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 Cape Town?

A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Plettenberg Bay, the law applicable would be the same throughout South Africa.

Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case:

Experience and Expertise:

Specialization in family law, particularly child custody cases.
Proven track record of successfully handling similar cases.

Knowledge of Family Law:

In-depth understanding of family law.
Awareness of recent legal developments and changes in family law.

Communication Skills:

Effective communication skills to clearly articulate your case in court.
Ability to negotiate and mediate to reach favourable settlements.

Compassion and Empathy:

Understanding and empathy towards the emotional challenges involved in child custody disputes.
Ability to provide emotional support to clients during a difficult time.

Strategic Thinking:

Ability to devise a strategic legal approach tailored to the unique aspects of your case.
Forethought and anticipation of potential challenges.

Availability and Responsiveness:

Prompt responses to client inquiries and concerns.
Availability for meetings, court appearances, and consultations.

Client Reviews and References:

Positive reviews from previous clients.
Recommendations from colleagues or other legal professionals.

Ethical Conduct:

Adherence to professional and ethical standards.
Transparent and fair billing practices.

Courtroom Experience:

Comfort and confidence in a courtroom setting.
Skillful presentation of arguments and evidence.

Resourcefulness:

Resourcefulness in finding legal precedents and utilizing available resources to strengthen the case.

Problem-Solving Skills:

Creative problem-solving skills to navigate complex family dynamics and legal issues.

Custody and Visitation Knowledge:

In-depth knowledge of various custody arrangements and visitation schedules.
Ability to advocate for the best interests of the child.

What should you consider when meeting with a family law attorney or advocate?

When looking for a great child custody lawyer, it’s essential to schedule consultations, discuss your case, and assess whether the lawyer, attorney, or advocate possesses the qualities and skills that align with your needs and goals. Additionally, consider seeking recommendations from trusted friends, family members, or other legal professionals. Finding the best child custody lawyer involves thorough research, careful consideration of your specific needs, and evaluation of the lawyer’s qualifications. Here are some steps you can take to find the right child custody lawyer for your situation:

Define Your Goals and Needs:

Clearly identify your goals and priorities in the child custody case.
Determine the specific services you need from a lawyer, such as legal representation, mediation, or collaborative law.

Research Local Family Law Attorneys:

Use online legal directories and referral services to identify family law attorneys or Trust Account Advocate in your area.
Seek recommendations from friends, family, or colleagues who have gone through similar situations.

Check Credentials and Specialization:

Look for lawyers who specialize in family law and, more specifically, child custody cases.
Check their credentials, education, and any certifications related to family law.

Read Reviews and Testimonials:

Read online reviews on legal review websites, social media, or the lawyer’s own website.
Consider testimonials from previous clients to gauge the lawyer’s reputation and success rate.

Consult with Multiple Lawyers:

Schedule consultations with several child custody lawyers to discuss your case.
Prepare a list of questions to ask during the consultation, covering topics such as experience, approach to cases, and expected outcomes.

Evaluate Communication Skills:

Assess the lawyer’s communication style and whether you feel comfortable discussing your case with them.
Ensure that the lawyer listens actively and provides clear explanations of legal processes.

Consider Experience:

Inquire about the lawyer’s experience in handling child custody cases similar to yours.
Ask about their success rate and outcomes in past cases.

Review Legal Fees:

Discuss the lawyer’s fee structure during the consultation.
Clarify billing practices, retainer fees, and any additional costs associated with your case.

Check Disciplinary Records:

Verify the lawyer’s standing with the Legal Practice Council of South Africa.
Check for any disciplinary actions or complaints against the lawyer.

Seek Second Opinions:

If you have initial concerns or uncertainties, consider seeking a second opinion from another attorney or advocate.
Compare advice and recommendations from multiple sources.

Trust Your Instincts:

Pay attention to your instincts and gut feelings about the lawyer.
Choose a lawyer you feel comfortable working with and who understands your unique situation.

Negotiation and Mediation Skills:

Assess the lawyer’s ability to negotiate and mediate, especially if you prefer an amicable resolution.

Remember that finding the best child custody lawyer is a personalized process, and the right fit for one person may not be the best for another. Take the time to thoroughly research and evaluate potential lawyers to make an informed decision based on your specific needs and circumstances.

