court
Once the Rustenburg Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later. TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided. The above Rustenburg Children’s Court Application tips should apply to the following provinces and cities:Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha Port Elizabeth, Queenstown, Uitenhage, ZwelitshaFree State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, WelkomGauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, VereenigingKwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, UmlaziLimpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, ThabazimbiMpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port NollothWestern Cape:
Bellville, Rustenburg, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Rustenburg Children’s Court Family law legal matters can be very stressful. This is so whether you live in Rustenburg or any other city in South Africa. Especially so if you Continue Reading
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Soweto.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Soweto
Whether you claim child maintenance in Soweto, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Soweto.
The maintenance scenario – Soweto South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
- The Child is seven years old and attends school in Soweto
- The child is cared for by the mother who works in Soweto
- The mother works and earns a Salary of R 10 000
- The father sees the child every second weekend. He also lives and works in Soweto
- The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
- The father earns a reasonable salary and can afford the R 20 000 – 00 per month
- The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Soweto, it would be the maintenance court in Soweto. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Soweto, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Soweto Maintenance Court?
Once you have been notified of the maintenance court date by the Soweto Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Soweto?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Soweto Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Soweto Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Soweto, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Soweto. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty Continue Reading
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Worcester.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Worcester
Whether you claim child maintenance in Worcester, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Worcester.
The maintenance scenario – Worcester South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
- The Child is seven years old and attends school in Worcester
- The child is cared for by the mother who works in Worcester
- The mother works and earns a Salary of R 10 000
- The father sees the child every second weekend. He also lives and works in Worcester
- The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
- The father earns a reasonable salary and can afford the R 20 000 – 00 per month
- The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Worcester, it would be the maintenance court in Worcester. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Worcester, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Worcester Maintenance Court?
Once you have been notified of the maintenance court date by the Worcester Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Worcester?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Worcester Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Worcester Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Worcester, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Worcester. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty Continue Reading
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[ninja_form id=85] Kindly complete the online form above. After submitting the form, it will take you to the page with the Zoom login details. Do not close the page until you have logged onto Zoom as the Zoom details wont be emailed to you. Only confirmation. Kindly note that this is a free platform and you would not be charged for the advice given online. You will also remain anonymous. Please note that Zoom sessions will not publish your video should you leave your video camera on. Only the audio would be published and/or broadcasted. We are looking forward to providing you with the advice online.
Zoom Link for Live Q&A Registration Form Kindly complete the online form above. After submitting the form, it will take you to the page with the Zoom login details. Do not close the page until you have logged onto Zoom as the Zoom details wont be emailed to you. Only Continue Reading
What are the legal implications of a step-parent adopting a child in South Africa? Is it possible and what are the rights of the biological parents?
It often happens that a couple marries and there are step-children involved. A spouse would therefore have a child from a previous relationship. The previous relationship could either have been a marriage or just a romantic experience. Sometimes, the step-parent would want to adopt the child, affording him or her legal rights and responsibilities over the child. This is the case, even if the other parent is still alive and in the picture. It may happen that a parent is not much involved in a child’s life and would not mind that the other parent who cares for the child have his or her spouse adopt the child. By doing so, the child would have the step-parent’s surname. The responsibility towards the child would now also fall on the step-parent. Whatever the reason, this article deals with the legal aspects. As you would see further below, an adoption order has the following effect: (a) confers full parental responsibilities and rights in respect of the adopted child upon the adoptive parent; (b) confers the surname of the adoptive parent on the adopted child, except when otherwise provided in the order; (c) does not permit any marriage or sexual intercourse between the child and any other person which would have been prohibited had the child not been adopted; and (d) does not affect any rights to property the child acquired before the adoption. (3) An adopted child must for all purposes be regarded as the child of the adoptive parent and an adoptive parent must for all purposes be regarded as the parent of the adopted child. The law dealing with adoptions is the Children’s Act 38 of 2005 (the Act). Chapter 15 of the Act which deals with it is quite extensive. It starts at section 228 and ends at section 253. We will first deal with the issue as which child may be adopted. For a full view of the Act and the relevant sections, click here. Child who may be adopted 230.