Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Mthatha Children’s Court Family law legal matters can be very stressful. This is so whether you live in Mthatha 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 Bethlehem Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Bethlehem 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 Bethlehem. 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 Bethlehem or any other city in South Africa.
What to do before visiting the Bethlehem Children’s Court
Before you approach the Children’s Court in Bethlehem, 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. Bethlehem 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 Bethlehem 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 Bethlehem Children’s Court
The Bethlehem Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Bethlehem 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 Bethlehem 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 Bethlehem.
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 Bethlehem Children’s Court
Once you complete the Form A and submit it to the Clerk of the Bethlehem 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 Bethlehem 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 Bethlehem Children’s Court
Once the Bethlehem 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 Bethlehem 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, Bethlehem, 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 Bethlehem Children’s Court Family law legal matters can be very stressful. This is so whether you live in Bethlehem 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 Lebowakgomo Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Lebowakgomo 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 Lebowakgomo. 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 Lebowakgomo or any other city in South Africa.
What to do before visiting the Lebowakgomo Children’s Court
Before you approach the Children’s Court in Lebowakgomo, 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. Lebowakgomo 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 Lebowakgomo 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 Lebowakgomo Children’s Court
The Lebowakgomo Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Lebowakgomo 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 Lebowakgomo 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 Lebowakgomo.
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 Lebowakgomo Children’s Court
Once you complete the Form A and submit it to the Clerk of the Lebowakgomo 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 Lebowakgomo 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 Lebowakgomo Children’s Court
Once the Lebowakgomo 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 Lebowakgomo 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, Lebowakgomo, 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 Lebowakgomo Children’s Court Family law legal matters can be very stressful. This is so whether you live in Lebowakgomo 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 Klerksdorp Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Klerksdorp 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 Klerksdorp. 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 Klerksdorp or any other city in South Africa.
What to do before visiting the Klerksdorp Children’s Court
Before you approach the Children’s Court in Klerksdorp, 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. Klerksdorp 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 Klerksdorp 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 Klerksdorp Children’s Court
The Klerksdorp Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Klerksdorp 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 Klerksdorp 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 Klerksdorp.
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 Klerksdorp Children’s Court
Once you complete the Form A and submit it to the Clerk of the Klerksdorp 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 Klerksdorp 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 Klerksdorp Children’s Court
Once the Klerksdorp 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 Klerksdorp 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, Klerksdorp, 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 Klerksdorp Children’s Court Family law legal matters can be very stressful. This is so whether you live in Klerksdorp 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 Ulundi.
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 Ulundi
Whether you claim child maintenance in Ulundi, 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 Ulundi.
The maintenance scenario – Ulundi 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 Ulundi
- The child is cared for by the mother who works in Ulundi
- 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 Ulundi
- 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 Ulundi, it would be the maintenance court in Ulundi. 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 Ulundi, 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 Ulundi Maintenance Court?
Once you have been notified of the maintenance court date by the Ulundi 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 Ulundi?
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 Ulundi 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 Ulundi 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, Ulundi, 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 Ulundi. 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 Springs.
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 Springs
Whether you claim child maintenance in Springs, 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 Springs.
The maintenance scenario – Springs 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 Springs
- The child is cared for by the mother who works in Springs
- 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 Springs
- 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 Springs, it would be the maintenance court in Springs. 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 Springs, 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 Springs Maintenance Court?
Once you have been notified of the maintenance court date by the Springs 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 Springs?
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 Springs 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 Springs 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, Springs, 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 Springs. 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
The plight and fight of unmarried fathers in obtaining primary care (custody) of their children in South Africa. Can the battle be won, and what are their rights?
By Advocate Muhammad Abduroaf (LL.B LL.M) There is a common misconception that if a child was born out of wedlock, only the mother can be the primary caregiver of the child concerned. This may however generally be the case. However, it is presumed by some that if a mother cared for the child since his or her birth, the father would not be able to be the child’s primary caregiver. In other words, the child would no longer live with the mother, but with the father. We do not blame our clients for thinking so. That is the stereotype. However, as the world changes, so does the law. We are often approached by fathers who have a child that was born out of wedlock. He and the mother most probably lived together when the child was born. But things did not work out between them. The mother moved out and lived with her parents or on her own. The father would then regularly have contact with the child. The type of contact would be decided by the mother. Now the question is, even if the child is 10 years old, is it theoretically possible for the child to be cared for by the father and live with him primarily? The answer to that is yes. This is so, as the law looks at what is best for the child concerned.What is the best interests of the child principle when it comes to parenting?
