Business support and business legal advice Get to know more about our legal operation and enjoy our online appointment system for businesses and family legal expert advice. We offer business legal support and legal guidance where necessary for your convenience. Would you like some legal guidance on how to go Continue Reading
Free Legal Advice on Family Law and Related Topics
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Our location[/caption] Legal services can be very expensive. However, if you know how to move around the web, you can easily find free resources. If you are in search of family law related legal services and advice, you are at the right place. We are a legal consultancy based in the Western Cape. Our services comprise of various family law and other legal fields. Should you require any family law legal advice or services, click on the various links on this website.Our Family Law Clients
We firmly believe in family relations and the need to protect and enforce it when necessary. Therefore, proper workable legal advice must always be provided. This we strive to ensure. Although we are based in Cape Town, we offer legal advice and legal services to clients throughout South Africa. This we do as we believe in providing high-quality legal services to everyone who requires it. 
Free Family Law Resources
If you require any of the following free resources, feel free to order them.- A Free Basic Will Tool Kit
- Free Shariah Will Template
- A Free Divorce Starter Tool Kit
- Free Child Maintenance Calculator
- A Free DIY Urgent Child Contact Toolkit
- Urgent Holiday Contact Toolkit
If you are in search of family law articles, view some of them below.
Child Maintenance
- How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
- Child Maintenance Question. How much should I pay or contribute as a 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 Custody
- The Law Regarding Children – The Children’s Act 38 of 2005
- How do I get full custody over my child?
- Parental Child Abuse in Custody Cases
- Relocate with minor child. Parent Refusing Consent for a Passport
- Father being refused contact to his child! What are his rights as a Father?
- Father’s Parental Responsibilities and Rights to his Child
- Urgent Access to your Children without a Lawyer
- Parenting Plans and the Law
- What happens in a custody dispute where one parent is mentally ill?
- How to win your child custody and access court case – Tips and Tricks
Divorce & Property
- How to Change your Matrimonial Property Regime
- Do your own Unopposed Divorce. No lawyers needed and its Free.
- Parental Rights of Divorced Muslim parents after a Talaq or Faskh
- Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
Domestic Violence
- I’m in a physically and emotionally abusive relationship. Help from Abuse.
- How to make a Domestic Violence Application
Frequently asked questions
- Child Custody – Frequently Asked Questions
- Child Maintenance – Frequently Asked Questions
- Divorce – Frequently Asked Questions
Have a family Law appointment with us
We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option).
You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today.
If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal. Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more. Visit our child custody and maintenance site for additional information. 
Free Legal Advice on Family Law and Related Topics Legal services can be very expensive. However, if you know how to move around the web, you can easily find free resources. If you are in search of family law related legal services and advice, you are at the right place. Continue Reading
Frequently Asked Questions on Child Custody – Cape Town
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Advocate Muhammad Abduroaf – Advocate of the High Court South Africa[/caption] We hold a wealth of knowledge on family legal matters, in relation to South African law. This includes issues and questions surrounding child custody, divorce and child maintenance. Feel free to browse through the question and answers below. Should you not find the answer to a child custody question you are looking for, feel free to post your divorce question here. For more questions on child custody, visit this page.Can you change the baby’s last name without the father’s consent?
No, you require his consent. If he does not want to give consent, then you may approach a court of law. This answer is based on the presumption that the father has parental responsibilities and rights over the child.Do I have parental rights if I am not on the birth certificate?
Yes, it is possible that you have.How do you change your last name on your birth certificate?
You need to apply to the Department of Home Affairs.How do I apply for child maintenance in South Africa?
You should approach the maintenance court.Can you change your child’s surname?
Yes, you can. Both parents should consent.How do I change my child’s surname in South Africa?
You need to apply to the Department of Home Affairs.How much is the basic rate of child maintenance?
There is no basic rate. It depends on the income and expenses of both parents and the needs of the child.What are your rights as a father?
To form part of the child’s life.Can you put your baby up for adoption without the father’s consent?
No, you cannot.Can a mother keep the child away from the father?
She may only with very good reason.Can a father take a child away from its mother?
