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 East London? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling Continue Reading
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Odendaalsrus.
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 Odendaalsrus
Whether you claim child maintenance in Odendaalsrus, 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 Odendaalsrus.
The maintenance scenario – Odendaalsrus 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 Odendaalsrus
- The child is cared for by the mother who works in Odendaalsrus
- 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 Odendaalsrus
- 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 Odendaalsrus, it would be the maintenance court in Odendaalsrus. 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 Odendaalsrus, 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 Odendaalsrus Maintenance Court?
Once you have been notified of the maintenance court date by the Odendaalsrus 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 Odendaalsrus?
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 Odendaalsrus 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 Odendaalsrus 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, Odendaalsrus, 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 Odendaalsrus. 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 Parys.
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 Parys
Whether you claim child maintenance in Parys, 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 Parys.
The maintenance scenario – Parys 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 Parys
- The child is cared for by the mother who works in Parys
- 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 Parys
- 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 Parys, it would be the maintenance court in Parys. 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 Parys, 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 Parys Maintenance Court?
Once you have been notified of the maintenance court date by the Parys 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 Parys?
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 Parys 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 Parys 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, Parys, 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 Parys. 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 Boksburg.
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 Boksburg
Whether you claim child maintenance in Boksburg, 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 Boksburg.
The maintenance scenario – Boksburg 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 Boksburg
- The child is cared for by the mother who works in Boksburg
- 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 Boksburg
- 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 Boksburg, it would be the maintenance court in Boksburg. 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 Boksburg, 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 Boksburg Maintenance Court?
Once you have been notified of the maintenance court date by the Boksburg 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 Boksburg?
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 Boksburg 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 Boksburg 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, Boksburg, 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 Boksburg. 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 Port Nolloth.
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 Port Nolloth
Whether you claim child maintenance in Port Nolloth, 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 Port Nolloth.
The maintenance scenario – Port Nolloth 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 Port Nolloth
- The child is cared for by the mother who works in Port Nolloth
- 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 Port Nolloth
- 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 Port Nolloth, it would be the maintenance court in Port Nolloth. 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 Port Nolloth, 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 Port Nolloth Maintenance Court?
Once you have been notified of the maintenance court date by the Port Nolloth 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 Port Nolloth?
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 Port Nolloth 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 Port Nolloth 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, Port Nolloth, 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 Port Nolloth. 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 Continue Reading
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Stellenbosch.
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 Stellenbosch
Whether you claim child maintenance in Stellenbosch, 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 Stellenbosch.
The maintenance scenario – Stellenbosch 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 Stellenbosch
- The child is cared for by the mother who works in Stellenbosch
- 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 Stellenbosch
- 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 Stellenbosch, it would be the maintenance court in Stellenbosch. 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 Stellenbosch, 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 Stellenbosch Maintenance Court?
Once you have been notified of the maintenance court date by the Stellenbosch 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 Stellenbosch?
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 Stellenbosch 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 Stellenbosch 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, Stellenbosch, 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 Stellenbosch. 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
People going through divorces have many questions. Some we can expect, and others are very surprising. Read on to learn more about divorces and the questions people ask.
How much does a divorce cost in South Africa?
The cost of a divorce varies from case to case and client to client. If a divorce is undefended or agreed upon, then the cost would be significantly low. However, should the divorce be contested where the parties cannot agree on the terms of the divorce, then, under those circumstances, the ultimate cost can be very high. Factors to consider would be how many issues there are to be resolved, the number of court days required, and preparation time. In the end, the more time that is spent on a divorce matter by lawyers, the more it would cost the client.Where can I get free legal advice on divorce in South Africa?
There are many places where a person may obtain legal advice on divorces in South Africa. Some places offer free initial consultations. Then there are places like the Legal Aid Board or a Legal Resources Centre that would be of assistance at no charge or a minimal fee. There are also non-governmental organisations and University law clinics that would advise you on a divorce matter at no charge.What’s the cheapest divorce cost?