We service clients in all cities: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Posted on 11 February 2025 by Telelaw

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 Cape Town?

Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case:

Experience and Expertise:

Specialization in family law, particularly child custody cases.
Proven track record of successfully handling similar cases.

Knowledge of Family Law:

In-depth understanding of family law.
Awareness of recent legal developments and changes in family law.

Communication Skills:

Effective communication skills to clearly articulate your case in court.
Ability to negotiate and mediate to reach favourable settlements.

Compassion and Empathy:

Understanding and empathy towards the emotional challenges involved in child custody disputes.
Ability to provide emotional support to clients during a difficult time.

Strategic Thinking:

Ability to devise a strategic legal approach tailored to the unique aspects of your case.
Forethought and anticipation of potential challenges.

Availability and Responsiveness:

Prompt responses to client inquiries and concerns.
Availability for meetings, court appearances, and consultations.

Client Reviews and References:

Positive reviews from previous clients.
Recommendations from colleagues or other legal professionals.

Ethical Conduct:

Adherence to professional and ethical standards.
Transparent and fair billing practices.

Courtroom Experience:

Comfort and confidence in a courtroom setting.
Skillful presentation of arguments and evidence.

Resourcefulness:

Resourcefulness in finding legal precedents and utilizing available resources to strengthen the case.

Problem-Solving Skills:

Creative problem-solving skills to navigate complex family dynamics and legal issues.

Custody and Visitation Knowledge:

In-depth knowledge of various custody arrangements and visitation schedules.
Ability to advocate for the best interests of the child.

What should you consider when meeting with a family law attorney or advocate?

Finding the best child custody lawyer involves thorough research, careful consideration of your specific needs, and evaluation of the lawyer’s qualifications. Here are some steps you can take to find the right child custody lawyer for your situation:

Define Your Goals and Needs:

Clearly identify your goals and priorities in the child custody case.
Determine the specific services you need from a lawyer, such as legal representation, mediation, or collaborative law.

Research Local Family Law Attorneys:

Use online legal directories and referral services to identify family law attorneys or Trust Account Advocate in your area.
Seek recommendations from friends, family, or colleagues who have gone through similar situations.

Check Credentials and Specialization:

Look for lawyers who specialize in family law and, more specifically, child custody cases.
Check their credentials, education, and any certifications related to family law.

Read Reviews and Testimonials:

Read online reviews on legal review websites, social media, or the lawyer’s own website.
Consider testimonials from previous clients to gauge the lawyer’s reputation and success rate.

Consult with Multiple Lawyers:

Schedule consultations with several child custody lawyers to discuss your case.
Prepare a list of questions to ask during the consultation, covering topics such as experience, approach to cases, and expected outcomes.

Evaluate Communication Skills:

Assess the lawyer’s communication style and whether you feel comfortable discussing your case with them.
Ensure that the lawyer listens actively and provides clear explanations of legal processes.

Consider Experience:

Inquire about the lawyer’s experience in handling child custody cases similar to yours.
Ask about their success rate and outcomes in past cases.

Review Legal Fees:

Discuss the lawyer’s fee structure during the consultation.
Clarify billing practices, retainer fees, and any additional costs associated with your case.

Check Disciplinary Records:

Verify the lawyer’s standing with the Legal Practice Council of South Africa.
Check for any disciplinary actions or complaints against the lawyer.

Seek Second Opinions:

If you have initial concerns or uncertainties, consider seeking a second opinion from another attorney or advocate.
Compare advice and recommendations from multiple sources.

Trust Your Instincts:

Pay attention to your instincts and gut feelings about the lawyer.
Choose a lawyer you feel comfortable working with and who understands your unique situation.

Negotiation and Mediation Skills:

Assess the lawyer’s ability to negotiate and mediate, especially if you prefer an amicable resolution.

Remember that finding the best child custody lawyer is a personalized process, and the right fit for one person may not be the best for another. Take the time to thoroughly research and evaluate potential lawyers to make an informed decision based on your specific needs and circumstances.