He may only do so for a very good reason and in the child’s best interests.Can a mother give up her parental rights?
Yes, she can.What age do you stop paying child maintenance?
18. This is when the child is an adult.What makes a child legitimate?
If both parents were married when the child was born or after. However, the term legitimate and illegitimate is frowned upon.How do I get sole legal custody of my child?
You need to apply to the court.Can you get child support if the father’s name is not on the birth certificate?
Yes, you can.Can a parent take a child away from the other parent?
Only if it is truly in the child’s best interests.Can you get child support if you have joint custody?
Yes, you can.Can a parent take a child out of South Africa without permission of the other parent?
No, a parent cannot.Can a mother take the child from the father?
No, she may not. If she does, she would have to have a valid reason.What is considered parental kidnapping?
If a parent takes the child from the primary caregiver without his or her permission.Can a police officer enforce a child custody order?
They may if ordered to.What are your rights as a father?
To form part of a child’s life.Who has custody of a child when the parents are not married?
Both parent if they form part of the child’s life. This is on condition that they both hold parental responsibilities and rights. In short, if they meaningfully partook in the child’s life, they hold parental responsibilities and rights.Can you change the baby’s last name without the father’s consent?
No, you require both parent’s consent. This is especially so if both parents are holders of parental responsibilities and rights over the child.Do I have parental rights if I am not on the birth certificate?
Yes, you do. If you meaningfully partook in the child’s life you have those rights. Here we refer to paying child support or proving support. We are also referring to you spending time with the child.How do you change your last name on your birth certificate?
You apply to Home Affairs. Both parents have to give consent if they are co-holders of parental responsibilities and rights. If they do not give consent, then a court application has to be lodged.How do I apply for child maintenance in South Africa?
You approach the maintenance court. There is a maintenance court in every magisterial jurisdiction in South Africa. You should approach on where you and the child resides, or where you work.What is visitation rights?
The right to see your child or have contact with him or her. Visitation rights are usually every second weekend and during school holidays.What rights does a father have to a child born out of wedlock?
To form part of the child’s life. In other words, the same rights as a father of a child born in wedlock. This is of course on condition that he meaningfully formed part of the child’s life since birth.How can a father get custody of his child?
He should apply to the court. The court would look into what is in the child’s best interests.What percentage of mothers get custody?
Mother’s are usually the primary caregivers of young children.How do you get custody of a child without a lawyer?
You can approach the court yourself.What is an unfit mother?
A mother who does not act in the child’s best interests.Can a mother keep the child away from the father?
No, she may not. If the mother does that, the father can enforce his rights by approaching a competent court.How do you apply for full custody of a child?
You approach the court. You may approach the Children’s Court or the High Court.What percentage of fathers get custody?
A large amount. Each case has its own merits.What are your rights as a father?
To form part of a child’s life. He also has responsibilities to care and guide the child.Can you change your child’s surname?
Yes, you can. However, you require the consent of both parent’s holding parental responsibilities and rights.How does a judge determine custody of a child?
The judge looks at what is in the best interests of the child. There is no pre-determined preference for the father or mother.How can you get custody of your child?
You should apply to the court. The court would listen to both parents and decide what is best for the child.What is full custody of a child?
Full custody means that you fully care for the child.How much is the basic rate of child maintenance?
There is no basic rate. It depends on the specific circumstances of each case. You look at what the parent’s earn and the needs of the children.Can a mother take her child away from the father?
She may only do that if it is in the child’s best interests. However, she may not go against a court order. If there is a court order in place, she would have to apply to have it varied.Can a parent take a child away from the other parent?
No, a parent may not do so. If there is a court order in place, such order must first be changed.How do I change my child’s surname in South Africa?
You need to apply at the Department of Home Affairs. Both parents should give consent. If consent is unreasonably withheld, a court application must be lodged.How do you file for full custody of your child in Cape Town, South Africa?
You may approach the High Court of the Children’s Court. Each court has a different procedure.What is joint custody with primary residence?