There is no need to make use of the services of a lawyer to attend to your divorce. A person is allowed to attend to his or her divorce in South Africa on his or her own. The only cost one may incur is Sheriff fees. On the other hand, there are businesses that charge a very low fee that would assist you in finalising your divorce. This fee may only relate to the drafting of the court documentation.Who is the best divorce lawyer in South Africa?
It would be hard to say who is the best divorce lawyer in South Africa. As lawyers’ practice in various cities and provinces, it may be best to find out which law firms specialise in divorce matters in your area and therefore be able to provide you with quality and reliable legal services. As each legal matter and client is different, so too would the experiences of lawyers differ. At the end of the day, you would seek a legal representative that has the necessary expertise and knowledge on family law and able to assist you with your legal problem. If the legal practitioner has the time and the willingness to assist you in getting what you are entitled to, then in our view such a lawyer would be the best lawyer for you under the circumstances.What are the four main stages of a divorce?
- Drafting of the summons and having it issued and served;
- Filing a plea with or without a counterclaim;
- Preparation for the court hearing; and
- Trial.
Who pays for a divorce?
The parties usually pay for their own divorce. The majority of the cost goes to the lawyer. However, the court can order that one party pays for the other party’s costs after the divorce is finalised.How can I pay my lawyer with no money?
If you do not have money to pay a lawyer for his or her legal services upfront, you may find out from the lawyer whether or not you may enter into a payment arrangement. The payment arrangement could mean that you pay the lawyer a small portion of the fees at the end of each month. If there is money that you would receive at the end of the divorce, for example, due to a pension payout, then under the circumstances, the lawyer may agree to be paid later. If you cannot afford to pay for legal services at all, it is suggested that you still approach the divorce court and ask them to assist you with your divorce or Direct you to a place that would be able to assist you pro bono.Who can I talk to for free divorce legal advice?
There are many places you can go to for advice on divorce matters. For the first point of call, we suggest the Legal Aid Board, or a Law Clinic or a Legal Resources Centre. You may also want to go online and search for places that provide free legal advice on divorces in South Africa.How can I talk to a divorce lawyer for free?
If you wish to consult with a lawyer who is a specialist in divorces, you may find one online that would not charge you for the initial consultation. Generally, the initial free consultation would be very short and used to ascertain whether or not the divorce lawyer would be of any assistance to you. Should you then proceed to make use of the services of a divorce lawyer, a fee would be applicable?How do you get a divorce if you have no money?
If you do not have any money it would be hard to obtain the services of a divorce lawyer at no fee. Some divorce lawyers may assist you in providing some legal advice. However, if you want a lawyer to take your matter further, you may have to consider organisations like the Legal Aid Board, Legal Resources Centre, or a law clinic. You may also want to consider searching online for law firms that do pro bono work.How many years do you have to be separated to be legally divorced in South Africa?
To be legally divorced from your spouse in South Africa, you require a decree of divorce given by a judge or magistrate at the court. If you are separated from your spouse for any number of years, you still remain married to him or her. Other than legally divorcing someone, the marriage is also terminated should one of the spouses pass away.How long does a divorce take on average?
If you and your spouse agree on the terms of your divorce, the divorce can be finalised in a matter of weeks. However, if the divorce is contested and there are a range of issues in dispute, the divorce can take many months or even years to finalise.How do I divorce my wife without losing everything?
What does a person leave with at the end of a divorce would depend upon the matrimonial property regime he or she entered into when getting married. If the couple was married in community of property, then at the divorce they would share equally in the division of the joint estate. If the couple were married out of community of property with the inclusion of the accrual regime, then in such a case they would share in half the difference of the accrual of their respective Estates. Therefore, should a couple decide to divorce they should spend as little money as possible on fighting over aspects of their marriage which the law already dealt with. For example, how assets should be divided at the dissolution of the marriage. It would be a total waste of time to argue over the property if at the end of the day the property would have to be sold and divided equally between the parties.Are there advantages to filing for divorce first?
There could be certain strategic advantages in filing for divorce first. However, it would depend on the specific circumstances of the case. Usually, the party that initiates the divorce proceedings would be the one who would be responsible for finalising the divorce process. The same party who initiated divorce proceedings may spend a bit more in legal fees in finalising the divorce. However, on the whole, when the matter finally gets heard in court the party who initiated divorce proceedings will not be in a better position than the party defending it.What happens if I lose my job and can’t pay alimony?