Both the South African Constitution and the Children’s Act, says that the child’s best interests are given priority. In other words, a child’s best interests are of paramount importance in matters relating to it. Therefore, for one to assume at the outset, that only mothers are the best primary caregivers, it is not only incorrect but potentially dangerous when dealing in children matters. The law expects us to look at all factors, not only who historically looked after the child, but also, the possibility of whether the father can better care for the child go forward. Also, as the child’s best interests are of paramount importance, deciding as to whether or not to move a child from the primary care of a mother to that of the father should not be done lightly. Therefore, even if the father 10 years later, can on the face of it care better for the child than the mother, this should not be the deciding factor. One would need to look at the emotional and psychological impact it would have on the child as well. 
What would be an ideal situation where moving the child from the mother to the father would be warranted?
In our view, material comforts are not reason enough to move a child from the primary care of a mother to that of a father. If the father is a wealthy person, and the mother not, he can be ordered to pay more child support towards the child’s expenses. However, if the child is of a certain age, and he needs to have certain living conditions, and the father has it, then that would be a possible factor. For example, if the child is a gifted swimmer, 17 years old and in matric, a need to train consistently, then it makes sense that the father’s living amenities may be an important factor to justify the movement of the child.Drug Abuse, Alcohol Abuse, and Mental Illness. Are these factors?
Then there is the obvious reason to move the child from the primary care of the mother to that of the father. This would be because the mother is incapable of caring for the minor child. She may have developed a mental illness, become an uncontrollable alcoholic, or addicted to illegal drugs. However, this alone does not automatically call for the father to be the minor child’s primary caregiver. It must first be determined that he can in fact care for the child. If the father only had supervised contact with the minor child and has his own issues, then in such a case, it may be better if the child is placed in foster care.So it all depends on the facts and circumstances of the child and parents?
What we are attempting to demonstrate above is that depending on the facts and circumstances, it may be best that a child is moved from the care of a mother who cared for the child since birth, and be placed in the care of the father. The circumstances do not necessarily have to be serious like alcoholism a drug abuse on the part of the mother. Other reasons could be the academic needs, or the preference of the child, depending on his or her age. What can a father do if he wants to have primary care of his 10-year-old child? As stated above, the law looks at what is best for the child when it comes to who is to be the primary caregiver. It is just not there for the taking. If the parents can agree to a change of primary care, then the law would in most instances respect such a decision. However, if they cannot agree, the father would have to approach the competent court. But before doing so, he should attempt to mediate the matter.What about the Child Care expert’s recommendations (Social worker, psychologist, Office of the Family Advocate)?
If mediation fails, and the matter proceeds to court, the court may decide to call on child care experts to assist the court in the matter. A social worker, psychologist, or the office of the family advocate may be appointed to provide a report and recommendations to the court. The court would only be guided by this document. In other words, the court would not be bound by the recommendations of the experts. If the court determines based on all the facts of the matter, that it would be in the minor child’s best interests for the father to have primary care; the court would then so order it. Therefore, in answering the question posed above; yes, an unmarried father in South Africa can obtain full custody of a 10-year-old child. This depends on the facts of the matter of course. Advocate Muhammad Abduroaf, Advocate of the High Court of South Africa Member of the Legal Practice Council We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws
The plight and fight of unmarried fathers in obtaining primary care (custody) of their children in South Africa. Can the battle be won, and what are their rights? By Advocate Muhammad Abduroaf (LL.B LL.M) There is a common misconception that if a child was born out of wedlock, only the Continue Reading
Factors to consider when searching for child custody, divorce or child maintenance lawyers?