Joint custody means both parents have equal say in the child’s life and care for the child in that manner. Primary residence is where the child primarily resides. If the child lives with the father during the week, and only sees the mother on weekends, then his home is the primary residence.What does it mean to have full custody?
The means that the child’ is cared for by only one parent who has full custody.What is the difference between full and sole custody?
It means the same thing. However, full custody may also mean join custody. It all depends on the context.Can you get custody of a child that’s not yours?
Yes, you can. You would need to apply to the court for such rights. You may apply to the High Court or the Children’s Court.Who has custody of a child when the parents are not married?
By default the mother. However, the father acquires such rights if he forms part of the child’s life.What rights does a mother have to her child?
A mother has full parental responsibilities and rights over her child.Can you get sole custody and child support?
Yes, you can. They two are separate matters.What does it mean to be the primary custodial parent?
It means the child is primarily cared for by that parent.What is partial child custody?
It means that you do not care for the child all the time.What is the meaning of joint custody?
Joint custody is where both parents care for the child.What is the difference between legal and physical custody?
Legal would mean based on a court order or the law. Physical would mean what actually takes place.
Frequently Asked Questions on Child Custody – Cape Town We hold a wealth of knowledge on family legal matters, in relation to South African law. This includes issues and questions surrounding child custody, divorce and child maintenance. Feel free to browse through the question and answers below. Should you not Continue Reading
Child Maintenance / Support Questions and Answers
Our Lawyer (Pty) Ltd introduced this Child Maintenance / Support Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know how much child maintenance to claim, pose a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Child Maintenance / Support, please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledge base. Therefore, although we a are legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share in our knowledge of Child Maintenance / Support.Want to know more about Rule 43 Applications in the High Court and Rule 58 Applications in the Magistrates' Court? Click here.
Other family law resources on this website
There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you with whatever questions you have, or information you require on Child Maintenance / Support. Therefore, after posting your question, or any time after, have a look at the useful resources and information on our website. Some of these resources are listed hereafter.Articles and Q&A
There are a range of legal articles on this website dealing with various family law issues. Some of these articles are straight forward, outlining the legal position on a family law related topic. For example, how to apply for child maintenance, or how to get divorced. Other articles are written in the form of answering a specific legal question. For example, do I pay maintenance if I am unemployed, or what do I do if I want to leave the country with my child, and the other parent does not want to provide consent? Those articles are in blog format. This means that you are welcome to comment or pose questions to increase our knowledge base. The clear idea behind our website is that we want to make family law legal information more accessible and available to the public.Downloadable resources
We created some downloadable resources for free on this website. They are: 1 Free Basic Will Tool Kit 2. Free Shariah Will Template 3. Free Divorce Starter Tool Kit 4. Free Child Maintenance Calculator 5. Free DIY Urgent Child Contact Toolkit Feel free to download these useful resources. Click on the links above, and complete the online purchase process. The purchase price is R 0. Thereafter, a downloadable link would be emailed to you. Once you received the email, download it as soon as possible as the link would expire after two months. We hope that we assisted you with any queries you had on Child Maintenance / Support. If not, feel free to arrange a consultation with us.
Sharing is Caring
If you find any of our articles and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal.
Child Maintenance / Support Questions and Answers Our Lawyer (Pty) Ltd introduced this Child Maintenance / Support Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know how much child maintenance to claim, pose a question with some Continue Reading
ABC Steps to Appealing to the Constitutional Court of South Africa
If you are unhappy with a Court’s decision, you have a right to take the decision on appeal. Section 2 of the Constitution of the Republic of South Africa (Act 108 of 1996) states: This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled. Therefore, any act of parliament (e.g. Legislation) or decision of the government must be in conformity with the rights and obligations entrenched in our Constitution. In South Africa, we have the Constitutional Court. This is stated in Section 166 of our Constitution. Section 167 of the Constitution, with its subsections, states the following:- The Constitutional Court consists of the Chief Justice of South Africa, the Deputy Chief Justice and nine other judges.
- A matter before the Constitutional Court must be heard by at least eight judges.