(1) Any child may be adopted if- (a) the adoption is in the best interests of the child; (b) the child is adoptable; and (c) the provisions of this Chapter are complied with. (2) An adoption social worker must make an assessment to determine whether a child (3) A child is adoptable if – (a) the child is an orphan and has no guardian or caregiver who is willing to adopt the child; (b) the whereabouts of the child’s parent or guardian cannot be established; (c) the child has been abandoned; (d) the child’s parent or guardian has abused or deliberately neglected the child, or has allowed the child to be abused or deliberately neglected; or (e) the child is in need of a permanent alternative placement. Next, we deal with who may adopt a child. Persons who may adopt child 231.(1) A child may be adopted- (a) jointly by- (i) a husband and wife; (ii) partners in a permanent domestic life-partnership; or (iii) other persons sharing a common household and forming a permanent family unit; (b) by a widower, widow, divorced or unmarried person; (c) by a married person whose spouse is the parent of the child or by a person whose permanent domestic life-partner is the parent of the child; (4 by the biological father of a child born out of wedlock; or (e) by the foster parent of the child. Lastly, should all go well, the court would make an adoption order. The next section of the Act deals with the effect of the adoption order. Effect of adoption order 242.(1) Except when provided otherwise in the order or in a post-adoption agreement confirmed by the court an adoption order terminates – (a) all parental responsibilities and rights any person, including a parent, step-parent or partner in a domestic life partnership, had in respect of the child immediately before the adoption; (b) all claims to contact with the child by any family member of a person referred to in paragraph (a); (c) all rights and responsibilities the child had in respect of a person referred to in paragraph (a) or (b) immediately before the adoption; and (d) any previous order made in respect of the placement of the child. (2) An adoption order – (a) confers full parental responsibilities and rights in respect of the adopted child upon the adoptive parent; (b) confers the surname of the adoptive parent on the adopted child, except when otherwise provided in the order; (c) does not permit any marriage or sexual intercourse between the child and any other person which would have been prohibited had the child not been adopted; and (d) does not affect any rights to property the child acquired before the adoption. (3) An adopted child must for all purposes be regarded as the child of the adoptive parent and an adoptive parent must for all purposes be regarded as the parent of the adopted child.What are the rights of step-parents and his or her spouse after the step-parent adopted the child?
Once a child has been adopted by a step-parent, the court can order that both the step-parent and spouse (other biological parent) are the holders of parental responsibilities and rights. This issue was dealt with in the case of Centre for Child Law v Minister of Social Development (21122/13) [2013] ZAGPPHC 305; 2014 (1) SA 468 (GNP) (30 October 2013). The court stated the following: [14] The advice allegedly given by officials of the Children’s Court to prospective applicants for adoption that, in terms of s. 242 of the Act, the granting of an application for adoption by a step-parent will automatically terminate all rights and responsibilities of the parent in respect of the child, ignores the exception provided for in the preamble of s. 242. In terms thereof, an adoption order terminates those rights “except when provided otherwise in the order…………… The Children’s Court therefore has a discretion to order that the rights and responsibilities of a child’s parent or guardian will not terminate upon the grant of an adoption order in favour of the step-parent. It will, save in exceptional circumstances, clearly be in the best interests of the child that such an order be made. The Children’s Court is obliged to function in a manner which in each case promotes the best interests of the child and should, except where there are sound reasons not to do so, make an order that the granting of an adoption order in favour of a step-parent will not terminate the responsibilities and rights of the child’s parent or other guardian. In this case, the court made the following order: [17] In the result, I grant the following order: 1.It is declared that section 230(3) of the Children’s Act, 38 of 2005, does not preclude a child from being adoptable in instances where the child has a guardian and the person seeking to adopt the child is the spouse or permanent domestic life-partner of that guardian. 2.It is declared that section 242 of the Children’s Act, 38 of 2005, does not automatically terminate all the parental responsibilities and rights of the guardian of a child when an adoption order is granted in favour of the spouse or permanent domestic life-partner of that guardian, having regard to the discretion which section 242 affords the court to order otherwise. 3… What are the rights of the step-parent and the biological parent’s post-adoption?
Once the step-parent adopts the child, he or she has full parental responsibilities and rights as outlined above., The court can also order that you retain your parental responsibilities and rights over your child. At the same time, unless there is a post-adoption agreement stating otherwise, the other parent loses all his or her rights over the child.
What are the legal implications of a step-parent adopting a child in South Africa? Is it possible and what are the rights of the biological parents? It often happens that a couple marries and there are step-children involved. A spouse would therefore have a child from a previous relationship. The Continue Reading
Questions on Divorces to an Attorney or Advocate
Below are some questions people have regarding divorces that they may pose to an Attorney. Should have any questions on a divorce, feel free to post it below.Family Law Questions and Answers
Should you not find what you are looking for, feel free to post your questions on our blog, by clicking on the following links:
Divorces – Questions and Answers
Child Custody – Questions and Answers
Child Maintenance – Question and Answers
Domestic Violence – Questions and Answers
You are welcome to call us on 021 424 3487 / 0870735800
For other legal and business services, feel free to visit:
Can you get a divorce without your spouse’s consent?