If you lost your job and unable to pay alimony you should approach the court to have the maintenance order reduced or set aside. The court would, however, look at various factors, these include your ability to obtain an income and also your assets. 
How long can a couple be separated?
A couple may be separated for any amount of time. A long period of separation could signify the irretrievable breakdown of the marriage.Does it matter who files for divorce first in South Africa?
No, it does not matter who files for a divorce in South Africa. The outcome would largely be the same.Is adultery illegal in South Africa?
For something to be illegal, it should have been criminalised. Adultery is not a crime in South Africa. In relation to divorces, if a party has committed adultery, it is a reason for a divorce.What a woman should ask for in a divorce settlement?
There are various things a party may ask for in a divorce settlement. This is so whether or not you are a male or a female. However, if you are a female and you are not self-supportive, then it is suggested that you ask for alimony or personal maintenance in your divorce settlement. If you are on your spouse’s medical aid scheme, we suggest that you ask that you continue to remain on your spouse’s medical aid scheme after the divorce.What if my husband filed for divorce first?
In principle, there is no difference whether or not a wife or a husband files for divorce first. If the marriage has broken down irretrievably, then the sooner a spouse can Institute divorce proceedings, the sooner the divorce can be finalised.What can you not do when getting a divorce?
Once a couple divorced, they are no longer married. Therefore, they may remarry immediately and move on with their lives. They can purchase property go into debt and so on without the consent of their former spouse. Therefore, unless the divorce order says otherwise, a divorced spouse may do anything lawfully which he or she could have done before he or she initially got married.What is the wife entitled to in a divorce in South Africa?
There is no specific legal provision in our law that affords a wife something after a divorce. However, what a spouse usually claim if there is a case for it is alimony or personal maintenance after the divorce. If the wife is the one who will have custody over the minor children after the divorce, she may claim child maintenance and related expenses.Is spousal maintenance mandatory in South Africa?
Spousal maintenance or alimony is not mandatory in South Africa. If a spouse wants to claim spousal maintenance or alimony, he or she must prove to the court that he or she is entitled to it.Can you date while separated in South Africa?
In South Africa, the law does not prohibit one spouse from dating another person after they have been separated.Do I get half of my husband’s pension in a divorce?
A spouse would share in the pension of the other spouse if they were married in community of property. If the parties were married out of community of property with the inclusion of the accrual regime, then in such a case he or she would be entitled to a portion of the pension when calculating the accrual.How do I divorce my wife and keep everything?
The only way in which a spouse can divorce the other spouse and keep everything he or she owns is if they were married to each other out of community of property with the exclusion of the accrual regime. If that was not the case, they would have to share in either the Joint Estate or accrual.What are the rights of a woman after a divorce?
A spouse’s rights after the divorce would be based upon the divorce decree. If the divorce decree does not stipulate anything other than a decree of divorce, then such a spouse would not have any rights against the other spouse except for that regarding minor children. If the court made an order regarding personal maintenance or alimony then that specific rights would be standing.Who gets the house in divorce South Africa?
If the house belongs to the joint estate, the couple can agree that it goes to a specific spouse. However, if they cannot agree, then the house would have to be sold and the proceeds divided equally.Is South Africa a mother or father state when it comes to child custody?
There is no preference for a mother or father when it comes to a divorce. What the court looks at is what is best for the children.Can a wife take everything in a divorce?
It is possible if the parties agree to it. If not, then one would have to look at the principles applicable to their matrimonial property regime. How do I protect myself financially from my spouse before getting married?
You would have to ensure that you get married out of community of property. You may consider getting married with the accrual regime or without.How can I hide money from my husband?
If you are married in community of property, you and your husband would own half shares of everything. This includes debt.Can you kick your spouse out of the house in South Africa?
No, you cannot. However, you may approach a court of law should there be domestic violence. In such a case, the court may order that the spouse move out.Who qualifies for alimony in South Africa?
A spouse that does not have an income and that has always been supported by the other spouse may qualify.Does adultery affect divorce in South Africa?