[caption id="attachment_8801" align="alignleft" width="260"]
Child Custody Lawyer, Divorce Lawyer, Cape Town[/caption] Not all lawyers are the same. Just as not all doctors are the same. You won’t go to a medical doctor who is a foot specialist (podiatrist) if you have a skin problem. For that, you will see a Dermatologist. This you would do, even if the podiatrist knows a bit about skin illnesses and diseases and is, nonetheless, a medical doctor. The same principles apply to the law and to lawyers. Various lawyers specialise in various fields of law. Some know more, and some know less. You won’t meet with a property lawyer if you have been accused of medical malpractice; or would you? You get the point we are trying to bring across. Factors to consider when enlisting legal service from a legal practitioner
There are Important factors to consider when employing, or enlisting the services of a lawyer (attorney, advocate, legal consultant, etc.) A few of these factors as follows:Location of the lawyer
This is not always an issue as the advice can be provided via a video call or telephonically. If it comes to litigation, it may be an issue. If you live in Cape Town and the lawyer in Johannesburg, there would be additional traveling costs to consider.The Cost or Fee of the Lawyer
Not all legal practitioners charge the same for their services. Depending on the years of experience of the lawyer, he or she would charge a higher or lower fee. The same applies to his or her expertise. If he or she is an expert in a certain field of law, the fee may be higher than a generalist attorney. Therefore, if you do not need expert advice, consult with an advocate or attorney with enough experience to be able to assist you. [caption id="attachment_8800" align="alignleft" width="269"]
Child Custody Lawyer, Divorce Lawyer, Cape Town[/caption]Gender of the Attorney or Advocate
There is not much that can be said about this factor. Some people prefer one gender over the other. The bottom line is to be comfortable with the person you are consulting with. Many times, especially in litigation, you may see your lawyer a few times a month for up to two (2) years.Availability of your lawyer
Some lawyers are extremely busy and in demand. Ensure that the lawyer you are making use of has the time to attend to your matter expeditiously.Experience of the lawyer
There is no substitute for experience. If your matter is simple, then experience may not be a big issue. If your matter is complicated, more experience is required. Obviously, as outlined above, with experience, there comes a higher price tag.The language which is spoken by the lawyer
It may be a good idea to make use of a lawyer who speaks your first language. If there is a language barrier, the lawyer may assume certain facts. The same applies to the client.Don’t speak to me, speak to my lawyer
You often hear the phrase, “do not speak to me, speak to my lawyer.” This phrase although popular may only be useful in certain circumstances. Unless you have many lawyers at your disposal or one that knows it all an is an expert in all areas of law, it won’t always be a good referral. Chanting that phrase may not be a good idea.Professional services come at a fee
Not everyone can afford the services of a lawyer (attorney or advocate). Legal practitioners are trained professionals, who would charge a fee for their time and services. The same as any professional or business would charge. Luckily the law does not force one to make use of an attorney or advocate when appearing in court or dealing with legal matters. You can represent yourself in a legal matter or conduct your own defense. But please, at no point do we say you should not seek legal advice or assistance. If you can afford it, or have access to it, obtaining sound legal advice and assistance in a matter is invaluable. Now let us move on to apply the aforementioned principles to sourcing a lawyer in relation to children matters. Here we are referring to matters regarding child custody, guardianship, maintenance and so on.Matters regarding children
When it comes to matters regarding minor children, the same principles as above apply. Maybe more so, as children are represented by adults in litigation. Most of the time it’s their parents, and sometimes, their caregivers. Sound legal advice is therefore paramount. If you have access to or can afford the services of a lawyer, it is important that you make use of an experienced and knowledgeable family law practitioner. There are many subbranches of family law. For example, a divorce lawyer may not deal with issues regarding relocation or passport application consent. Some legal practitioners practice commercial law, criminal law, and others, property law. Although one can always learn the law, making use of a legal practitioner with limited experience in a family law matter could cost you your case.Where to find a family law practitioner?