Yes, you can. The process will take longer if it is defended.How do you get a divorce if you have no money?
Approach the Magistrate’s Court in your area for assistance with your divorce. You do not need a lawyer.Can you refuse to get a divorce?
Yes, you can. However, the Court would grant the divorce if the marriage has broken down and cannot be saved.Can I do my own divorce?
Yes, you can do your own divorce. There is no need for a lawyer.How can you get a divorce if spouse won t sign?
The Court can still divorce you if your spouse won’t sign.Can you be denied a divorce?
Yes, you can if the marriage has not broken down.How many years do you have to be separated to get a divorce?
There is no minimum. A week could be enough. The marriage should have broken down.Can you get a divorce without having to go to court?
One spouse needs to go to court to give evidence.Do both parties have to agree to get a divorce?
No, they do not. The Court will decide if a divorce is warranted.Can you get a divorce without a lawyer?
Yes, you can. A lawyer is not needed. However, it is always a good idea to use one.How long does it take to get a contested divorce?
It depends on the Court. We presume no less than 6 months.How long do you have to respond after being served with divorce papers?
You have 10 (ten) working days.How much does it cost to get a mutual divorce?
It depends on the lawyers you use. The Court does not charge. So if you do it yourself, there is no fee.How cheap can you get a divorce?
Various lawyers charge different fees. If you do it yourself, its free.Can you get a divorce for free?
If you do it yourself, its free.How fast can you get a divorce?
If both parties agree, it can take about three weeks.How much does it cost to get a divorce?
It depends on the lawyer. But if you do it yourself, it free.Do you have to get a lawyer to get a divorce?
No, you do not need a lawyer.How long do you have to be married before you have to pay alimony?
There is no set time.Can you make your spouse pay for the divorce?
Yes, you can.Can you force a divorce?
No, you cannot.How do you stop a divorce after filing?
You have to withdraw the action.Can you contest a divorce?
Yes, you can.What is an uncontested divorce?
It is a divorce where both parties agrees to theWhat do I need for a contested divorce?
You need good reasons why you are contesting it.Can serve divorce papers myself?
No, you need to make use of the Sheriff of the Court.Can you get a divorce without your spouse’s consent?
Yes, you can.How do you get a divorce if you have no money?
You do not need much money to get divorced. The only costs is that of the Sheriff.What are unreasonable terms in a divorce?
Terms which you are not entitled to. For example, wanting the entire joint estate.Can I do my own divorce?
Yes, you can.How much will it cost to get a divorce?
There are no costs. You must, however, pay the sheriff fees.How many years do you have to be separated to get a divorce?
There is no specific minimum. The marriage should only not be able to be saved.Where can I get divorce papers for free?
Visit the divorce court in your area.How much money does it cost to get a divorce?
There are no costs, other than the sheriff’s costs. How do I file for divorce without a lawyer? You can do it yourself. Visit the Magistrate’s Court in your area.Can you refuse to get a divorce?
Yes, you can.Can you get a divorce without having to go to court?
One party must go to court.What happens if your spouse does not sign divorce papers?
The divorce would then proceed on a defended basis if they filed such a notice.Can you be denied a divorce?
Yes, you can if the marriage has not broken down.Do both parties have to agree to get a divorce?
No.How long do you have to wait before a divorce is final?
It’s final once the judge or magistrate gives the decree.How long does it take for a divorce to be final after signing papers?
Once the matter gets heard in Court and the order granted.How long does it take to get a contested divorce?
Can take no less than six months. It depends on the Court and the lawyer.Can a judge not grant a divorce?
Yes, if the marriage has not broken down.Can the father get full custody of his child?
Yes, he can if it is in the child’s best interests.Can you force a divorce?
No, you cannot.How long do you have to be married before you have to pay alimony?
There is no limit.Is it adultery to date while separated?
Yes, it is as you are still married.Is it cheaper to get divorced after 2 years?
The costs might be more for legal fees.Can you get a divorce without the other person knowing?
No, the other person must be notified.Can you get a divorce online?
No, it is not possible. One party must appear in Court and give evidence.Can you get a divorce without a lawyer?
Yes, you can. You can act as your own lawyer.How long do you have to respond after being served with divorce papers?
You have 10 working days. It is best to do it sooner.How do you get a divorce if you do not work?
It is still possible. Visit your nearest magistrate’s court for assistance. All you need is the costs of the sheriff.How can I file for a divorce on my own?
If you know what you are doing, we advise that you do so. However, you can go to the Magistrate’s Court and ask for assistance.How long do you have to be separated in order to get a divorce?