- The Constitutional Court
- is the highest court of the Republic; and
- may decide
- constitutional matters; and
- any other matter, if the Constitutional Court grants leave to appeal on the grounds that the matter raises an arguable point of law of general public importance which ought to be considered by that Court; and
- makes the final decision whether a matter is within its jurisdiction.
- Only the Constitutional Court may
- decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state;
- decide on the constitutionality of any parliamentary or provincial Bill, but may do so only in the circumstances anticipated in section 79 or 121;
- decide applications envisaged in section 80 or 122;
- decide on the constitutionality of any amendment to the Constitution;
- decide that Parliament or the President has failed to fulfil a constitutional obligation; or
- certify a provincial constitution in terms of section 144.
- The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, the High Court if South Afirca, or a court of similar status, before that order has any force.
- National legislation or the rules of the Constitutional Court must allow a person, when it is in the interests of justice and with leave of the Constitutional Court
- to bring a matter directly to the Constitutional Court; or
- to appeal directly to the Constitutional Court from any other court.
- A constitutional matter includes any issue involving the interpretation, protection or enforcement of the Constitution.
Therefore, if you want to challenge a court’s decision on a Constitutional basis, the highest court you can go to is the Constitutional Court.How do I take a matter to the Constitutional Court?
The Constitutional Court has its own rules. Therein, you would find the procedure to follow when bringing a matter to the Constitutional Court. Constitutional Court Rule 19 deals with Appeals. It states the following:- Appeals
(1) The procedure set out in this rule shall be followed in an application for leave to appeal to the Court where a decision on a constitutional matter, other than an order of constitutional invalidity under section 172(2)(a) of the Constitution, has been given by any court including the Supreme Court of Appeal, and irrespective of whether the President has refused leave or special leave to appeal. (2) A litigant who is aggrieved by the decision of a court and who wishes to appeal against it directly to the Court on a constitutional matter shall, within 15 days of the order against which the appeal is sought to be brought and after giving notice to the other party or parties concerned, lodge with the Registrar an application for leave to appeal: Provided that where the President has refused leave to appeal the period prescribed in this rule shall run from the date of the order refusing leave. (3) An application referred to in subrule (2) shall be signed by the applicant or his or her legal representative and shall contain— (a) the decision against which the appeal is brought and the grounds upon which such decision is disputed; (b) a statement setting out clearly and succinctly the constitutional matter raised in the decision; and any other issues including issues that are alleged to be connected with a decision on the constitutional matter; (c) such supplementary information or argument as the applicant considers necessary to bring to the attention of the Court; and (d) a statement indicating whether the applicant has applied or intends to apply for leave or special leave to appeal to any other court, and if so— (i) which court; (ii) whether such application is conditional upon the application to the Court being refused; and (iii) the outcome of such application, if known at the time of the application to the Court. (4) (a) Within 10 days from the date upon which an application referred to in subrule (2) is lodged, the respondent or respondents may respond thereto in writing, indicating whether or not the application for leave to appeal is being opposed, and if so the grounds for such opposition. (b) The response shall be signed by the respondent or respondents or his or her or their legal representative. (5) (a) A respondent or respondents wishing to lodge a cross-appeal to the Court on a constitutional matter shall, within 10 days from the date upon which an application in subrule (2) is lodged, lodge with the Registrar an application for leave to cross-appeal. (b) The provisions of these rules with regard to appeals shall apply, with necessary modifications, to cross-appeals. (6) (a) The Court shall decide whether or not to grant the appellant leave to appeal. (b) Applications for leave to appeal may be dealt with summarily, without receiving oral or written argument other than that contained in the application itself. (c) The Court may order that the application for leave to appeal be set down for argument and direct that the written argument of the parties deal not only with the question whether the application for leave to appeal should be granted, but also with the merits of the dispute. The provisions of rule 20 shall, with necessary modifications, apply to the procedure to be followed in such procedures. As you would note, you should first obtain leave to appeal. Once that has been granted, you can then go ahead with the next steps.What is the procedure once leave to appeal has been granted?
