Child Custody battles. What are the frequently asked questions mothers and fathers pose when it comes to children disputes?

Our courts are inundated with child custody matters. Parents who were once in love and supportive of each other, now find themselves embroiled in a very sensitive and emotional legal battle. The question that is posed; who can best care for the minor child? Is it the mother or the father? Should things remain the same, or is a change warranted. As you would see below, when deciding on where a child should primarily reside, the court would need to determine what is best for the child. The court is hardly concerned with the wishes and preferences of the parents. Their interests are secondary. However, the court has to consider all factors. That includes the domestic situation of both parents and their ability to care for the child.

I am worried about my child custody case. How can a father lose a child custody battle?

A father will lose a child custody battle if he cannot prove that it is in the child’s best interest that he has custody over the child concerned. It is important when either parent wants a change in the living arrangement for minor children, they need to focus on what is best for the kids, and not them.

I am the biological father of a 10-year-old child. What percentage of fathers win child custody cases?

That would be impossible to say. However, there is an increase in fathers “winning” child custody cases. It must be stated that each custody case is different. Therefore, unless the facts favour a parent having custody over the other, the status quo would remain. Moreover, a father who does not have a case to start with will lose his case. The same would apply to a mother should the father have primary care over the child.

Is it possible for a judge or magistrate to give 50/50 custody over a 15-year-old child?

Yes, it can happen if the parents agree to it. The other way is if the court finds it in the child’s best interests to do so. It all depends on the facts of the case. If parents live far from each other, then it won’t make sense. The same would apply if one parent works late in the evening and unable to care for the children during the day.

Who is most likely to get custody of a child who is not attending school yet?

The parent who the child is more accustomed to, and can better care for the child would most likely get custody over a child who is not attending school yet. Here one has to look at physical, emotional and psychological care as well. Other aspects which may be applicable when the child is older is the ability to assist the child with school work and extramural activities.

I am the biological father of a minor child. How do I prove I am a better parent in court?

You would need to prove that you can care for the child much better than the other parent can. This not only applies to physical needs but also emotional, psychological and educational needs etc. The past is a big determinant of the future. Therefore, if you have always been caring well for the child, then the courts would usually leave things the way they are unless the is a change in circumstances.

I am a single mother fighting to keep my child. How does the court of law determine custody?

Custody is determined based on what is best for the child. The court looks at many factors relevant to your specific situation. These include the ability of the parent to care for the child both physically, emotionally and psychologically. If at the end of the day, the court sees that it would be best for you to have custody, it would order so.

Can text messages be used in a child custody court?

Yes, it can be used if it proves something relevant in a case. For example, the mother saying that she was out whole night partying and left the child with a stranger. The SMS would however not be seen in isolation. The court would have to look at the mother and father’s ability to care for the child. If the father has no experience in caring for the child, then the court would most likely let the minor child remain in the mother’s care.

I just gave birth to my second child. Can a mother lose custody for not having a job?

It is not a requirement to have a job to have custody over a child. If the other parent can contribute towards child maintenance, then that would be used to attend to the needs of the child. Therefore, the mother should apply for more child maintenance if she loses her job.

How can a narcissist win a child custody case?

A narcissist can win a child custody case if he or she can prove that despite being a narcissist, he or she would better care for the child. Being a narcissist does not mean you cannot care for the child. It is also possible that both parents are narcissists. What do you do then? Therefore, the court would look at what is best for the child under the circumstances.

I was never married to my child’s mother. We broke up years ago. When should a father fight for custody?

A parent should always do what he or she thinks is best for the child. If it means fighting for a child, then that is what he or she should do. Therefore, the father should fight for custody if he believes that he can best care for the minor child. If he does not believe he can, then he should leave the child in the mother’s primary care if that is best.

I am unable to speak rationally to the mother of my child. Who gets physical custody?

It is unfortunate when parents fail to speak rationally to each other when it comes to their children. A child must be cared for by the parent who can best physically, emotionally and psychologically care for him or her. It is sometimes hard to determine which parent can best physically care for a minor child. If the matter goes to a court of law, then the parent who can best care for the child primarily would get physical custody of the child.

I do not earn a lot of money. How can I win a child custody case without a lawyer?