We service clients in all cities:

Cape Town

Rustenburg

Kimberley

East London

Nelspruit

Polokwane

Pietermaritzburg

Bloemfontein

Port Elizabeth

Pretoria

Durban

Johannesburg

Relocation of minor children with a parent. What does the Courts and Family Advocate look at?
Relocating with your minor child where the consent of the other parent is provided is ideal. If consent is not provided, then the Court would need to get involved. This applies to both local (example, provincial relocation) and international (moving abroad). Our High Court often hear applications for relocation of minor children. Sometimes the issues are simple, and other times, less so. However, the ultimate question is whether or not it is in the minor child’s best interest.
High Court getting involved in minor children relocation matters
In the unreported judgment of CG v NG 2015 JDR 0391 (GJ), the Applicant, being the mother, approached the Gauteng High Court for permission to relocate with her minor children from Gauteng to Cape Town. We shall not deal with the history and all the facts of the matter, save for the important principles applied to the relevant facts. In this matter, the Office of the Family Advocate was called upon to provide a report as to the intended relocation. This they did and which the Court considered. That is illustrated in the judgment below.
Extracts of a Judgemnet of the High Court in a Relocation of minor children matter
The following aspects of the judgement would be of benefit:
[22] The ruling on the postponement leaves this court to deal with the only remaining issue between the parties and that is whether or not the Applicant should relocate to Cape Town with the minor children. The law on matters of relocation is clear. The relocation must be in the best interest of the minor children as is prescribed in the Children’s Act No. 38of 2005. In addition, an applicant in the position of the Applicant is at liberty to relocate with minor children provided his or her intention is bona fide and reasonable. The test applies to both relocation within the borders of South Africa and abroad. See Jackson v Jackson 2002 SA 303 (SCA) and B v M 2006 (9) BCLR 1034 (W) to which Counsel for the Applicant referred this court. [23] Accordingly, the following two questions arise: 23.1 Is the proposed relocation in the best interest of the minor children? 23.2 Is the Applicant’s intended move bona fide and reasonable? [24] Whether or not an applicant’s proposed move is bona fide and reasonable should be a factual enquiry. Needless to state therefore that each case must be assessed on its own merits. The Applicant has been living in Johannesburg, xxx, while married to the Respondent and to date she continues to do so. [25] Her relationship with the Respondent has become estranged a result of which she now holds the view that it will benefit her to be next to her family, mother, father brother and sister-in-law all of whom are in the area of Cape Town, xxx. [26] Her family will give her the emotional support that she cannot get in Johannesburg. Furthermore, once the minor children are settled, her mother will give her support by fetching them from school such that she could start looking for employment. [27] As the primary custodian parent of the minor children, her move to Cape Town will of necessity be in their best interest. She does not see herself being separated from them as that will prejudice her relationship with them. Her proposed move to Cape Town is supported by her psychologists, Ms Becker and, Ms Chelvers. [28] The Applicant asserts further that the Respondent whom she describes as ‘exceedingly wealthy’ can still exercise his rights as per the orders of Van Oosten and Victor JJ. She does not foresee any problems whether financially or otherwise for The Respondent to fly to Cape Town to see the children as he does presently in Johannesburg. [29] In response to the Applicant’s averments, the respondent alleges that it will not be possible for him to travel to Cape Town on a weekly or monthly basis as this will necessarily involve increased costs for him. Moreover, it will take him away from his only source of income, his work. [30] The relocation of the minor children means that he will have to seek accommodation in Cape Town, transport and time off work in order to exercise his rights. His ability to generate income will be immensely impaired and that could have devastating repercussions for both the minor children and the Applicant especially as she is unemployed and fully dependent on the monthly maintenance that he pays. [31] The Family Advocate unequivocally recommends that the status quo be maintained because to move the minor children to Cape Town will reverse the stability that has prevailed since the introduction of the increased access by their father. The Applicant herself has agreed that all three minor children like their father and that they cannot wait to visit him. The Family Advocate also alludes to the fact that Gabriel, the eldest of the minor children appears settled with her friends at school. [32] Moving them to Cape Town under these circumstances could upset their routine and bring unnecessary shock to their lives at the time when they are beginning to settle. The Family Advocate is an expert in these kind of matters and he undoubtedly compiled the report with the best interest of the minor children in mind. This court has no reason to doubt the outcome and accordingly adopts it. [33] In the result, the following order is made:
The application is dismissed;
The Applicant is ordered to pay the costs as between attorney and client.
From the above it is clear that the Court looked at various factors, as well as the report of the Office of the Family Advocate.