Rule 20 of the Constitutional Court Rules deals with the Procedure on Appeal. It states:- Procedure on appeal
(1) If leave to appeal is given in terms of rule 19, the appellant shall note and prosecute the appeal as follows— (a) The appellant shall prepare and lodge the appeal record with the Registrar within such time as may be fixed by the Chief Justice in directions. (b) Subject to the provisions of subrule (1)(c) below, the appeal record shall consist of the judgment of the court from which the appeal is noted, together with all the documentation lodged by the parties in that court and all the evidence which may have been led in the proceedings and which may be relevant to the issues that are to be determined. (c) (i) The parties shall endeavour to reach agreement on what should be included in the record and, in the absence of such agreement, the appellant shall apply to the Chief Justice for directions to be given in regard to the compilation of the record. (ii) Such application shall be made in writing and shall set out the nature of the dispute between the parties in regard to the compilation of the record and the reasons for the appellant’s contentions. (iii) The respondent may respond to the application within 10 days of being served with the application and shall set out the reasons for the respondent’s contentions. (iv) The Chief Justice may assign the application to one or more judges, who may deal with the matter on the papers or require the parties to appear before him or her or them on a specified day and at a specified time to debate the compilation of the record. (v) The judge or judges concerned shall give directions in regard to the compilation of the record, the time within which the record is to be lodged with the Registrar and any other matters which may be deemed by him or her or them to be necessary for the purpose of enabling the Court to deal with the appeal, which directions may include that the matter be referred back to the court a quo for the hearing of additional evidence specified in the directions, or that additional evidence be put before the Court by way of affidavit or otherwise for the purpose of the appeal. (2) (a) One of the copies of the record lodged with the Registrar shall be certified as correct by the Registrar of the court appealed from. (b) Copies of the record shall be clearly typed on stout A4-size paper, double-spaced in black record ink, on one side of the paper only. (c) Legible documents that were typed or printed in their original form such as cheques and the like shall not be retyped and clear photocopies on A4-size paper shall be provided instead. (d) The pages shall be numbered clearly and consecutively and every tenth line on each page shall be numbered and the pagination used in the court a quo shall be retained where possible. (e) Bulky records shall be divided into separate conveniently-sized volumes of approximately 100 pages each. The record shall be securely bound in book format to withstand constant use and shall be so bound that upon being used will lie open without manual or other restraint. (f) All records shall be securely bound in suitable covers disclosing the case number, names of the parties, the volume number and the numbers of the pages contained in that volume, the total number of volumes, the court a quo and the names of the attorneys of the parties. (g) The binding required by this rule shall be sufficiently secure to ensure the stability of the papers contained within the volume; and where the record consists of more than one volume, the number of each volume and the number of the pages contained in a volume shall appear on the upper third of the spine of the volume. (h) Where documents are lodged with the Registrar, and such documents are recorded on a computer disk, the party lodging the document shall where possible also make available to the Registrar a disk containing the file in which the document is contained, or transmit an electronic copy of the document concerned by e-mail in a format determined by the Registrar which is compatible with software that is used by the Court at the time of lodgement, to the Registrar at: [email protected]: Provided that the transmission of such copy shall not relieve the party concerned from the obligation under rule 1(3) to lodge the prescribed number of hard copies of the documents so lodged. (i) If a disk is made available to the Registrar the file will be copied and the disk will be returned to the party concerned. Where a disk or an electronic copy of a document other than a record is provided, the party need lodge only 13 copies of the document concerned with the Registrar. (3) If a record has been lodged in accordance with the provisions of paragraphs (b) and (c) of subrule (1), the Registrar shall cause a notice to be given to the parties to the appeal requiring— (a) the appellant to lodge with the Registrar written argument in support of the appeal within a period determined by the Chief Justice and specified in such notice; and (b) the respondent to lodge with the Registrar written argument in reply to the appellant’s argument by a specified date determined by the Chief Justice, which shall be subsequent to the date on which the appellant’s argument was served on the respondent. (4) The appellant may lodge with the Registrar written argument in answer to the respondent’s argument within 10 days from the date on which the respondent’s argument was served on the appellant. (5) The Chief Justice may decide whether the appeal shall be dealt with on the basis of written arguments only. (6) Subject to the provisions of subrule (5), the Chief Justice shall determine the date on which oral argument will be heard, and the Registrar shall within five days of such determination notify all parties to the appeal of the date of the hearing by registered post or facsimile.What are the Steps in Summary:
- Within 15 days of the Order you are appealing against, lodged you Application for leave to appeal [Rule 19(2)]
- Within 10 days, the Respondent is to file its Notice to Oppose the appeal and the grounds for the opposition [Rule 19(4)(a)]
- The Constitutional Court would then decide whether or not to grant the leave to Appeal [Rule 19(6)(a)]
- If leave to appeal is granted, the appellant shall prepare and lodge the appeal record with the Registrar [Rule 20(1)(a)]
- The Chief Justice may decide whether the appeal shall be dealt with based on written arguments only [Rule 20(5)]
- The matter would be argued on the date provided by the Constitutional Court.