There is no maximum or minimum time period.Can serve divorce papers myself?
No, you have to make use of the Sheriff.What is sexual misconduct during a divorce?
This would be in a spouse is busy with adultery during the divorce.What is an informal separation in a marriage?
This is when the parties do not get divorced, but agree to live separately.Can I date while separated before the divorce?
There is nothing in law preventing you from doing so.Is it okay to date while going through a divorce?
It may be best to first finalise your divorce.How much do you pay in alimony and child support?
It depends on the means and need of the parties concerned.How do you figure out alimony?
You look at income, expenses and needs.Can you refuse to get divorced?
Yes, you can. However, you must have good reasons. If the marriage is over, then the divorce would proceed.How can you get a divorce if the spouse will not sign?
The Court can still divorce you.Can a mother take her child away from the father?
Yes, if it is in the child’s bests interests. However, one should not do so unless a child care expert advises you to do so.Do you still have to pay child support if you have 50 50 custody?
It is possible if you earn more than the other parent.Can a judge not grant a divorce?
Yes, it is possible if the marriage has not broken down. Can the court deny a divorce?How long does it take to get a contested divorce?
It can take a long time, from six months to over a year.How much is a contested divorce?
It depends on your lawyer and how long it takes.Do you have to have proof of divorce to remarry?
No. But it is illegal to marry again if you are not divorced.Is a decree of divorce the final divorce?
Yes, it is. You should receive and Order.How long do you have to wait before a divorce is final?
It is final once the Judge gives a final order or divorce.How long does divorce take?
It depends on the case. If your spouse and you fight on every issue, it can take years.Can I divorce my wife without her consent?
Yes, you can.Do both husband and wife have to agree to divorce?
No, they do not have to. The Court would divorce you if the marriage has broken down completely.Can you force your spouse to divorce you?
No, you cannot. You need to follow the court process.Can you contest a divorce?
Yes, you can.How long do you have to keep your divorce papers?
You should keep it indefinitely.Where can I get a copy of my divorce papers?
You should visit the Court that gave you the divorce.How do you get a divorce if you have no money?
We advise that you approach the Magistrate’s Court in your area.What does it mean when a divorce is contested?
It means your spouse is not agreeing to the divorce.Can you fight a divorce?
Yes, you can fight it. The legal term is defend it.How much does it cost to get an uncontested divorce?
It depends on the lawyer. But if you do it yourself, there is no fee other than the sheriff.How long do you have to keep bank statements for?
It depends on what. If it is for maintenance, we suggest three years.Are all divorce records public?
Yes, it is.Can I find divorce orders online?
No, you need to visit the court.How do you find out if your divorce is final?
You need to visit the court and ask for a copy.Are divorce filing public records?
Yes it is.How can I get my divorce certificate?
You need to visit the court and ask for a copy.How do you get a copy of a divorce decree?
You need to visit the court and ask for a copy.Can you refuse to get divorced?
Yes, you can.Is everything Split 50 50 in a divorce?
Yes if you are married In Community of Property.Can a wife claim her husband property in the divorce?
It is possible if there is a legal basis for it.Can I keep my house in a divorce?
Yes, if it is agreed upon or awarded by the court.Who gets the child in a divorce?
The parent who can best care for the child primarily.Can infidelity be used in a divorce?
Yes, it can.Can you lose custody of your child due to adultery?
Its possible, but very unlikely if its the sole reason.Can you sue your spouse for adultery?
No, you cannot.Can the father get full custody of his child?
Yes, he can.What is considered adultery in a divorce?
If there was sexual intercourse.Can a mother take her child away from the father?
If it is in the child’s best interest. It is advised to get the advice of a social worker first.Do you still have to pay child support if you have 50 50 custody?
It is possible. Depending on your income. If you earn more, then it is possible.How do you prove a parent unfit?
It depends on the facts. If there are such facts, it must be brought to the court’s attention.What is considered an unfit mother?
A mother who does not act in the best interests of the child and the child suffers.How can mother win child custody?
She must prove that it is in the best interest of the child if she gets custody.Can you get custody of a child that is not yours?
Yes, it is possible.What is considered a stable environment for a child?
Where there child’s best interests are met.How long does divorce take?
If it is defended, it can take a year. If not, a month.What is unreasonable divorce settlement in a divorce?
Where it favours one party.Can you contest a divorce if you not happy with it?
Yes, you can.Can you defend a divorce?
Yes, you can.What happens if your wife does not sign divorce papers?
The divorce would go ahead, however, it might take longer.Can you be denied a divorce?
