Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Queenstown Children’s Court

 

Family law legal matters can be very stressful. This is so whether you live in Queenstown or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.

This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Queenstown. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Queenstown or any other city in South Africa.

What to do before visiting the Queenstown Children’s Court

Before you approach the Children’s Court in Queenstown, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Queenstown has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Queenstown Children’s Court for assistance.

TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.

Approaching the Queenstown Children’s Court

The Queenstown Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Queenstown Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.

Once you arrive at the Queenstown Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.

In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:

  • PART A: PARTICULARS OF CHILD(REN)
  • PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
  • PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
  • PART D: PARTICULARS OF MATTER

In part D, the following is stated which you need to provide in the form:

  • Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
  • Documents: Are there any documents relating to the matter? (If so please attach)

Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Queenstown.

TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.

Processing your Application at the Queenstown Children’s Court

Once you complete the Form A and submit it to the Clerk of the Queenstown Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.

TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.

Appearing in the Queenstown Children’s Court

When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:

  • Get a social worker involved in the matter;
  • Appoint a legal representative for the minor child;
  • Implement interim care and contact arrangements;
  • Having the parties attempt to agree on a parenting plan;
  •  

In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.

TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.

Finalising the matter in the Queenstown Children’s Court

Once the Queenstown Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.

TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.

The above Queenstown Children’s Court Application tips should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha

Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Queenstown, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on by Telelaw

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Queenstown Children’s Court

 

Family law legal matters can be very stressful. This is so whether you live in Queenstown or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.

This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Queenstown. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Queenstown or any other city in South Africa.

What to do before visiting the Queenstown Children’s Court

Before you approach the Children’s Court in Queenstown, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Queenstown has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Queenstown Children’s Court for assistance.

TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.

Approaching the Queenstown Children’s Court

The Queenstown Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Queenstown Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.

Once you arrive at the Queenstown Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.

In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:

  • PART A: PARTICULARS OF CHILD(REN)
  • PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
  • PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
  • PART D: PARTICULARS OF MATTER

In part D, the following is stated which you need to provide in the form:

  • Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
  • Documents: Are there any documents relating to the matter? (If so please attach)

Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Queenstown.

TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.

Processing your Application at the Queenstown Children’s Court

Once you complete the Form A and submit it to the Clerk of the Queenstown Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.

TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.

Appearing in the Queenstown Children’s Court

When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:

  • Get a social worker involved in the matter;
  • Appoint a legal representative for the minor child;
  • Implement interim care and contact arrangements;
  • Having the parties attempt to agree on a parenting plan;
  •  

In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.

TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.

Finalising the matter in the Queenstown Children’s Court

Once the Queenstown Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.

TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.

The above Queenstown Children’s Court Application tips should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha

Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Queenstown, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

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Do you have question regarding Tax and UIF? Feel free to post your questions below. What follows are samples questions that you might have in relation to your tax and UIF affairs.

Can you file your taxes on your own? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? How do you do your taxes for free? Can I file my taxes online? Is it safe to do your taxes online? Where can you get tax forms? What you need to do your taxes? How long does it take for you to do your taxes? How do you pay income tax if you are self employed? What is a person who does taxes called? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? How much should I earn to submit a tax return? Is SARS open on weekends? How much do you need to earn to pay tax in South Africa? What do you need to take to SARS? What does the tax number look like? What is a tax number? How do I register for e-filing? What is the use of SARS E-filing? What is the tax reference number? How many numbers are in a tax number? Is SARS call Centre number toll free? 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How do you figure out property tax? How do you take taxes out of your paycheck? How do you do a 20% tip? How do I collect my tax return? What is the difference between a tax return and a tax refund? How do you owe taxes? Can I get tax refund in South Africa? How can I get a copy of my taxes? Do you get your money back from taxes? How far can you go back on your taxes? What is the meaning of income tax refund? How do you know what your tax return will be? How do you file your tax return? How much tax do you pay if you earn R10000 a month? How much does it cost to file taxes with SARS? How do you calculate tax? What is your taxable income? Can I file my 2015 taxes in 2018? Does SARS owe me money? Why do you get a tax refund? How long does it take to get your tax refund? What is it called when you get your tax money back? How many years do you have to file a tax return? How long does it take to get your tax refund in the bank? How long does it take to get your tax refund direct deposit? What is the tax return? What is the estimated tax payment? What is the meaning of tax threshold? What is a SARS tax return? How many days will take for SARS to refund? What is a payroll withholding tax? How do we calculate taxable income? How much money do you have to make before you have to pay taxes? Can you go to jail for not filing a tax return? How long can you go without filing a tax return? What happens if you forget to file taxes? How far can SARS go back on unfiled tax returns? How do I get my tax return? How does a tax refund work? How do you do tax deductions? How can I get a copy of my taxes? How do you know what tax bracket you re in? How do you calculate the tax rate? How do you calculate tax? What is your taxable income? What is taxable income and how is it determined? What is not taxable income? What is an example of an income? Is taxable income and net income the same thing? How salary is taxed in South Africa? What is the taxable income on the income statement? 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Family Law Attorneys Cape Town