Best of luck with your appeal.
ABC Steps to Appealing to the Constitutional Court of South Africa If you are unhappy with a Court’s decision, you have a right to take the decision on appeal. Section 2 of the Constitution of the Republic of South Africa (Act 108 of 1996) states: This Constitution is the supreme Continue Reading
Finding the best lawyer (advocate or attorney) for my court case – best practical tips and advise
When facing legal disputes, it is imperative to select a lawyer who not only possesses a strong track record in their area of expertise but also fosters a constructive working relationship with you. The effectiveness of legal representation is not solely dependent on the lawyer’s credentials; the chemistry and communication between you and your lawyer play a crucial role in navigating the complexities of your case.Have a connection with your lawyer
The importance of this connection can fluctuate based on the specific nature of the dispute at hand. For example, if your concern involves a minor issue such as drafting a letter to a noisy neighbor, the dynamic between you and your lawyer might not be as essential. However, in more significant matters, such as a divorce case that involves children, assets, and potential custody arrangements, the need for an effective working relationship becomes substantially more critical. Here, the emotional and practical stakes are high, making it crucial to have a lawyer who understands your priorities and can advocate firmly on your behalf.Not all lawyers are the same
It’s also essential to recognize that not all lawyers approach conflict resolution in the same manner. Some prefer to seek amicable solutions and may excel at settling disputes without entering the courtroom. This can be advantageous in matters where a rapid resolution is desired, and relationships need to be preserved, such as in family law cases. However, there are situations where litigation is unavoidable. In those instances, having a lawyer who is not only willing but also capable of confidently handling court proceedings is vital. You should feel assured that your lawyer is prepared to fight for your interests if necessary.In conclusion in find the best lawyer for you
In summary, when searching for a lawyer (attorney or advocate) to represent you, take the time to assess not just their qualifications but also your ability to establish a rapport and communicate effectively. It is important to feel comfortable expressing your concerns and discussing your goals openly. If, at any point, you feel that the lawyer is not attuned to your needs or seems to have their own agenda that does not align with your objectives, it may be prudent to reconsider your choice and seek out a lawyer who you believe will better serve your interests. If you are interested in scheduling a consultation with our firm to discuss your legal needs and explore how we can assist you, please fill out the form below. We look forward to the opportunity to work with you and provide the support you need.
Finding the best lawyer (advocate or attorney) for my court case – best practical tips and advise When facing legal disputes, it is imperative to select a lawyer who not only possesses a strong track record in their area of expertise but also fosters a constructive working relationship with you. Continue Reading
How do I find the Top Five (5) Law Firms in Cape Town for you?
There are many searches going around seeking the Top Five (5) Law Firms in Cape Town. It is not an easy question to answer. That is so as the law is very diverse, and the question is not very specific. Furthermore, the answer would be very subjective. For example, the top five law firms in Family Law, may not be the same top five law firms in Property Law. The same applies to that of criminal law. Furthermore, it would be hard to find out information from one law firm as to how well they are doing for their clients in camparison to other law firms. Therefore, we suggest you find a law firm that speaks to your specific needs and circumstances. Here are some tips:- Define Your Needs: Identify the specific legal services you require (e.g., family law, criminal defence, corporate law).