Yes, you can be denied a divorce if the marriage has not broken down.
Questions on Divorces to an Attorney or Advocate Below are some questions people have regarding divorces that they may pose to an Attorney. Should have any questions on a divorce, feel free to post it below. Family Law Questions and Answers Should you not find what you are looking for, Continue Reading
Divorce Lawyers – Make sure your Attorney or Advocate is on your side
Divorce Lawyer – Divorces need not be difficult. With a large number of marriages ending up in divorce; surely the process should be simple. When a marriage has broken down irretrievably, life needs to go on. It is senseless to make up for your unsuccessful marriage, by trying to have a successful divorce. If there are children involved, there is even more reason not to fight. And if there are no children involved, the only outstanding issues would be property. But if you were married out of Community of Property, there is no need to fight at all. This is where a good divorce lawyer comes in.Family Law Questions and Answers
Should you not find what you are looking for, feel free to post your questions on our blog, by clicking on the following links:
Divorces – Questions and Answers
Child Custody – Questions and Answers
Child Maintenance – Question and Answers
Domestic Violence – Questions and Answers
You are welcome to call us on 021 424 3487 / 0870735800
For other legal and business services, feel free to visit:
This article does not deal with the procedural aspects of a divorce. Other articles on this website deal with that. The aim of this article is for you to search and find a good divorce lawyer, attorney, or advocate that has your best interests at heard. In other words, not there to make a small fortune off you, at the expense of your well being and that of your family. Below you would find a consent paper, with reasonable terms, that can be customised accordingly.How should divorce lawyers deal with divorce matters?
Not all divorces are the same. But the reality is, not all divorces need to be a fight. The only persons that benefit from a long drawn out divorce are lawyers. And once the funds dry out, so too does the divorce lawyer’s energy for your case. In our view, the first thing the divorce lawyers should do when approached by a client for a divorce is to resolve it expeditiously. This can be done by trying to call both parties into a round table meeting. This is where all issues are unpacked. If that is not possible, send the other side a reasonable settlement agreement. In that way, before huge sums of money are wasted on legal costs; matters can be resolved in a cost effective manner. Have a look at the Settlement Agreement below which should be part of any good divorce lawyer’s templates. It is reasonable an one that should be accepted by the other side with due amendments. [caption id="attachment_6682" align="alignleft" width="300"]
Divorce Attorney Cape Town[/caption]EXAMPLE OF A CONSENT PAPER
IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) CASE NO: /18 In the matter between: JOHN SMITH PLAINTIFF and JANE SMITH DEFENDANT CONSENT PAPER INTRODUCTION THE PARTIES, as described above, were married to each other on XXX, at XXX, Cape Town, Western Cape, and the marriage still so subsists; THREE (3) MINOR CHILDREN, namely, XXX (hereafter together referred to as “the minor children”), were born from the marriage; THE PARTIES find it unfortunate, and are in agreement that the marriage has broken down irretrievably and that there is no reasonable prospect of the restoration of a normal relationship between them; AND THEREFORE, the Parties both wish for a divorce, dissolving the marriage between them, which divorce both parties would co-operate in finalising as friendly and as speedily as possible; AND WHEREAS the Parties have arrived at an Agreement relating, inter alia, to parental responsibilities and rights, proprietary rights and costs of suit, which agreement the Parties desire to record in writing and have incorporated in the Final Order of Divorce in the event of the above Honourable Court seeing it fit to grant a Final Decree of Divorce dissolving the marriage between the Parties. NOW THEREFORE THESE SAID PARTIES AGREES AS FOLLOWS:- PERSONAL MAINTENANCE
- Each Party hereby waives his or her claim to personal maintenance, past, present and future from the other Party, if any;
- PARENTAL RESPONSIBILITIES AND RIGHTS
- The Parties are to remain co-holders of parental responsibilities and rights in respect of the minor children in terms of the Children’s Act, 38 of 2005 (“the Children’s Act”) as follows:
- The Parties are to remain co-holders of guardianship over the minor children as provided for in Section 18(2(c), 18(3), 18(4) and 18(5) of the Children’s Act; and
- The Parties are to remain co-holders of parental responsibilities and rights of care and contact in respect of the minor children as provided for in Section 18(2)(a) and (b) of the Children’s Act.
- The Parties’ rights of care and contact shall be implemented as follows:
- The minor children shall reside primarily with Plaintiff who shall be their primary care-giver; and
- Defendant shall have reasonable contact with the minor children as follows unless agreed to otherwise between the Parties:
- Every alternative weekend, commencing from Friday 15:00 until 17:00 on the Sunday;
- Every Tuesday preceding his weekend of contact from 17:00 to 20:00; and
- Every Thursday succeeding his weekend of contact from 17:00 to 20:00.