Legal services can be very expensive. And some cases can take very long to be finalised. There is however no need to make use of a lawyer in a child custody case. It is however always advisable to make use of one if you can afford it. It is possible to win a child custody case either way if you can prove that you can better care for the child.

I broke up with the father of my child soon after he was born. Can a good mom lose custody? My child is now 15 years old.

It is very rare for a good mom to lose a child custody case. If there is a custody battle, the father may have to prove that the 15-year-old child wants to live with him and that he can better care for the child despite the mom being good. In this case, the view of the child is taken into consideration. If the father cannot prove that he can better care for the child, then the child would remain with the mother.

I pay child support and regularly try to see my child. Can a father be denied joint custody?

Paying child support and rights of contact are two separate issues. When it comes to issues of custody regarding children, the law looks at what is best for the child concerned. Therefore, yes, a father can be denied joint custody if it is not in the child’s best interests despite him paying child support. The court would also have to look at the mother’s situation if relevant when making an order that the father is denied access.

Can one parent keep a child from the other parent without a court order?

Parents must always act in the child’s best interests. A parent who always had contact or access to a child should continue to do so unless it would be detrimental to the child. Therefore, no, he or she may not keep a child from the other parent unless he or she believes that the child would be in imminent harm or danger. However, we strongly advise that should a parent believe that it is in the child’s best interests not to have contact with the other parent, that he or she first consult with a child care expert, psychologist or social worker. This is important as the other parent may lay a complaint to the police or to the court. You can then say that your decision was based on expert advice. This is especially so if there is a court order in place.

I hate my child’s father. How can I avoid joint custody?

A child should have both parents in his or her life. Therefore, joint custody, if it is in the child’s best interests must be upheld, despite hating the other parent. This should be the case despite the issues the parents have with each other. Having said that, to be successful, you would need to show the court that the child would best be cared for by having one primary caregiver. You would then have been successful in avoiding joint custody.

I can only find a job as an escort. Can you lose custody for escorting?

Escorting, when done lawfully, could lead someone from losing custody if it would affect his or her ability to care for the child. Parents have many professions, and it would be wrong to say that parents with certain lawful occupations are not allowed to have custody because it involves lawful escorting. Therefore, unless one can prove that lawful escorting would affect the custodial parent’s ability of caring for the child; it would not affect the custody rights.

I only see my child every second weekend. Do I have the right to know who my child is around?

Every parent needs to know where his or her child is, and with whom the child is with at any given time. We are living in dangerous times, and it would only serve the child well if both parents know where the child is and with whom the child is with. However, if a child is with a parent, and the parent visits a friend or goes out to lunch with that friend and the child is with, it may be unreasonable for the other parent to demand to know such information. As long as the parent knows that the child is with the other parent, that should be enough. He or she may check in on the child later during the day.

How can a mother win custody of a child?

When it comes to child custody cases, the law looks at what is in the child’s best interest. If there is a custody battle or dispute, the parent who would be successful is the one who can show that the child’s best interest is met. Therefore, a mother can win custody if she can prove that she can better care for the child than the father. The opposite also applies. If the father can prove that the child would be best cared for by him, he would “win” the custody case.

Can a stay at home mom get custody?

Any parent can get custody over a child. This applies to mothers and fathers whether or not they are stay at home parents, working or unemployed. He or she must prove that having custody would be in the child’s best interests. Therefore, a stay at home mom can get custody over a minor child. The same applies to the father

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

Child Custody battles. What are the frequently asked questions mothers and fathers pose when it comes to children disputes?

Our courts are inundated with child custody matters. Parents who were once in love and supportive of each other, now find themselves embroiled in a very sensitive and emotional legal battle. The question that is posed; who can best care for the minor child? Is it the mother or the father? Should things remain the same, or is a change warranted.

As you would see below, when deciding on where a child should primarily reside, the court would need to determine what is best for the child. The court is hardly concerned with the wishes and preferences of the parents. Their interests are secondary. However, the court has to consider all factors. That includes the domestic situation of both parents and their ability to care for the child.

I am worried about my child custody case. How can a father lose a child custody battle?

A father will lose a child custody battle if he cannot prove that it is in the child’s best interest that he has custody over the child concerned. It is important when either parent wants a change in the living arrangement for minor children, they need to focus on what is best for the kids, and not them.