- Research Online: Use legal directories;
- Check Reviews and Ratings: Look for client reviews and ratings to gauge the firm’s reputation and client satisfaction.
- Ask for Recommendations: Reach out to friends, family, or colleagues who may have had similar legal needs for personal recommendations.
- Evaluate Experience: Consider the firm’s experience in your specific legal issue, including years in practice and case outcomes.
- Schedule Consultations: Many firms offer free or less expensive consultations. Use this opportunity to meet attorneys, discuss your case, and assess their communication style.
- Assess Costs: Inquire about fees and billing practices. Understand whether they charge hourly rates, flat fees, or contingency fees.
- Trust Your Instincts: Choose a firm that you feel comfortable with and confident in their ability to handle your case.
- Verify Credentials: Check the attorneys’ qualifications and any disciplinary history.
- Consider Location: Proximity can be important for ease of communication and meetings.
Taking the time to research and evaluate different firms will help you find the right fit for your legal needs.
How do I find the Top Five (5) Law Firms in Cape Town for you? There are many searches going around seeking the Top Five (5) Law Firms in Cape Town. It is not an easy question to answer. That is so as the law is very diverse, and the Continue Reading
Relocation with my minor child to Austria, Vienna (Consent and Refusal) – Advocate Muhammad Abduroaf
The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Vienna, Austria
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages five or six) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in George or Umlazi, South Africa, and you want to relocate to Vienna, Austria, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Vienna, Austria?
The same applies when it comes to your minor child applying for a South African passport to relocate to Austria, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Vienna, Austria with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport.
Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Vienna, Austria. What can I do if the other parent does not want to consent to the minor child’s relocation to Vienna, Austria?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Vienna, Austria, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Vienna, Austria. The other parent would also have an opportunity to give reasons why he or she objects.
At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Vienna, Austria, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Vienna, Austria?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Vienna, Austria – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Vienna, Austria, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Vienna, Austria
If you require legal assistance or representation with relocating to Vienna, Austria due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
Relocation with my minor child to Austria, Vienna (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. Continue Reading
Relocation with my minor child to the United States of America, Los Angeles (Consent and Refusal) – Advocate Muhammad Abduroaf
The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Los Angeles, United States of America
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages nine or ten) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Bellville or Pietermaritzburg, South Africa, and you want to relocate to Los Angeles, United States, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Los Angeles, United States?
The same applies when it comes to your minor child applying for a South African passport to relocate to United States of America, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Los Angeles, United States of America with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport.
Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Los Angeles, United States of America. What can I do if the other parent does not want to consent to the minor child’s relocation to Los Angeles, United States of America?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Los Angeles, United States, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Los Angeles, United States. The other parent would also have an opportunity to give reasons why he or she objects.
At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Los Angeles, United States, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Los Angeles, United States of America?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Los Angeles, United States – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Los Angeles, United States, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Los Angeles, United States of America
If you require legal assistance or representation with relocating to Los Angeles, United States due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
Relocation with my minor child to the United States of America, Los Angeles (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the Continue Reading
Relocation with my minor child to Netherlands, Amsterdam (Consent and Refusal) – Advocate Muhammad Abduroaf
The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Amsterdam, Netherlands
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages three or four) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Springs or Seshego, South Africa, and you want to relocate to Amsterdam, Netherlands, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Amsterdam, Netherlands?
The same applies when it comes to your minor child applying for a South African passport to relocate to Netherlands, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Amsterdam, Netherlands with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport.
Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Amsterdam, Netherlands. What can I do if the other parent does not want to consent to the minor child’s relocation to Amsterdam, Netherlands?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Amsterdam, Netherlands, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Amsterdam, Netherlands. The other parent would also have an opportunity to give reasons why he or she objects.
At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Amsterdam, Netherlands, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Amsterdam, Netherlands?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Amsterdam, Netherlands – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Amsterdam, Netherlands, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Amsterdam, Netherlands
If you require legal assistance or representation with relocating to Amsterdam, Netherlands due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
Relocation with my minor child to Netherlands, Amsterdam (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. Continue Reading