- School Holidays
- Equal sharing of long and short school holidays, in that the minor children shall reside one half with Plaintiff and the other with Defendant which shall alternate each year.
- Special Days Contact
- The Plaintiff and/or the Defendant, as the case may be, shall further have contact with the minor children on the following days for 3 (three) hours notwithstanding in whose care the minor children are in on those days:
- Christmas Day;
- The minor children’s birthday;
- Father’s Day and Mother’s Day; and
- The Parties’ birthday.
- The Parties shall have telephonic contact with the minor children on a regular basis whilst the minor children are in the other’s care;
- Notwithstanding the above, the Parties shall have reasonable contact with the minor children at all times, provided that any additional contact shall be arranged telephonically and shall only take place by prior arrangement and consensus between the Parties; and
- The Parties shall respect each other’s privacy and shall not enter each other’s homes at any time without prior invitation, whether for the purpose of fetching or returning the minor children or any other reason whatsoever.
- JOINT DECISION MAKING
- The Parties shall make joint decisions about the following aspects of the minor children’s life:
- Major decisions about the minor children’s schooling and tertiary education;
- Major decisions about the minor children’s physical care, mental health care and medical care;
- Major decisions about the minor children’s religious and spiritual upbringing;
- Decisions about the minor children’s residence both within and outside the Cape Peninsula;
- Decisions which are likely to significantly change the minor children’s living conditions or to have an adverse effect on their well-being; and
- Decisions which affect the minor children’s everyday care and daily routine shall be made by the party in whose care the minor children are in at the relevant time.
- FACILITATION
- A facilitator shall be appointed by the parties jointly to facilitate and assist in resolving disputes between the parties relating to the minor children;
- These disputes shall include contact disputes should one party feel that contact should be increased or decreased, or varied for either party;
- In the event of the facilitator being unable to continue as facilitator, then he/she shall appoint a facilitator in his/her place, alternatively, or should the parties be unable to agree on the appointment of a facilitator or replacement facilitator, such facilitator or replacement facilitator as the case may be shall be appointed by the chairperson for the time being of FAMAC (Western Cape);
- In the event of the parties being unable to reach agreement in respect of a dispute, with the assistance of the facilitator, then the facilitator shall be entitled to issue a directive in respect of such dispute which shall be valid of full legal force and effect and binding upon the parties until a court of competent jurisdiction Orders differently;
- The facilitator shall be entitled in his/her sole discretion to appoint such other person as may be necessary in order to make a decision in respect of the issue in dispute, including the right to co-opt a facilitator or the assistance of an appropriate expert if he/she deems it appropriate or necessary; and
- The cost of sessions with the facilitator and the services of the expert shall be shared equally between the parties unless otherwise directed by the facilitator. Each Party shall, however, be liable for the facilitator’s costs incurred attendant upon such party’s written and telephonic communications with the facilitator.
- CHILD MAINTENANCE
- Defendant shall pay an amount of R XXX – 00 (XXX Rand) per month per child, in respect of child maintenance;
- The aforementioned amounts are payable on or before the 1st day of each and every succeeding month from the date of the Divorce. The said sum shall be paid into such bank account as Plaintiff may nominate from time to time;
- The child maintenance payable shall increase annually on the 1st day of January each year, in accordance with the rise that has taken place in the preceding 12 (Twelve) months in the Consumer Price Index (CPI) for the Republic of South Africa, as determined by the Director of Statistics or its equivalent for persons in the middle-income group;
- Plaintiff shall retain Alyssa Skye Abrahams, on her current medical aid scheme, or a similar scheme with similar benefits;
- Defendant shall retain Joel Malcolm Abrahams, on his current medical aid scheme, or similar scheme with similar benefits;
- Both Parties would be responsible, in equal shares in respect of the minor children for all reasonable medical, psychological, physiotherapy, dental, ophthalmic, pharmaceutical, hospitalization and prescribed medication costs, incurred, and not covered by the latter medical aid schemes.
- If the minor children display aptitudes and qualify for tertiary education, then both Parties shall be responsible in equal shares for all the costs associated with such tertiary education, which shall include, but not limited to, tuition, textbooks, transport, and boarding if necessary. In this regard, if one Party paid for an educational expense in full, he or she shall accordingly be reimbursed with half the expense within 7 (seven) days of being showed proof of such expense.