Experts: What is a family law Attorney and how can a family Attorney be of help to you? First of all, when dealing with a legal matter such as divorce, child maintenance, child custody etc, it is important to seek the proper legal advice from a professional within the field. A family law Attorney does just that! Our law offices are situated in the heart of the bustling CBD in a central, safe setting for your convenience. Our legal expert has extensive experience in the field of family law which is classified in number of essential aspect:
  1. Ante-nuptial Contracts
  2. Changing your Matrimonial Property Regime
  3. Child Maintenance / Support
  4. Child Custody / Visitation / Access
  5. Divorce
  6. Domestic Violence
  7. Parenting Plans
If you have a question on any of the topics mentioned in the links above, go ahead and click on it, and post your question. As legal consultancy, we get calls on a regular basis in which people ask for an Attorney to assist them in their legal case. We are well affiliated with experienced Attorneys and Advocates that can ensure that you get the best out of your case. Are you interested in any of our legal services? Feel free to call our law offices on 021 424 3487 for an online appointment for a professional legal consultation today.

What family Lawyers do on a daily basis

Family lawyers are experienced experts in dealing with diverse matters that requires their legal expertise. Should you be seeking a divorce, or looking for child maintenance guidance in the law, then a family law Attorney is the right person to speak to. Our common legal matters can range from child maintenance, child custody and divorce, to domestic violence and adoption – it all depends. The way it works is that we enable an online appointment system in which the potential client can make the appointment online themselves, or our friendly receptionist can do it for you. After making an appointment, you will receive an automated email as well as an SMS your side, containing all the information you need to know about the legal consultation ahead. Once payment has been made in advance, your professional consultation is confirmed and you will be consulting with a family legal expert who will be giving you the necessary legal advice you require. So what are you waiting for? Go ahead get dialing to have an online appointment made for you today!

Free legal advice

Our website is easy to navigate and the legal expert had put together well thought out legal articles consisting of free, expert legal advice for your convenience. Below are some of free legal advice article that may be of help to you:

 Child Maintenance

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a parent?
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

Child Custody

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. How do I get full custody over my child?
  3. Parental Child Abuse in Custody Cases
  4. Relocate with minor child. Parent Refusing Consent for a Passport
  5. Father being refused contact to his child! What are his rights as a Father?
  6. Father’s Parental Responsibilities and Rights to his Child
  7. Urgent Access to your Children without a Lawyer
  8. Parenting Plans and the Law
  9. What happens in a custody dispute where one parent is mentally ill?
  10. How to win your child custody and access court case – Tips and Tricks

Divorce & Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

Domestic Violence

  1. I’m in a physically and emotionally abusive relationship. Help from Abuse.
  2. How to make a Domestic Violence Application
Call our law offices on 021 424 3487 and have your online appointment made for you today!

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.
Advocate of the High Court of South Africa

High Court Advocate Cape Town Western Cape

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.  
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