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:

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

Child Custody

Divorce & Property

Domestic Violence

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.

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.

Posted on 11 February 2025 by Telelaw

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:

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

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

Child Custody

Divorce & Property

Domestic Violence

Call our law offices on 021 424 3487 and have your online appointment made for you today!

Have a family Law appointment with us

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.

History of the law of exercising contact and care rights of parents during the lockdown in South Africa – The rollercoaster ride for parents and lawyers
The national lockdown not only affected our movement by keeping us in our homes. It also affected our relationships with people important and dearest in our lives. Here we refer to family, friends and colleagues to mention a few. Before the lockdown commenced in South Africa, parents were exercising contact with their children as they always have in the past. Friends and family gatherings were not seen as a privilege but as part of daily life, and an inherent right. However, when the lockdown commenced, things drastically changed. And without warning.

The following are a few of the actual consequences of the lockdown when it comes to family relations:

Spouses or partners who would only see each other for part of the day, now see each other virtually the entire day;
Schools are closed, and parents can only care for children at their homes;
Children were not allowed to move between parents as they were used to at the start of the lockdown;
Visits to close friends and your relatives are prohibited. Therefore, adult children may not have seen their parents since the lockdown commenced.
Siblings, cousins and spouses living in different provinces would not have seen each other for weeks.

The commencement of the National Lockdown in South Africa

The date 27 March 2020, is of great significance to all South Africans. It is the day were all South African’s were placed under lockdown. This was something no South African was prepared for. The call was imminent. The life we lived before that day, would not be lived for quite some time to come. Now let us look at the regulations dealing with the movement of children during the lockdown.

First Regulations regarding the movement of children during the lockdown

Regulations were then issued concerning the movement of children. In terms of the Regulations at the time, minor children were to remain in the care of the parent who had the child at the time. Have a look at an article written by Adv. Muhammad Abduroaf on this issue: “The child must remain in the custody of the parent with whom the child was with when the lockdown period started” – Directive 6(m)(ii) in terms of the Regulations [30 March 2020] This caused huge challenges for many parents. It meant that a parent who never cared for a child for longer than a day would now have to care for the child for the entire lockdown period. This also caused a huge stir. Not only for parents but also for the legal profession, especially for a lawyer who specialises in family law.

Second set of Regulations regarding the movement of children during the lockdown

The Regulations then changed, allowing movement as long as you have a registered parenting plan, or a parental rights and responsibilities agreement, both registered with the Office of the Family Advocate, or an Order of Court. This was also problematic as parents who did not have the latter documents could not have contact with their minor children. Have a look at an article written by Adv. Muhammad Abduroaf on this issue entitled: New lockdown regulations regarding the movement of children – Certain Parents may move children during the National Lockdown period No equality and dignity for parents without Court Order and Registered Plans and Agreements

Third set of Regulations regarding the movement of children during the lockdown

Then the regulations were again changed. It further allowed for the movement of children of parents who do not have a registered parenting plan, or a registered parental rights and responsibilities agreement or an Order of the Court. They may move from one home to another to collect and return their minor child with one requirement. They must have in their possession the birth certificate of the child, or a certified copy thereof. Have a look at an article written by Adv. Muhammad Abduroaf on this issue entitled: Latest Regulations: No Court order, registered agreement or parenting plan is required for the movement of children during the lockdown – 16 April 2020.

Fourth set of Regulations regarding the movement of children during the lockdown

Then came the recent regulations which have been issued after the extended lockdown in May 2020. In essence, parents may move with their child if they have a registered parenting plan, or a parental rights and responsibilities agreement or an Order of the Court. Another requirement was that the home the child is to move to is free from COVID-19. You will note that the birth certificate requirement for the parents who do not have the latter documents no longer applies. If parents do not have a registered parenting plan, or a registered parental rights and responsibilities agreement or an Order of the Court, they may collect and drop-off the child only after they obtained a Magistrate’s Permit. A parent who has rights of contact needs to approach the magistrate in the area where he or she lives to obtain a permit to move the child. Have a look at these two posts on the topic. The Magistrate’s Permit – 3 steps to obtain your permit to collect your child during lockdown The Magistrate’s Permit – New regulations on Movement of children during the Lockdown It should be noted that the permit does not give you rights of care and contact. It only allows you to move the child. So, if the police stop you, you can show them the permit. If you and the other parent have disputes regarding contact, you cannot use the permit as a way of enforcing contact. That must be resolved at a court of law. Therefore, if you visit the child to collect him with a permit, and the other parent refuses you contact, you still need to approach the relevant court.