It is grounds for divorce if it broke down the marriage.Is a sexless marriage normal?
It depends on the stage of the marriage and the age of the couple. You would need to go for marriage counselling. The counsellor would speak to both you and your spouse and see what the problems are and try to assist you in resolving it. It is important that the couple partakes in meaningful communications and counselling. If one or both of the parties are not interested in resolving the issue, then it is sure to fail.How do husbands hide money before divorce?
One way is to let another person keep it.How can you prove someone is hiding their income?
You would have to have documentary proof. If the matter is at court, then you can subpoena the employer.Why would a man stay in a sexless marriage?
If there is love and a bond beyond sex. You would need to go for marriage counselling. The counsellor would speak to both you and your spouse and see what the problems are and try to assist you in resolving it. It is important that the couple partakes in meaningful communications and counselling. If one or both of the parties are not interested in resolving the issue, then it is sure to fail.How do you stay faithful in a sexless marriage?
That is up to you. You need to speak to your spouse about the issue and if necessary, seek professional advice. You would need to go for marriage counselling. The counsellor would speak to both you and your spouse and see what the problems are and try to assist you in resolving it. It is important that the couple partakes in meaningful communications and counselling. If one or both of the parties are not interested in resolving the issue, then it is sure to fail.Can a marriage survive without intimacy?
It would depend on the married couple. However, intimacy is an important aspect of a marriage. You would need to go for marriage counselling. The counsellor would speak to both you and your spouse and see what the problems are and try to assist you in resolving it. It is important that the couple partakes in meaningful communications and counselling. If one or both of the parties are not interested in resolving the issue, then it is sure to fail.Is once a month a sexless marriage?
You would need to go for marriage counselling. The counsellor would speak to both you and your spouse and see what the problems are and try to assist you in resolving it. It is important that the couple partakes in meaningful communications and counselling. If one or both of the parties are not interested in resolving the issue, then it is sure to fail.What age does a man stop being sexually active?
You would need to seek medical advice. It would depend on various factors. The health of the parties and also external factors. For example, work issues, or family trauma and so on.How do you fix a sexless marriage?
You would need to go for marriage counselling. The counsellor would speak to both you and your spouse and see what the problems are and try to assist you in resolving it. It is important that the couple partakes in meaningful communications and counselling. If one or both of the parties are not interested in resolving the issue, then it is sure to fail.How can I save my wife’s house?
You have to pay the bond and all expenses.What if my wife doesn’t want a divorce?
If your spouse does not want a divorce, the court can still grant it if the marriage broke down.What are my rights in a divorce?
Your right in the divorce would be to obtain any funds you are entitled to base on your matrimonial property regime as well as alimony if you are entitled to it. How is spousal support calculated in South Africa?
To determine the amount of spousal support, one would need to look at the expenses of the spouse claiming alimony and the income and assets of the party paying the alimony.How is debt divided in a divorce in South Africa?
If the parties were married to each other in community of property, they both would be responsible for the debt in equal shares. A creditor may, however, proceed against any of the spouses for the Dead and the specific spouse who paid it may claim half the debt from the other spouse.Who pays attorney fees in divorce in South Africa?
A party to divorce proceedings will have to pay for his or her attorney fees.What is considered an unfit parent in South Africa?
In short, an unfit parent is a parent who unreasonably neglects the child.What is considered legally separated in South Africa?
In South Africa, the only form of dissolution of a marriage is done via a divorce. Therefore, for a couple to be legally separated, they need to obtain a decree of divorce from the court.Can you go to jail if you don’t pay alimony?
Yes, someone can go to jail if he or she refuses to pay alimony in terms of a court order. However due process first has to follow.Is not paying alimony a crime?
If the divorce court ordered you to pay alimony or personal maintenance to your former spouse and you failed to do so, you are committing a criminal offence.How do you know if a divorce is final?
A divorce is only final once a judge granted a decree of divorce. This you can ascertain by visiting the divorce court and asking them to provide you with the contents of the divorce file.How much does the average divorce lawyer cost?