- THE JOINT ESTATE OF THE PARTIES SHALL BE DIVIDED AS FOLLOWS:
- Defendant’s Investment Policy
- XXX
- MOTOR VEHICLES
- XXX
- BALANCE OF THE JOINT ESTATE
- The balance of the Joint Estate shall equally be divided between the Parties.
- OBLIGATIONS BINDING ON ESTATE
- The obligations in terms of this Consent Paper shall be binding on the parties’ respective estates, heirs, administrators and/or assigns.
- FULL AND FINAL SETTLEMENT
- This Agreement is a full and final settlement of all outstanding differences between them, and save as herein provided, neither party shall enjoy any personal claim against the other.
- COSTS
- Each party shall pay their own legal costs associated with the divorce.
- Each Party hereby waives his or her claim to personal maintenance, past, present and future from the other Party, if any;
- The Parties are to remain co-holders of parental responsibilities and rights in respect of the minor children in terms of the Children’s Act, 38 of 2005 (“the Children’s Act”) as follows:
- The Parties are to remain co-holders of guardianship over the minor children as provided for in Section 18(2(c), 18(3), 18(4) and 18(5) of the Children’s Act; and
- The Parties are to remain co-holders of parental responsibilities and rights of care and contact in respect of the minor children as provided for in Section 18(2)(a) and (b) of the Children’s Act.
- The Parties’ rights of care and contact shall be implemented as follows:
- The minor children shall reside primarily with Plaintiff who shall be their primary care-giver; and
- Defendant shall have reasonable contact with the minor children as follows unless agreed to otherwise between the Parties:
- Every alternative weekend, commencing from Friday 15:00 until 17:00 on the Sunday;
- Every Tuesday preceding his weekend of contact from 17:00 to 20:00; and
- Every Thursday succeeding his weekend of contact from 17:00 to 20:00.
- School Holidays
- Equal sharing of long and short school holidays, in that the minor children shall reside one half with Plaintiff and the other with Defendant which shall alternate each year.
- Special Days Contact
- The Plaintiff and/or the Defendant, as the case may be, shall further have contact with the minor children on the following days for 3 (three) hours notwithstanding in whose care the minor children are in on those days:
- Christmas Day;
- The minor children’s birthday;
- Father’s Day and Mother’s Day; and
- The Parties’ birthday.
- The Parties shall have telephonic contact with the minor children on a regular basis whilst the minor children are in the other’s care;
- Notwithstanding the above, the Parties shall have reasonable contact with the minor children at all times, provided that any additional contact shall be arranged telephonically and shall only take place by prior arrangement and consensus between the Parties; and
- The Parties shall respect each other’s privacy and shall not enter each other’s homes at any time without prior invitation, whether for the purpose of fetching or returning the minor children or any other reason whatsoever.
- JOINT DECISION MAKING
- The Parties shall make joint decisions about the following aspects of the minor children’s life:
- Major decisions about the minor children’s schooling and tertiary education;
- Major decisions about the minor children’s physical care, mental health care and medical care;
- Major decisions about the minor children’s religious and spiritual upbringing;
- Decisions about the minor children’s residence both within and outside the Cape Peninsula;
- Decisions which are likely to significantly change the minor children’s living conditions or to have an adverse effect on their well-being; and
- Decisions which affect the minor children’s everyday care and daily routine shall be made by the party in whose care the minor children are in at the relevant time.
- The Parties shall make joint decisions about the following aspects of the minor children’s life:
- A facilitator shall be appointed by the parties jointly to facilitate and assist in resolving disputes between the parties relating to the minor children;
- These disputes shall include contact disputes should one party feel that contact should be increased or decreased, or varied for either party;
- In the event of the facilitator being unable to continue as facilitator, then he/she shall appoint a facilitator in his/her place, alternatively, or should the parties be unable to agree on the appointment of a facilitator or replacement facilitator, such facilitator or replacement facilitator as the case may be shall be appointed by the chairperson for the time being of FAMAC (Western Cape);
- In the event of the parties being unable to reach agreement in respect of a dispute, with the assistance of the facilitator, then the facilitator shall be entitled to issue a directive in respect of such dispute which shall be valid of full legal force and effect and binding upon the parties until a court of competent jurisdiction Orders differently;
- The facilitator shall be entitled in his/her sole discretion to appoint such other person as may be necessary in order to make a decision in respect of the issue in dispute, including the right to co-opt a facilitator or the assistance of an appropriate expert if he/she deems it appropriate or necessary; and
- The cost of sessions with the facilitator and the services of the expert shall be shared equally between the parties unless otherwise directed by the facilitator. Each Party shall, however, be liable for the facilitator’s costs incurred attendant upon such party’s written and telephonic communications with the facilitator.