Fifth set of Regulations regarding the movement of children during the lockdown

On Thursday 28 May 2020, the Minister issued regulations which took effect on 1 June 2020. This was when level 3 of the lockdown was implemented in South Africa. The regulations regarding the movement of children remained largely the same, except for the inter-provincial movement of children and student in relation to attending their places of learning. In short, the head of the school, or institution of higher learning must issue a certificate for the purposes of travelling between provinces. The regulations can be downloaded here.

Future regulations regarding the movement of children during the lockdown

As can be seen from the aforesaid, the government has thus far issued 5 (five) sets of regulations regarding the movement of children between parents. Depending on how the fight of the COVID-19 pandemic unfolds, it may call for changes to the regulations on the movement of children. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Posted on 11 February 2025 by Telelaw

International Family Law matters, applicable to South Africa
Divorces are not only limited to people living in the same country. Often, you will find that one spouse lives in South Africa and the other in a different country. They want to get divorced but do not know how to go about it. The question now is, which country and which court should divorce them? We regularly receive these types of queries from people living in the Middle East and the United Kingdom. The same problem arises in the case of parents living in different countries, but there are complications regarding contact and access to their minor children. Let’s say, one parent, lives in Cape Town and the other in Taiwan. How does the parent living in Taiwan enforce his contact rights to his child in South Africa? Does he or she approach the court in Taiwan? Or should he or she approach the Court in South Africa? And Lastly, there is an issue regarding child maintenance. What happens in the case where one parent lives in Cape Town and the other in New York? How does child maintenance work? Can the parent living in Cape Town with the children obtain a maintenance order against a parent in New York? This article will deal with the above three topics. Read on to learn more.

South Africans living abroad

South African expatriates are found all over the world. These include the following places:

The United Kingdom
United States of America
Canada
Chile
Taiwan
New Zealand
Japan
India
Brazil
China

Whatever the destination and/or location is, this article would be a useful read. Especially so if you find yourself in an international family law dispute.

We regularly receive enquiries and requests for legal advice and/or assistance from people who have a legal connection to South Africa, but do not live here. This may include an intended divorce, where one of the spouses reside in South Africa, or a child contact issue, where a parent would like to have contact with his or her child living here.

With the advances in technology, providing advice and assistance to clients abroad becomes very easy, and convenient. There is Skype, WhatsApp Video, FaceTime, to mention a few that can bridge the communication gap. But for now, let us deal with the legal issues involved and fly away with divorces.

I live in the United Kingdom, and want to divorce my spouse living in Cape Town

Many people believe that because they got married in South Africa, any court in South Africa can divorce them. Or because they lived in Cape Town, that the Western Cape High Court in Cape Town can divorce them, even though they live in London at present. That is not the case. You will see why not. The issue is that of the Jurisdictional authority of the relevant Court.

Jurisdiction of the Divorce Courts in South Africa

Section 2(1) of the Divorce Act, states the following when it comes to the Court’s Jurisdiction: “A court shall have jurisdiction in a divorce action if the parties are or either of the parties is- (a) domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or (b) ordinarily resident in the area of jurisdiction of the court on the said date and have or has been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date.”

So, as you can see, you need to have fulfilled one of those latter requirements. Therefore, if you and your spouse moved to England, to settle there, you may not get divorced in Cape Town if the marriage broke down. This is so even though your marriage took place in Cape Town and you own property there. If, however, the husband lives in England, and the wife in Cape Town and she is resident there, then the divorce is possible in Cape Town. Now let us move on to other family law related matters. We will tackle the issue of child contact next.