The internet is always a good place to start. Many law firms and consultancies have websites showcasing their experience and services. Sometimes you will hear of a law firm on the radio, or on social media. Word of mouth is also a good source. Notwithstanding where you find the details of a legal practitioner, you would like to find out if he or she is the right person for your case.Questions to ask a lawyer at your first meeting
The most important thing to determine from your lawyer is whether not he or she is capable of handling the matter at hand. If the matter is simple, then an expert in litigation would not be appropriate. However, if your matter calls for a court of law to make a decision on the matter, then a legal practitioner who has sufficient experience in litigation would be appropriate. This would be especially so when dealing with an urgent child custody matter. Therefore, you need to ensure that the lawyer you are consulting with is the type of lawyer you will require.Practical example on which lawyer to source
Let’s say you are involved in a custody dispute. You and the other parent of the child just separated. The other parent now decides to leave the country with a minor child without your consent. Let’s say, in this case, it is the mother. Only the mother’s name is on the birth certificate. She books the ticket for her and the child and tells the authorities she does not know who the father is. She is therefore set to leave the country the next day. The father hears about this and does not want the child to leave the Republic of South Africa. He has full parental responsibilities and rights as he was actively involved in the child’s life since her birth. In this case, an urgent court application should be made. Here an experienced attorney and advocate should be approached to stop the mother from leaving the country with the minor child. After the lawyers stopped the mother from leaving the country, a few days later, she applies for child maintenance. Both parents are salary earners, and the child’s’ expenses are basic. Under these circumstances, a reasonably experienced legal practitioner would be appropriate. They are many other factors to consider when employing the services of a lawyer. This would depend on the nature of your case. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws
Factors to consider when searching for child custody, divorce or child maintenance lawyers? Not all lawyers are the same. Just as not all doctors are the same. You won’t go to a medical doctor who is a foot specialist (podiatrist) if you have a skin problem. For that, you will Continue Reading
Please advice. I am a divorced father of 5 children. My take home salary is R16000 a month and my ex wife’s take home is R26000 a month.
I am paying the following: kids medical aid R5000 whilst she’s only alone in her medical aid Car installment R4600 a month whilst she’s got 2 cars Car Insurance R1000 a month Rental amount of R5000 a month whilst she’s got 2 houses School fees for my 2 daughters of R1400 a month 2 Kids transport fee R1600 a month Elder son transport R600 a month Last born’s Nanny R2000 a month Collecting kids to visit me R400 a month My food and electricity and water R1500 a month Maintenance for all kids of about R2000 which includes arrears I also have pay 50 percent towards clothing for all the kids including school uniform and books The Total is – R25500 a month of which I cannot clearly afford from my R16000 take home salary.Please help me with advice as to how do I appeal this as I cant even afford an attorney.
Best Regards Good day You need to make an application for the substitution of the maintenance order with an order which you can afford. For this, you need to approach the maintenance court.,2847, Hi, so I would just like to know. I have been paying for my childs needs since birth. He is 6 years old now. I have never directly paid money to her, I have always purchased what he needs myself. We are not together anymore and my son is staying with her, he comes to me every single weekend while his mother goes out to party. I am currently earning a nett income of R9500. Me and his mom had an agreement that I pay his schoolfees R7000 a year, and I pay his medical aid, as he can not be the only and main member I need to pay R2600pm for medical aid for both of us. She would pay the transport and the aftercare R900 every month. She has a car that she needs to pay monthly, with insurance and petrol cost per month, I do not have a car but I am able to save R6000pm. Will the court look into how much spending money I have left before making a ruling? I mean wouldn’t this be unfair seeing that she has a car, and paying monthly I can also get a car but would not want to put myself in a long term situation like that.,2861, Good day The court would look at what is in the child’s best interests, and at the same time what is fair and reasonable. In our view, having a car is not a luxury, and is useful when having a child.,2862, @Holder.the court looks at both your income,from what you said you only spend R7000 a year and maybe an extra R1000 for medical aid for the child,you also mentioned the mother would pay R900 towards transport and aftercare,there are many responsibilities related to raising a child,the court will look at the fact that the mother sees to your son’s day to day needs which you don’t.in my opinion she is contributing far more than you are,also the court regards what you are spending on your child as gifts to him,maintanance is you paying a certain amount to the mother either daily,weekly or monthly.her having a car is something that will benefit