I am the biological father of a 10-year-old child. What percentage of fathers win child custody cases?

That would be impossible to say. However, there is an increase in fathers “winning” child custody cases. It must be stated that each custody case is different. Therefore, unless the facts favour a parent having custody over the other, the status quo would remain. Moreover, a father who does not have a case to start with will lose his case. The same would apply to a mother should the father have primary care over the child.

Is it possible for a judge or magistrate to give 50/50 custody over a 15-year-old child?

Yes, it can happen if the parents agree to it. The other way is if the court finds it in the child’s best interests to do so. It all depends on the facts of the case. If parents live far from each other, then it won’t make sense. The same would apply if one parent works late in the evening and unable to care for the children during the day.

Who is most likely to get custody of a child who is not attending school yet?

The parent who the child is more accustomed to, and can better care for the child would most likely get custody over a child who is not attending school yet. Here one has to look at physical, emotional and psychological care as well. Other aspects which may be applicable when the child is older is the ability to assist the child with school work and extramural activities.

I am the biological father of a minor child. How do I prove I am a better parent in court?

You would need to prove that you can care for the child much better than the other parent can. This not only applies to physical needs but also emotional, psychological and educational needs etc. The past is a big determinant of the future. Therefore, if you have always been caring well for the child, then the courts would usually leave things the way they are unless the is a change in circumstances.

I am a single mother fighting to keep my child. How does the court of law determine custody?

Custody is determined based on what is best for the child. The court looks at many factors relevant to your specific situation. These include the ability of the parent to care for the child both physically, emotionally and psychologically. If at the end of the day, the court sees that it would be best for you to have custody, it would order so.

Can text messages be used in a child custody court?

Yes, it can be used if it proves something relevant in a case. For example, the mother saying that she was out whole night partying and left the child with a stranger. The SMS would however not be seen in isolation. The court would have to look at the mother and father’s ability to care for the child. If the father has no experience in caring for the child, then the court would most likely let the minor child remain in the mother’s care.

I just gave birth to my second child. Can a mother lose custody for not having a job?

It is not a requirement to have a job to have custody over a child. If the other parent can contribute towards child maintenance, then that would be used to attend to the needs of the child. Therefore, the mother should apply for more child maintenance if she loses her job.

How can a narcissist win a child custody case?

A narcissist can win a child custody case if he or she can prove that despite being a narcissist, he or she would better care for the child. Being a narcissist does not mean you cannot care for the child. It is also possible that both parents are narcissists. What do you do then? Therefore, the court would look at what is best for the child under the circumstances.

I was never married to my child’s mother. We broke up years ago. When should a father fight for custody?

A parent should always do what he or she thinks is best for the child. If it means fighting for a child, then that is what he or she should do. Therefore, the father should fight for custody if he believes that he can best care for the minor child. If he does not believe he can, then he should leave the child in the mother’s primary care if that is best.

I am unable to speak rationally to the mother of my child. Who gets physical custody?

It is unfortunate when parents fail to speak rationally to each other when it comes to their children. A child must be cared for by the parent who can best physically, emotionally and psychologically care for him or her. It is sometimes hard to determine which parent can best physically care for a minor child. If the matter goes to a court of law, then the parent who can best care for the child primarily would get physical custody of the child.

I do not earn a lot of money. How can I win a child custody case without a lawyer?

Legal services can be very expensive. And some cases can take very long to be finalised. There is however no need to make use of a lawyer in a child custody case. It is however always advisable to make use of one if you can afford it. It is possible to win a child custody case either way if you can prove that you can better care for the child.

I broke up with the father of my child soon after he was born. Can a good mom lose custody? My child is now 15 years old.

It is very rare for a good mom to lose a child custody case. If there is a custody battle, the father may have to prove that the 15-year-old child wants to live with him and that he can better care for the child despite the mom being good. In this case, the view of the child is taken into consideration. If the father cannot prove that he can better care for the child, then the child would remain with the mother.

I pay child support and regularly try to see my child. Can a father be denied joint custody?

Paying child support and rights of contact are two separate issues. When it comes to issues of custody regarding children, the law looks at what is best for the child concerned. Therefore, yes, a father can be denied joint custody if it is not in the child’s best interests despite him paying child support. The court would also have to look at the mother’s situation if relevant when making an order that the father is denied access.