I live in the United States of America, and I am not allowed to have contact with my child living in Cape Town, South Africa

It often happens that parents would have a relationship and bring a child into this world. The relationship deteriorates, and one parent then moves and relocates to another country. In our experience, this is usually work related. Everything would seem to go well until the relocating parent has problems exercising contact with his or her child in South Africa. The challenge for the parent that relocated is the distance. He or she is not able to pop into the child’s home should they not answer the phone or visit the children at school should he or she not be able to get hold of them. Luckily, in this case, because the children are living in a specific province, for example, the Western Cape, the parent who relocated can have his or her attorney approach the Court locally to enforce his or her rights. So, for example, let’s say in this case, the father relocated, he can enlist the services of an attorney in Cape Town to make an Urgent Application to the Western Cape High Court for an Order for immediate telephonic, or video contact. An Application in the Children’s Court would be problematic as he would have to be present at the Court. This, of course, would not be an issue if he is willing to fly down for each of the Court hearings. The Court would then hear the matter and decide what is best for the children involved. If it would be best for them to have telephonic and/or video contact with the father on a regular basis; the court would then make the appropriate order. The party can also consider incorporating a clause which would entail the minor children traveling to him overseas.

How to claim child maintenance for my children if the other parent lives in New York

International child maintenance is always a complicated issue. This is so as the parent who is supposed to pay maintenance is out of the country. For this very reason, a parent living in South Africa will have to make use of international law.

The parent will approach the maintenance court in South Africa who in turn will approach the court in the country where the parent who is supposed to pay maintenance lives. We will not go into detail in this article on how exactly the process works. However, it basically entails a court making an order in Cape Town and then later having it registered in the foreign country. The applicable legislation is the Reciprocal Enforcement of Maintenance Orders Act 80 of 1963. The reverse also applies. Let’s say a parent lives in California and requires maintenance from a parent in South Africa. Then the same process would be applied. The parent would make an application for a maintenance order in California, and then have it registered in Cape Town. The Reciprocal Enforcement of Maintenance Orders Act 80 of 1963 would also apply to South Africa. If this is applicable to you, we advise that you approach your local maintenance court as soon as possible.

Posted on 11 February 2025 by Telelaw

How do I find the best criminal lawyer in Cape Town?

People get into trouble with the law often. However, it does not mean that you are not entitled to the protection of the law. You still have a right to an attorney or legal representation, as well as a right to be heard and be presumed innocent until proven guilty by the State. All criminal matters are serious. However, some have dire consequences. For example, prison time if you are found guilty. Therefore, it is important that you find the best criminal attorney for your specific case.

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. [caption id="attachment_14316" align="alignnone" width="1200"]

Best Criminal Lawyers in Cape Town[/caption]

Child Maintenance and Support

https://www.ourlawyer.co.za/wp-content/uploads/Our-Lawyer-Consultation.gifEvery Child is entitled to have adequate child maintenance from his parents. This includes the provision of food, clothing, shelter, education and healthcare. These provisions are to be provided by both his or her mother and father. If one parent cannot afford any support, then other the parent would be responsible for the time being. However, support can still be claimed from the child’s maternal and paternal grandparents. What follows are some answers to a few questions on child maintenance.

How much is the basic rate or amount of child maintenance?

There is no basic rate for child maintenance. The amount depends on various factors, which includes the needs of the child, the income of the parents, as well as their personal expenses. There are many other factors as well. The law expects parents to contribute based on their means. Therefore, in principle, but not easily applied in practice, if a mother earns double of that the father, and has the same monthly expenses, she would pay double in child support. What is best is for parents to sit down and work out what is fair.

What is covered by child maintenance?

A vast amount of provisions is included in the concept of child support. These are not only necessities, it can be luxuries as well. This all depends on the standard of living of the parents, and what the child was accustomed to. This would even more apply if the parents were married to each other, had the child, and then separated. The law would want the child to continue with the standard of living he or she had before the separation, or divorce.

How do you determine the amount of child support?

Determining the amount to pay for child support is not an easy one. If things were simple, both parties would earn the same and have the same expenses. However, this is seldom the case. Furthermore, one should also look at the means of the parents, assets and liabilities. Therefore, if a parent does not earn much, but own an expensive piece of real estate, that would be taken into account when determining the amount, he or she should contribute. Once all the figures are on the table, a fair amount should be allocated.

When do I stop paying maintenance?

Child maintenance should be paid until the child is self-supporting or sufficient. Although the child becomes an adult at the age of eighteen, many at time, the child is still at school, studying, or trying to find a job. He or she may still claim maintenance from his or her parents. However, once the child becomes self-supporting, maintenance should stop. if there is a child maintenance order in place, such order should be set aside should the child be self-supporting.

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. 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. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.