your son in a way.but go to court and let them make a ruling but from what you said it seems you have it so easy,you still have R6000 a month to save which means you don’t have much expenses,she could even ask you for more if she wishes.,2865, Hi, my Sister got impregnated by a policeman who refuse to pay maintenance. The court ordered for a paternity test which came back saying the policeman is not the father of the child. My sister is very confident that the child’s father is this guy because she was not involved with anyone else at the time she got pregnant. The court did tell her that she can contest the results but she will have to conduct another one privately on her own cost and she is not working. I experienced something similar on the same court when I needed my father to increase child support from R600 to R1000 when I was going to varsity, they kept giving me dates when the court will be closed or not attenting maintanance issues, I was once given the 23rd of december and when I arrived the court was closed. That carried on until it was my time to go back to school which became difficult for me to go back to the court as i was studying very far. My father is a prison warder from the same area. The employees at the court seems to be able to by pass the system and favour their colleagues so how do we ensure that the corrupt officials are reprimanded for it and most importantly how do i help my sister moving forward.,2869, Good day She would have to do a private paternity test.,2876, hi my son is now 13 , I receive R1600 from his father which only covers transportation for my son to school and back. school fees alone are R27000 , he is on my medical aid , daily expenses also apply. he’s father earns more than me but refuses to look at the financial planner for the child and be involved with his needs , I’ve asked him to go 50/50 with me on everything be it stationery , uniform etc he just refuses to even reply to my msgs, what can I do? please help,2878, Good day You need to approach the maintenance court for an Order that he pays a reasonable amount.,2880, Good Day I have a maintenance court order which states that my ex husband must pay R1800 per child. (I have 2 kids). He initially started paying R500 per child and now R800 per child. I have gone twice back to the maintenance court to report it. The last outcome they sent a sheriff of the court to seize his new taxis that he bought. Feedback from the Sheriffs office is I have no claim as the assets does not belong to him but is on higher purchase. He has just bought a brand new 4×4 van and is purchasing a new house. How is it possible that this is not taken into account and how must I proof which accounts he is hiding his money in. This is frustrating as he just gets away and the arrears are just now arrears in the courts view as I have no way to claim anything from. Please advise what is my next or any step to get the court order enforced.,2993, Good day This is clearly a case where the maintenance court is failing you by not doing their job. We would advise that you complain higher up in the maintenance court about the problems you are experiencing with them.,2999, Good Day. My brother has a 2 month old baby.He has been contributing towards to the child by buying him clothes,food and diapers.He received death threats from the mother of the child because she feels that he’s not doing enough.The mother of the child wants to take him to maintenance court.Please advice how should my brother go about this when he gets to court?,3018, Good day He needs to outline his income and expenses with documentary proof to the court.,3019, Hi.can u please help me in this case. I have been getting 950 from my babys father. Nd now shes going to pre school next yr january. Ive told him in march this yr that i found a pre school. Nd that the meeting will be hold sep.fine,i went to the meeting 19 sep nd tried contacting him abt the feedback nd whats needed.my phone was blocked. Called with different number. Nd he answered. I told him details of the meeting nd that the re nd jan fees had to be at payed not later yhan 30 nov or shell be consider not accepted at school. He agreed l. November 15 on his pay day he called me that he has the money hell bring it that day. 3 days passed nd when i called she gives it to his girlfriends to answer it. He then s3nd me sms saying that i should pay reg fee nd jan fee wiyh that money. Nd Told him that i only get money on the 1st of each month not same day he getspayed’15th’. I also told him even if i borrowed money to pay how will i pay ackermans. Buy food nd toiletri. He said hell do it which was just an empyty promise. Then my sister gave me the money payed on the 23.send him sms that i payed nd if hes still willing to pay the acc nd buy everything for the baby never reapond. For 2 weeks. I then went to court with all expenses. Gave me date of appearance. Now 2days later. He calls me acting concern. Told him that ive got appearance date im sure he got it after everything.he told me hell go to court to complain nd . I told him if asking u to take care of ur child is what ull complain abt good luck. Hes been blocking me when i ry to talk about babys school fee. Now he acts concern. Nd tells me abt the lawyers nd that i will regret.,3066, Good day Do not concern yourself with what he said. Let the court handle it. All you need to do is ensure that you have proof of income, and expenses for you and the child to show the court.,3081, Good Day I am a single parent and I have a 5 year old which has never met his father due to him leaving 3 months before the birth I haven’t heard from him until