Posted on 11 February 2025 by Telelaw

Registering Ante Nuptial Contract
First of all, it is crucial to note that if you get married without an Ante Nuptial Contract, you are automatically married in community of property. But what exactly is the purpose of having an ANC? An ANC is an agreement in black and white between two parties before entering into marriage. The agreement stipulates how assets will be dealt with in the event of divorce or death. Having an ante nuptial contract benefits you in the following ways:
Debt incurred by the other party, will not be affect you financially due to the ANC in place.
The ANC can be drafted and tailored according to your circumstances so you can get the most out it.
The ANC allows the parties to remain separate in estates.
Parties will not need each other’s consent in financial dealings.
Parties can maintain their own financial independence.
[caption id="attachment_4555" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] To have your ANC registered, call our law offices on 021 424 3487 to find out more on how you can go about having your ANC registered. For professionally drafting, speak to our legal expert today and have a consultation with us. Engage with our efficient online appointment system and have us make an online appointment for you today!

Ante Nuptial Contract without Accrual

Having the accrual system excluded from the ANC means that you and your spouse will manage assets separately. This means that estates will also function independently from each other. Any assets and liabilities acquired during the marriage will remain separate as well. The accrual system is effective as it protects the other spouse against creditors/debt incurred by the other party. [caption id="attachment_4557" align="alignleft" width="300"]

Call our law offices on: 0211110090
Email us at: [email protected][/caption] For a better understanding on how the accrual system is incorporated into a marriage, speak to your family legal expert today. Below are some link that could be helpful regarding your ANC:

Ante Nuptial Contract after marriage

It essential to have your ANC professionally, legally drafted by a legal expert who is well experienced and know what he/she is doing. Some couples take the easy way or the least costly route, which is later to their detriment after being married. [caption id="attachment_4558" align="alignleft" width="300"]

Call our law offices on: 0211110090
Email us at: [email protected][/caption] Once an ANC has been drafted, you need to be sure it can be legally executed after the marriage. Call our law offices today for an online appointment for a

Posted on 11 February 2025 by Telelaw

Child Maintenance Court – What do you have to know to win. Tips and Tricks
[caption id="attachment_8401" align="alignleft" width="640"] Child Custody of Parents[/caption]
Best interests of a child: When it comes to child maintenance, the child’s best interests are of paramount importance. This principle is immortalised in our Constitution and applied in our Courts of Law. Therefore, in relation to child maintenance matters, and specifically to the child maintenance court, the moment a parent files an application for child maintenance, the principal should apply. Before we move on, on a side note, it is not only child maintenance that the maintenance court deals with. A spouse may take the other to the maintenance court for personal maintenance. Read on above a Successful Child Maintenance Appeal before the Full Bench Argued by Adv M Abduroaf

Parental Maintenance Obligations

Both parents have a duty of support towards their minor child’s proper living and upbringing. This should be according to their means, standard of living, station in life, and the needs of the child. This is found in our common law and further applies to divorced parents. According to section 15(2) of the Maintenance Act, the duty “extends to such support as a child reasonably requires for his or her proper living and upbringing, and includes the provision of food, clothing, accommodation, medical care and education.” Furthermore, the duty is not discharged where one parent earns substantially more than the other. According to section 15(3) of the Maintenance Act, in determining the maintenance amount, the maintenance court must take into consideration the following: “(i) that the duty of supporting a child is an obligation which the parents have incurred jointly; (ii) that the parents’ respective shares of such obligation are apportioned between them according to their respective means; and (iii) that the duty exists, irrespective of whether a child is born in or out of wedlock or is born of a first or subsequent marriage. (b) Any amount so determined shall be such amount as the maintenance court may consider fair in all the circumstances of the case.” Lastly, there is an onus on both the maintenance officer and the maintenance magistrate in placing evidence before the court in determining a fair maintenance amount. This is our starting point going forward.