Can one parent keep a child from the other parent without a court order?

Parents must always act in the child’s best interests. A parent who always had contact or access to a child should continue to do so unless it would be detrimental to the child. Therefore, no, he or she may not keep a child from the other parent unless he or she believes that the child would be in imminent harm or danger.

However, we strongly advise that should a parent believe that it is in the child’s best interests not to have contact with the other parent, that he or she first consult with a child care expert, psychologist or social worker. This is important as the other parent may lay a complaint to the police or to the court. You can then say that your decision was based on expert advice. This is especially so if there is a court order in place.

I hate my child’s father. How can I avoid joint custody?

A child should have both parents in his or her life. Therefore, joint custody, if it is in the child’s best interests must be upheld, despite hating the other parent. This should be the case despite the issues the parents have with each other. Having said that, to be successful, you would need to show the court that the child would best be cared for by having one primary caregiver. You would then have been successful in avoiding joint custody.

I can only find a job as an escort. Can you lose custody for escorting?

Escorting, when done lawfully, could lead someone from losing custody if it would affect his or her ability to care for the child. Parents have many professions, and it would be wrong to say that parents with certain lawful occupations are not allowed to have custody because it involves lawful escorting. Therefore, unless one can prove that lawful escorting would affect the custodial parent’s ability of caring for the child; it would not affect the custody rights.

I only see my child every second weekend. Do I have the right to know who my child is around?

Every parent needs to know where his or her child is, and with whom the child is with at any given time. We are living in dangerous times, and it would only serve the child well if both parents know where the child is and with whom the child is with. However, if a child is with a parent, and the parent visits a friend or goes out to lunch with that friend and the child is with, it may be unreasonable for the other parent to demand to know such information. As long as the parent knows that the child is with the other parent, that should be enough. He or she may check in on the child later during the day.

How can a mother win custody of a child?

When it comes to child custody cases, the law looks at what is in the child’s best interest. If there is a custody battle or dispute, the parent who would be successful is the one who can show that the child’s best interest is met. Therefore, a mother can win custody if she can prove that she can better care for the child than the father. The opposite also applies. If the father can prove that the child would be best cared for by him, he would “win” the custody case.

Can a stay at home mom get custody?

Any parent can get custody over a child. This applies to mothers and fathers whether or not they are stay at home parents, working or unemployed. He or she must prove that having custody would be in the child’s best interests. Therefore, a stay at home mom can get custody over a minor child. The same applies to the father

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

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 Pietermaritzburg?
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 Pietermaritzburg, 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