Divorce lawyer fees vary from city to city and based upon their legal experiences. You may find a junior divorce lawyer charging a fee of R 500 per hour and a senior divorce lawyer charging a fee in excess of R 2000 – 00. It all depends on the lawyer and his or her years of experience and the complication of your case.What happens when a divorce is filed?
From a legal point of view when one party files for a divorce everything that usually applies for the marriage still continues. The only time where they are legal consequences is when a court makes such an order. Therefore, even if one party instituted divorce for the seedings it does not mean a spouse can disregard their matrimonial property regime or get married to someone else.How do I leave my husband without a divorce?
In South Africa, a divorce is the only manner in which to end a marriage. If you and your spouse are separated even for a very long time you are still married to each other. Therefore, either spouse may marry another person. Moreover, if both parties are no longer interested in remaining married, then, under those circumstances, it is advised that they seek a divorce decree.How do you bounce back financially after a divorce?
It is important that once a party decided to divorce, he or she needs to think about life post the divorce sooner than later. Therefore, a party should not wait until he or she is divorced before looking for work or trying to financially secure him or her.Should I file for divorce or let him?
If the marriage has broken down irretrievably and there are no prospects of the restoration of a normal marital relationship, then we advise you to proceed with divorce proceedings as soon as possible.
People going through divorces have many questions. Some we can expect, and others are very surprising. Read on to learn more about divorces and the questions people ask. How much does a divorce cost in South Africa? The cost of a divorce varies from case to case and client to Continue Reading
Child custody disputes during the Covid-19 pandemic and the Lockdown – What impact did the National Lockdown have on it?
With three months into the national lockdown, no one will dispute that it had a profound effect on all aspects of daily life. The same would apply to marriages, family relations and co-parenting to mention a few. A lot has been written on the topic of the movement of children during the lockdown. At the start of the lockdown, the movement of children was prohibited. The child had to remain with the parent with whom he or she was with at the start of the lockdown. A few weeks into the lockdown, things changed. Children could move between parents if there were a court order, parental rights and responsibilities agreement or parenting plan registered with the office of the family advocate. Later, things further developed where the magistrate’s permit came into play. Read more above the changes to the regulations over time by clicking on this link. You would find an extensive overview of the history of the movement of children during the lockdown.Have child custody disputes increased three months after the start of the lockdown?
One would be a fool to say that all things are the same three months after the lockdown when it comes to parental problems. At the start of the lockdown, Our Lawyer (Pty) Ltd received a lot of queries regarding regulations concerning the movement of children. This was so especially during the first few weeks. However, looking at various analytics, including the number of queries received on its blogs, and email and telephone queries, it would seem that the numbers have not increased much if any. This is a broad assumption, and not based on any empirical data. Those numbers are in contrast to that of child maintenance disputes which have always been high during the lockdown.What can be said about this assumed drop in numbers?
Considering the Covid-19 pandemic, and its associated lockdown, children and parents were at home for an extremely long time. Many children are still at home and some parents did not go back to work. Furthermore, many nannies are not there to assist. During times like these, parents would set aside their differences and find common ground. If a parent decided not to allow the other parent contact, it would mean that he or she would have to care for the child the entire day and night for very long periods. This is so as the child would not be attending school and would have to be cared for and entertained the entire day. This is not only exhausting but expensive as well.Moving forward during the lockdown
Although the economy is slowly spinning its wheels, and children are returning to school, now more than ever, parents must work together for the sake of their children, and their own sake. With jobs being lost and money being scarce, personal differences need to be put aside and the situation needs to be looked at clearly and rationally. It would be hard for a parent to care for a child alone during the lockdown, especially if there is assistance available. Having said that, parents should continue to adequately maintain their children during this period, and ensure that all their basic needs are met. 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
Child custody disputes during the Covid-19 pandemic and the Lockdown – What impact did the National Lockdown have on it? With three months into the national lockdown, no one will dispute that it had a profound effect on all aspects of daily life. The same would apply to marriages, family Continue Reading
The role of a facilitator in family matters regarding children – Should he or she make legally binding decisions or directives?