September 2017 in that time I have not received any type of a assistance. He went to the courts saying I am keeping the child away. The family Advocates got involved and there recommendation was he went through a therapeutic process that was Feb 2018 I haven’t heard anything from him again. I would also like to point out I have a protection order against him for domestic violence it was approved by the courts. He is unable to contact me but it seems his parents are contacting me on his behalf. What can I do I am fearful of his family and friends. I am fearful which I did mention to Family Advocates I fear for my sons safety. I am constantly looking over my shoulder. My son is starting Grade 1 soon and I am afraid that they will try get access to him. I have never spoken about him, to my son he has a dad. Please help me!!! I have gone to courts they say they can’t do anything cause he hasn’t made the recommendation a court order. Until then I am living with fears and concerns.,3282, Good day We advise you make use of the services of an attorney to assist in resolving those issues. If he does something illegal, you need to contact the Police.,3283, Good day. I have a daugther she is 6 years old and were are no longer together with her father. Her father wa working at pick n pay , in 2018 he was at police academy training in Bisho Eastern Cape for a year, now he is back from training and telling me that I should stop coming at her parent’s house because he has a new girlfriend and he don’t want her to found me at his parent’s house. And he doesnt support a baby. Can i take him to maintanacy court about those things and can you please advise me what to do,3291, Good day We advise that you approach the Maintenance Court as soon as possible to investigate this matter and make a Maintenance Order.,3296, Hi, does a Father have an obligation to pay some form of maintenance when he becomes unemployed? What is the law regarding this?,3365, Hi, my child is 2 months old I’ve filed a for maintenance, however at home they feel that I should cancel for safety reasons as the father might harm me or the baby, he was never violent with me its just concerns. So I’d like to know if I do cancel whats the procedure and consequences for that. I haven’t decided what to do but I would just like to know.,3366, Good day. We do not advise that you cancel your child maintenance application unless it is absolutely necessary. Child maintenance is a right of a child. We advise that you speak to the maintenance court about this issue and hopefully they can advise you accordingly. Looking at your message, we do not see any concerns.,3367, Good day. Even if the father is unemployed, he still has a legal obligation to pay child maintenance. This he can pay by selling assets he owns, or use part of the savings. If however you cannot afford to pay child maintenance you may proceed against his parents.,3368, Hi, I am married to the mother of my children through customary law. Since we are not yet registered I know automatically it means that we are married in community of property. My problem is that my estranged wife seem to be only interested in money. I hardly see my children and even when I do she wants to control the length of the time that we spend together. She does not give me any conjugal rights and refuse for my children to use my surname. Which now makes me wonder if they are really mine. She took me to a maintenance court and have now defaulted based on unanswered questions and a change in my finances. I need advise as to what I should do regarding joint custody because there is no court of law that granted her sole custody. I need to spend time with my children as much as she does and need us both to contribute towards the same course. I started to work May 2018, gave her R3000.00 the very same month end, but by 22 June 2018 she already filed for maintenance for R8000.00. I found this to be suspicious but because I was civil and wanted our relationship to work I offered her R6000.00. I could not keep up with the last 3 payments and have been summoned to court. What should I do?,3402, Good evening Reader, So my question is on behalf of my husband. He was previously married and has two kids with his ex wife. Since their divorce he has been paying child support. The mother was given Primary custody of the kids, with visitation rights of my husband. With the kids visiting every alternative weekend and school holidays we became worried for the kids safety as the kids advised us their mother was on drugs/ substance abuser started dating one too. In December 2016 the mother decided to send the son with a complete stranger and dropped him off at his grandmother’s place. With no prior notification to my husband. I then encouraged him to have a chat with her and of course to approach the social workers as things was getting out of hand. That’s when she asked my husband to give her a break so she could sort herself out because she was on drugs and had another son from another gentlemen and another on the way. Without hesitation we took both his kids and drove the other to her mother in Koring berg as she was unfit to care for them. We made arrangements and had them enrolled in school in January 2017. And they were with us ever since. She had full visitation of the kids but when they did visit she never made provision to feed her kids. I then advised my husband to continue with the social workers and child court. On numerous occasions. They were to appear in court and on every occasion she failed to appear. She then fell ill and relocated to her mother in Koring berg in Mid 2018 December 2018 we sent