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

Family law legal matters can be very stressful. This is so whether you live in Odendaalsrus 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 Odendaalsrus. 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 Odendaalsrus or any other city in South Africa.
What to do before visiting the Odendaalsrus Children’s Court
Before you approach the Children’s Court in Odendaalsrus, 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. Odendaalsrus 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 Odendaalsrus 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 Odendaalsrus Children’s Court
The Odendaalsrus Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Odendaalsrus 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 Odendaalsrus 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 Odendaalsrus.
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 Odendaalsrus Children’s Court
Once you complete the Form A and submit it to the Clerk of the Odendaalsrus 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 Odendaalsrus 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 Odendaalsrus Children’s Court
Once the Odendaalsrus 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 Odendaalsrus 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, Odendaalsrus, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Polokwane. Read further below about a “Bulldog Lawyer”)
Contract law is the bedrock of business and day-to-day transactions, providing a framework for parties to define their rights, obligations, and expectations. However, disputes can arise when one or more parties feel that the terms of the contract have been violated. This can apply to an employment contract, lease agreement, marriage contract, or one where you lent someone money. Even buying groceries at your local grocery is a contractual transaction. You pay, and he provides you with the goods. The list is endless.
All is good until someone violates the terms of the contract. This is where you may want to use an attorney or advocate in Polokwane. Read further below about what is referred to as a “bulldog lawyer”. If the other side is playing hardball or has a bulldog lawyer, then having a tough lawyer who takes no-nonsense is something that you must consider. Please note that the law on contractual disputes would be the same whether you live in Polokwane or any other city in South Africa.
Let us get into the theory. Navigating the complexities of contract law disputes requires a clear understanding of the legal principles and practical strategies for resolution.
Critical Elements of Contract Law are as follows:
Formation of Contract:
Before delving into disputes, it’s essential to understand how contracts are formed. A valid contract typically requires an offer, acceptance, consideration, legal capacity, and legality of purpose. Disputes may arise if any of these elements are in question. If you are entering into a high value contact, it may be best to consult with an advocate or attorney beforehand.
Types of Contracts:
Contracts can take various forms, such as express, implied, unilateral, and bilateral. Understanding the nature of the contract is crucial in determining the rights and obligations of the parties involved.
Common Contract Disputes:
Breach of Contract:
The most prevalent type of contract dispute arises from a breach. This occurs when one party fails to fulfil its obligations outlined in the contract. It could involve non-payment, incomplete performance, or failure to deliver goods or services.
Misrepresentation:
If one party makes false statements that induce another to enter a contract, it may lead to a dispute. Misrepresentation can be innocent, negligent, or fraudulent, each carrying different legal consequences.
Duress and Undue Influence:
Contracts entered under duress or undue influence may be deemed voidable. If one party was coerced or pressured into an agreement, it could lead to a dispute over the contract’s validity.
What follows are resolution strategies when it comes to contract disputes.
Negotiation:
Often, disputes can be resolved through negotiation. Parties can discuss the issues, explore compromises, and reach a mutually acceptable resolution without legal action. You should use a tough lawyer to represent you if the other side is unreasonable.
Mediation:
Mediation involves a neutral third-party facilitating discussions between the parties to help them resolve. It is a voluntary and confidential process that can be less adversarial than litigation.
Arbitration:
Arbitration is a more formal process where an arbitrator or a panel makes a binding decision after hearing both sides. It provides a faster and more private resolution compared to traditional court proceedings.
Litigation:
If all else fails, parties may resort to litigation. This involves taking the dispute to court, presenting evidence, and having a judge decide. Litigation can be time-consuming and costly, but it provides a definitive resolution.
Conclusion:
Contract law disputes are an inherent risk in business transactions, but understanding the principles and available resolution strategies can mitigate potential damage. Whether through negotiation, mediation, arbitration, or litigation, the goal is to find a fair and just resolution that upholds the integrity of the contractual relationship. As businesses continue to engage in complex transactions, a comprehensive understanding of contract law and dispute resolution mechanisms is essential for navigating the legal landscape successfully. When meeting with an advocate or attorney to assist you in your contractual dispute, discuss the above issues or factors with him or her to find out if they know what they are talking about.
What is a bulldog lawyer?
A “bulldog lawyer” is a colloquial term used to describe a lawyer (attorney or advocate) known for their aggressive and tenacious approach to legal representation. The term draws an analogy between the lawyer’s characteristics and those of a bulldog, known for its solid and determined demeanour. Bulldog lawyers are often associated with being assertive, persistent, and unwavering in pursuing their client’s interests.
Key characteristics of a bulldog lawyer may include:
Aggressiveness: Bulldog lawyers are known for their assertive and forceful advocacy on behalf of their clients. They are unafraid to challenge opponents and vigorously pursue their client’s objectives.
Tenacity:
Bulldog lawyers are persistent and determined in their legal pursuits. They may be willing to go to great lengths to achieve their client’s goals and are known for not easily giving up in the face of challenges.
Fearlessness:
Bulldog lawyers are often unafraid to take on tough cases or confront powerful adversaries. They may be known for their willingness to face complex legal battles head-on.
Advocacy Skills: Bulldog lawyers possess strong advocacy skills, including effective communication, negotiation, and litigation abilities. They can passionately argue their client’s case in court or during negotiations.
Strategic Thinking:
While aggressive, bulldog lawyers are also strategic in their approach. They carefully plan their legal strategies and tactics to achieve the best possible outcome for their clients.
It’s important to note that “bulldog lawyer” can have positive and negative connotations. On the positive side, it highlights an attorney’s dedication and commitment to their clients. On the negative side, it may suggest an overly aggressive or abrasive style that may not be suitable for all legal matters or personalities.

Posted on 11 February 2025 by Telelaw