Processing the Maintenance Application

When a parent approaches the maintenance court for child maintenance, it is the duty of the maintenance clerk to expeditiously process the application. In doing so, the clerk through the other resources of the maintenance court, should ascertain the details of the other parent, and ensure that he or she is brought to court as soon as possible for a maintenance enquiry before a maintenance officer. Therefore, for example, should the maintenance clerk not have the living or work address of the father, then he or she must enlist the assistance of the maintenance investigator to obtain it. For that, he or she can make use of the search and tracking resources the maintenance investigator makes use of and has access to.

Getting the non-paying parent to the maintenance court

After the maintenance application has been processed, it is the duty of the maintenance court to ensure that the non-paying parent makes his or her way to the maintenance court as soon as possible for a maintenance enquiry. This enquiry is held before a maintenance officer. Even if the maintenance court’s diary is quite full, it should still expedite this process, giving both parents adequate time to make arrangements to appear in the maintenance court. Therefore, if the next available date for a maintenance enquiry is in three (3) months time, the parties can use this time to make arrangements with their work, obtain necessary information for the enquiry, or make alternative school traveling arrangements for the kids. There should therefore not be a delay in notifying the parents of the date of the maintenance enquiry. Furthermore, when notified of the court date, both parents receive a document stating what information they should bring with to the maintenance enquiry. These include three (3) months bank statements, and salary advices as well as proof of expenses. Giving the parties adequate time to obtain this information would be vital and, in the child’s best interests. The last thing we want is for the matter to be postponed to another date due to either parent not having been given adequate time to obtain the documents, even though the mother made the application many months ago.

The maintenance enquiry before a maintenance officer

The maintenance enquiry is the next legal step in the process. This is where things get interesting. Sometimes, at this enquiry, it is the first time the parents are in the same room together, since the child was conceived. Quite often, both parents do not know much about the current financial affairs of the other parent. The parent asked to pay child support, furthermore, does not know what the child costs to maintain.

Denial of paternity

What sometimes happens, is that the father denies paternity. This he would either do out of spite or due to genuine doubt on his side. This would often be the case if there was a brief encounter between the parents when the child was conceived. Sometimes the father is married to someone else, and for the sake of his current marriage, he needs to deny paternity. Once the paternity tests are finalised, the parties would need to return to court again for the results. If the results are positive, in that he is the father, then the enquiry proceeds. If he is not the biological father, the application is removed from the court roll.

Role of the maintenance officer

Again, the golden standard in which the enquiry should be conducted is that of the child’s best interests. This is of paramount importance. The maintenance officer should, therefore, ensure that all the financial information about the parties are properly disclosed. This is very important. However, at the same time, the maintenance officer should try to settle the matter, taking into consideration the child’s best interests. Should the parents not be forthcoming regarding their income and expenses, and the needs of the child, then the maintenance officer must subpoena witnesses if need be and make use of the maintenance investigator which we deal with next.

The maintenance investigator

Section 7(1)(d) of the Maintenance Act empowers the maintenance officer to “require a maintenance investigator of the maintenance court concerned to perform such other functions as may be necessary or expedient to achieve the objects of this Act.” Section 7(2)(e) of the Maintenance Act empowers the maintenance investigator after so being instructed by the maintenance officer, to: “gather information concerning- (i) the identification or whereabouts of any person who is legally liable to maintain the person mentioned in such complaint or who is allegedly so liable; (ii) the financial position of any person affected by such liability; or (iii) any other matter which may be relevant concerning the subject of such complaint; or (f) gather such information as may be relevant concerning a request referred to in subsection (1) (c). Now that we looked at the importance of the role of the maintenance officer and maintenance investigator, we move on to the role of the maintenance magistrate. This is where the formal enquiry takes place.

The formal enquiry before a Magistrate

Should the parties not be able to come to an agreement regarding the amount of child maintenance to be paid at the enquiry before the maintenance officer; the matter would have to go before the maintenance magistrate for a formal enquiry. Here the court has to properly consider the means and needs of the mother, the means and needs of the father, and the needs of the minor child. Thereafter, make a maintenance award. There is a legal obligation upon the maintenance officer and the magistrate to conduct a thorough enquiry. The court should not play the role of an umpire. Therefore, a passive attitude should not be taken by a judicial officer in a maintenance enquiry and then give judgment. Should all go well, at the end of the enquiry, a maintenance award would be made.

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Posted on 11 February 2025 by Telelaw