the kids on holiday to visit their mom. This turns into a complete nightmare. When we collected them on the 6th January the mother had advised my husband only then that she would not be sending the girl back. As she needed her daughter by her and needed the maintenance monies because she has two more kids. As her grant monies she receives for all four kids is not enough to sustain her. My husband then called the Mooreesberg police department and asked them to escort him as he didn’t want to make any trouble but please to advise the mother that it would be in the kids best interest to stay with us. She refused and advised the police officer that the daughter wanted to stay with her. We contacted the Social worker who then emailed the police department a full report and mentions in their, That it is in fact in the best interest of the children to stay with the father. My husband right now has no say over the matter as she was given Primary custody of the kids This is wrong! How do you as the Primary castodian remove your child from one school to another without prior communication? The girl has moved schools 4 times and she is in grade 5 now. The boy has moved schools 7 times and his now grade 8 and failed twice due to the mother’s negligence. Is their anything we can do or anything I can advise my husband to do? We have a pending case with child welfare? Logged a complaint with the maintenance court? 2 years is a bit long to be waiting due to the mother failing to appear in court. What can we do besides going to the high court and attempting to get custody of the kids? Does my husband have to pay maintenance to her for the girl? She will use the monies for her own personal benefit. What about the two years that they stayed with us and she did not contribute a cent? What is the best way forward. As I feel that the justice System fails so many wonderful father’s. And rule in favour of unfit mothers who use their kids as pawns to get maintenance and grants. We would really love to have her back with us as well. But getting primary custody seems Doom and Gloom if the social workers are still working the case 2 years later. Please advise soonest,3404, If I do cancel as I haven’t decided yet, how do I do that? And if I cancel can I reopen the case in future?,3430, Good day You must inform the Court. Contact them. Yes, you may apply again.,3436, Good day We strongly suggest that you see a lawyer and make an urgent application to the court for the return of the child. Regarding maintenance, if there is an order, he needs to then apply for its setting aside after the child is returned.,3444, Good day We advise that you approach the Children’s Court in your area for assistance. They may grant you an order dealing with your parental responsibilities and rights.,3478, good day i ahve a 7year old daughter, the father has been contributing an amount of R1500 every month towards her school fees and other needs. ive been spending on average R3616. ive taken my daughter out of a private school and have put her in a government school. our expenses shared would be R2200 each towards the child, but the father refuses to pay anything more than that. i have applied to the court as all i request is an increase of R500 more to his contribution. do i stand a chance in court?,3524, good day i have a 7year old daughter, the father has been contributing an amount of R1500 every month towards her school fees and other needs. ive been spending on average R3616. ive taken my daughter out of a private school and have put her in a government school. our expenses shared would be R2200 each towards the child, but the father refuses to pay anything more than that. i have applied to the court as all i request is an increase of R500 more to his contribution. do i stand a chance in court?,3525, Good day You do not mention the father’s earnings. If he can afford to pay more, the court would order so.,3531, Good Day the father earns twice as much as i do and our daughter is his only child.,3537, GOOD DAY MY SON HAS 1 CHILD WIH ONE WOMAN AND 2 WITH ANOTHER WOMAN, THEY ARE TRYING TO BLEED HIM DRY THE ONE CUSTODY WAS FOR R 4500.00 FOR THE 2 AND SHE THREATENS HIM AND HE HAS TRIED TO TAKE HIS LIFE 3 TIMES NOW BY SLASHING HIS WRISTS AND WE AS PARENTS MUST PICK UP THE PIECES AND SHE HAS STARTED THREATENING HIM AGAIN AND IF I LOOSE MY SON BECAUSE OF THEM WHAT DO I DO WALD CALMLY AWAY ?????????????????????????????/,3547, Good day Then he needs to pay about double what you would pay or spend on the child.,3551, Good Day My ex husband is a medical DR and he has been giving 1250×2 for our two daughters since 2015. and pays for their school fees (23500 a year for both kids) and buys 750 clothes for each child. i have been to court to increase this but with no help the whole year of 2018 January to December been to court. i have done section 31 because he wasn’t paying for the kids medical aid and on the order done in 2015 it stated that he should pay or put both the kids to the medical aid but he never. again he has no relationship with the kids to know what they need nor on their birthdays or xmas he buys them presents. he makes about i have bought a house where i stay with the kids and put both on my medical aid . please advice what i must do in this case.,3563, Hi if missed the court date due to work what can I do to get another date. So the father of my child wasn’t served because I had to be there with the police so I’ve been told I’m confused as to how it works.,3583, Good day If you and the father were not at the Court, then the Court most probably removed it from the court roll. It is best you re-apply or call