- Defendant shall pay an amount of R XXX – 00 (XXX Rand) per month per child, in respect of child maintenance;
- The aforementioned amounts are payable on or before the 1st day of each and every succeeding month from the date of the Divorce. The said sum shall be paid into such bank account as Plaintiff may nominate from time to time;
- The child maintenance payable shall increase annually on the 1st day of January each year, in accordance with the rise that has taken place in the preceding 12 (Twelve) months in the Consumer Price Index (CPI) for the Republic of South Africa, as determined by the Director of Statistics or its equivalent for persons in the middle-income group;
- Plaintiff shall retain Alyssa Skye Abrahams, on her current medical aid scheme, or a similar scheme with similar benefits;
- Defendant shall retain Joel Malcolm Abrahams, on his current medical aid scheme, or similar scheme with similar benefits;
- Both Parties would be responsible, in equal shares in respect of the minor children for all reasonable medical, psychological, physiotherapy, dental, ophthalmic, pharmaceutical, hospitalization and prescribed medication costs, incurred, and not covered by the latter medical aid schemes.
- If the minor children display aptitudes and qualify for tertiary education, then both Parties shall be responsible in equal shares for all the costs associated with such tertiary education, which shall include, but not limited to, tuition, textbooks, transport, and boarding if necessary. In this regard, if one Party paid for an educational expense in full, he or she shall accordingly be reimbursed with half the expense within 7 (seven) days of being showed proof of such expense.
- Defendant’s Investment Policy
- XXX
- MOTOR VEHICLES
- XXX
- The balance of the Joint Estate shall equally be divided between the Parties.
- The obligations in terms of this Consent Paper shall be binding on the parties’ respective estates, heirs, administrators and/or assigns.
- This Agreement is a full and final settlement of all outstanding differences between them, and save as herein provided, neither party shall enjoy any personal claim against the other.
- Each party shall pay their own legal costs associated with the divorce.
Divorce Lawyers – Make sure your Attorney or Advocate is on your side Divorce Lawyer – Divorces need not be difficult. With a large number of marriages ending up in divorce; surely the process should be simple. When a marriage has broken down irretrievably, life needs to go on. It Continue Reading
Looking for Family Legal Services in Masiphumelele- Child Maintenance, Child Custody, Visitation Rights and Divorce
Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.Family Legal Advice Consultancy
We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Masiphumelele area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.Price listings for Family Legal Services in Masiphumelele
We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.Legal Advice in Masiphumelele– Family law legal topics
For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to:- Child Maintenance
- Ante-nuptial Contact
- Change Matrimonial Property Regime
- Child Adoption
- Child Custody and Access
- Domestic Violence Protection
- Family Trust Registration
- Fast Unopposed Divorces
- Non-Compliance with maintenance orders
- Parenting Plans
- Postnuptial Contract Registration
- Pre-nikkah Agreement
And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:Child Maintenance
- How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
- Child Maintenance Question. How much should I pay or contribute as a p
- Child Support or maintenance claims. Does an unemployed father pay?
- Non-compliance with Maintenance Orders — Civil and Criminal Remedies
- Tricks and tips on how to win your child maintenance case
Child Custody
- The Law Regarding Children – The Children’s Act 38 of 2005
- Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
- How do I get full custody over my child?
- Parental Child Abuse in Custody Cases
- Relocate with minor child. Parent Refusing Consent for a Passport
- Father being refused contact to his child! What are his rights as a Father?
- Father’s Parental Responsibilities and Rights to his Child
- Urgent Access to your Children without a Lawyer
- Parenting Plans and the Law
- What happens in a custody dispute where one parent is mentally ill?
- How to win your child custody and access court case – Tips and Tricks
- Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?
Divorce and Property
- How to Change your Matrimonial Property Regime
- Do your own Unopposed Divorce. No lawyers needed and its Free.
- Parental Rights of Divorced Muslim parents after a Talaq or Faskh
- Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Masiphumelele
Are you residing in Masiphumelele and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Masiphumelele area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:- Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
- You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
- Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
- We urge potential clients to read their email well as well as the terms and conditions within the email.
- Only once payment has been made, will the face to face legal consultation be confirmed.
- Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.
Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.Free legal products if you live in Masiphumelele
Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:- Free Basic Will Tool Kit
- Free Shariah Will Template
- Free Divorce Starter Tool Kit
- Free Child Maintenance Calculator
- Free DIY Urgent Child Contact Toolkit
- Urgent Holiday Contact Toolkit
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!
Looking for Family Legal Services in Masiphumelele- Child Maintenance, Child Custody, Visitation Rights and Divorce Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close Continue Reading