When parties divorce or they approached a court of law to resolve a dispute regarding a minor child, it was customary for them to appoint a facilitator should they settle the matter. Specific clauses would be inserted into consent papers and settlement agreements which the parties sign and is made an order of Court. The clauses would basically state that the parties appoint a facilitator to resolve disputes regarding the minor child and that the facilitator has certain authority and powers. Such disputes could range from one-party wanting more contact with the child or disputes regarding aspects of education, for example, which school the child goes to, or aspects regarding extramural activities. At the end of this article you would find an example of a facilitator clause. A facilitator should be a suitably qualified person. He or she does not necessarily have to be a clinical psychologist, social worker or a lawyer. He or she should be somebody that knows family law, understands the family dynamics and is skilled in resolving issues between parties. It is therefore very important that the parties appoint a facilitator that they would feel comfortable with and one that will be compatible with their family situation.Facilitator’s Power
It would often happen that the parties cannot resolve a dispute amicably through a facilitator. In such a case, a decision will have to be made. The facilitator would then have to issue a directive. In other words, make a firm and binding decision for the parties. A further clause would then usually be inserted into the consent paper stating that the facilitator’s directive would be binding upon the parties as if it was an order of the court. The directive of the facilitator would then remain binding upon the parties unless a court of competent jurisdiction orders otherwise. It is this latter aspect that this article deals with. Introduction of the Facilitation Clause
Based on our history with family law matters, this specific facilitation clause came about in or about 2008, a short while after the Children’s Act came into operation. It was then customary for parties to insert this facilitation clause as a matter of course. In our experience, the family advocate’s office would insist that such a clause be inserted and furthermore the courts would have no issue therewith. Limiting the power of the Facilitator
What has now happened since 2018, in the Western Cape at least, was that certain judges started having an issue with the fact that a facilitator had the authority of making binding decisions on the parties which had the effect of an order of Court. In other words, due to the clause stating, that the facilitator’s directive would be binding upon the parties as if it was an order of Court; certain judges began to question such authority. The court’s reasoning
Basically, the court’s reasoning is how could judicial authority be delegated to a third party? Taking it one step back when, the courts in the past made an order incorporating the settlement agreement, which had a clause therein authorising the facilitator to make binding directives; it basically gave judicial authority to the facilitator. In other words, the facilitator had the authority of a Judge. What has now become a practice, should a facilitation clause be inserted into a settlement agreement, the office of the Family Advocate of Cape Town, at least, would endorse the Consent Paper or Settlement, Agreement but also direct the Court to determine whether or not the parties understand the role of the facilitator and that they would be responsible for the cost associated therewith. The Family Advocates Reasoning
There could be many reasons why the Family Advocate is directing the parties to advise the court whether or not they understand the role of the facilitator. One such reason could be that they do not want parties to come to them to facilitate disputes and issues that might arise. And of course, the other reason could be due to the court judgments that recently stated that a court can’t delegate its authority to a facilitator. In our view, asking a party in court, whether or not they understand the role of a facilitator, and that they will be responsible for the cost thereof is unnecessary. The party would say that they understand the role and that they are responsible for the cost thereof. What value that has in the case of a dispute arising in the future is very little. The future role of the facilitator
Going forward, we still recommend that a facilitation clause be inserted in settlement agreements and consent papers. We further agree that a Court cannot delegate its judicial authority to a third party, unless in exceptional circumstances. However, at the same time, we feel that the facilitator could play a crucial role in resolving disputes between the parties. Having said that, the parties need to discuss whether or not they would require a facilitator, and in the event they do, they should specifically outline the role of their intended facilitator in the consent paper or settlement agreement.An example of a neutral facilitation clause
- FACILITATOR
- 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);
- 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.
Introduction of the Facilitation Clause- 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);
- 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.
The role of a facilitator in family matters regarding children – Should he or she make legally binding decisions or directives? When parties divorce or they approached a court of law to resolve a dispute regarding a minor child, it was customary for them to appoint a facilitator should they Continue Reading
Father’s Rights – Child Custody, Child Maintenance and Divorce
Our law offices is a family legal consultancy that deals with family legal matters. We have single fathers walking into our offices on a regular basis, asking about their legal rights regarding their children. It is by no surprise that many mothers deprive the kids from seeing their father – this is sometimes done out of spite. It is however, sad to watch how the children are often used as battle grounds. We have compiled a range of online legal articles that explains the rights of fathers. These online articles contain free, expert legal advice compiled by the legal expert himself:- Child custody visitation access- questions and answers
- Child custody frequently asked questions
- Father refused contact to his child. What are his rights?