the court to find out what you should do.,3624, Good day You should apply for an increase in child maintenance at the maintenance court.,3629, Good day Your son must go to the police and obtain a protection order against them.,3632, Good day. I have a child out of wedlock. When I left her father she was 2years now she’s going onto 7years I never claimed maintenance cause I was always turned away by the courts cause he wasn’t working. He was in a car accident years back and now as collected a portion of his R.A.F money. Can I now claim maintenance? If so what is the procedure?,3658, Good day, I am going to court in March 2019, the father of my child has never ever taken care of our son financially since he was born. Is the court able to backdate the money that I want to claim for maintenance?,3665, Good day We have been divorced for 5 years and my ex has only paid maintenance for 2 of those. He is self employed and in and out of work. I ask every month but he makes excuses for not having any money to give. He says he doesn’t have a bank account due to bad debt. What can be done if he works unconsistantly and in all probability doesn’t really make a concerted effort to find work? Thanks in advance,3666, My husband and his x_wife separate has been 4 years ,she divorce outside usa ,she mentally&emotionally torture my husband even these days,he take care of his son even more than he effort,now she filed child support but my husband fail to prove ho w much he spent on him what to do next,3668, Your husband needs to work out his income and expenses. If he cannot do that, then he will encounter problems.,3669, Good day We still advise you to take the matter to the maintenance court. The maintenance court would then deal with him.,3671, Good day Yes, the court is able to make such an Order.,3672, Good day The same way you applied the first time for maintenance, you should apply now. Go to the Maintenance Court ASAP.,3677,
Please advice. I am a divorced father of 5 children. My take home salary is R16000 a month and my ex wife’s take home is R26000 a month. I am paying the following: kids medical aid R5000 whilst she’s only alone in her medical aid Car installment R4600 a month Continue Reading
Professional drafting of your business agreements and contracts
First of all, running a business requires its own set of expertise and guts – we admire your courage and we understand that it’s not easy. However, a business person can in no way act as a legal expert when it comes to the drafting of business agreements and contracts. Unfortunately. 
It is for this reason your business may require the legal expertise of a legal professional who can help you avoid potential loopholes in your agreement. To have a fresh, legal perspective is relevant to the growth of your business and prevents your business from mistakes that could be irreversible. We are a family and business legal consultancy that aims to deliver professional, expert legal advice and guidance where necessary. See our estimated cost for our legal business products are as follows:
| Ante-nuptial Contracts | R 2 100 – 00 |
| Basic Will Drafting | R 1 000 – 00 |
| Email Legal Advice (per question) | R 299 – 00 |
| Family Trust Registration | R 7500 – 00 |
| Shariah Will Drafting | R 950 – 00 |
| Unopposed Divorces | R 9500 – 00 |
Drafting of Business Contracts
The legal expert however, reminds us that is it written contracts that binds people to their word: A sure way for a business to encounter problems in the future, is for it not enter into important written agreements to bind its clients and suppliers, to mention a few. We are professional legal drafters of: Sale Agreements; Lease Agreements; Service Agreements; Non-disclosure agreements; and Other business Contracts.Drafting of Employment Contracts
As stated by the business legal expert, contracts can be tailored accordingly in a manner that best reflects the needs of your business. All businesses are unique, and therefore require customized employment contracts. Furthermore, with the stringent employment laws, it is more important now than ever to ensure that all your employment contracts are legally sound. The last thing your business needs is for a disgruntled employee to take you to the CCMA or the labor court. Speak to us today. For more on business legislation compliance and legal drafting, find out more about the business legal services we offer. We offer the following business legal services that could be of help for your business:- Business Legal Support
- Business Legislation Compliance
- Drafting of Business Contacts
- Drafting Employment Contacts
- Business Legal Training
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- Business Trusts Registration
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Family legal consultancy – divorce matters
With extensive experience in family legal matters, we have found divorce, child custody and child maintenance to be the most commonly dealt with legal matters. By observing its popular demand for effective legal services, we have compiled easily accessible legal pieces containing free, expert legal advice for your convenience. See the links below and enjoy:- 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 parent?
- 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 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
Professional drafting of your business agreements and contracts First of all, running a business requires its own set of expertise and guts – we admire your courage and we understand that it’s not easy. However, a business person can in no way act as a legal expert when it comes Continue Reading