- Father’s parental responsibilities and rights to his child.
- How do I get full custody over my child?
- Parental child abuse in custody cases- Cape Town
- What does it mean when you have primary residential custody?
- What happens in a case custody dispute when one parent is mentally ill?
Feel free to call our law offices on 021 424 3487 today, for an online appointment for a professional legal consultation today!Stripping a father from his right to see or visit his child due to inadequate or no child support
This is fairly common in many situations we’ve encountered at our law offices, to find mothers keeping the child from the father due to no, or inadequate child maintenance. Because of this, the legal expert himself makes mention of this mistake. He states that: Child support is the right of the child. And every child should obtain adequate child support from both his or her parents. However, if a parent does not pay child support, that is no reason alone to refuse him contact. Or, should he pay more child support, he would receive more contact. Maybe there are legitimate reasons why he cannot pay child support or the amount the parent wants. Maybe what the mother is claiming is excessive etc. Be that as it may, if a parent does not pay child support, the maintenance court should be approached for assistance. Should a parent refuse the other parent contact to his or her child due to not paying child support, notwithstanding the non-paying parent having parental responsibilities and rights to have contact with that child, the refusing parent is clearly showing a disregard for the law and what is in the minor child’s best interests. Do feel free to read more on this topic on How to win your child custody and child access court case – Tips and Tricks Feel free to call our law offices on 021 424 3487 today, for an online appointment for a professional legal consultation today!Can a father gain full Child Custody over a child?
According to the law, this is highly possible. Of course, this will depend upon a number of factors before the court decides what, or rather in whose care is the child most safe. However, let’s take a look at what our legal expert says about this: The terms used to refer to the rights and responsibilities of parents to their children are referred to as “parental responsibilities and rights”. Parental responsibilities and rights are defined in the Children’s Act. Section 18 of the Children’s Act of 38 2005 (the Children’s Act) states the following:
18. (1) A person may have either full or specific parental responsibilities and rights in respect of a child.
(2) The parental responsibilities and rights that a person may have in respect of a
child, include the responsibility and the right-
(a) to care for the child;
(b) to maintain contact with the child;
(c) to act as guardian of the child; and
(d) to contribute to the maintenance of the child. Learn more about how you can gain full custody of your child . It is however, suffice to mention that our online appointment system allows the layperson to effortless make an online appointment. The creators of this website has ensured that the website is user friendly. In doing so, we have made this website mobile friendly, efficient and fast for your convenience. Feel free to call our law offices on 021 424 3487 today, for an online appointment for a professional legal consultation today!Parental Rights in South Africa
The court can grant an order that can limit parental responsibilities and rights, depending on the nature or circumstance of the matter of course. However, when the court does make these changes, they will consider what’s in the child’s best interests. When terminating parental responsibilities and rights, the court will:- What is best for the child rather than parents
- The relationship between the child and guardian
- The dedication the guardian has shown to taking care of the child and
- Other factors that may be relevant to the court.
For more on your parental rights and child custody legal advice, call our law offices today and have an online appointment made for you for a professional legal consultation. Connect with us today! There are certain concerns our single fathers face and therefore, we have put together well thought out, free expert advice articles that can help you put things into perspective. Simply click on the links below:- Child custody visitation access- questions and answers
- Child custody frequently asked questions
- Father refused contact to his child. What are his rights?
- Father’s parental responsibilities and rights to his child.
- How do I get full custody over my child?
- Parental child abuse in custody cases- Cape Town
- What does it mean when you have primary residential custody?
- What happens in a case custody dispute when one parent is mentally ill?
For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!
Father’s Rights – Child Custody, Child Maintenance and Divorce Our law offices is a family legal consultancy that deals with family legal matters. We have single fathers walking into our offices on a regular basis, asking about their legal rights regarding their children. It is by no surprise that many Continue Reading