Advocate Muhammad Abduroaf – Appeal High Court from the Children’s Court

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Advocate Muhammad Abduroaf – Appeal High Court from the Children’s Court

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I want to appeal to the Constitutional Court with my Case. Please refer me to an appeal advocate

As an appeal lawyer (advocate or attorney) in South Africa, you play a crucial role in the judicial system, helping clients navigate the complex process of appealing court decisions. You would either appeal to the High Court, Supreme Court of Appeal, or the Constitutional Court. Clients who find themselves in the unfortunate position of needing to appeal a court decision should strongly consider enlisting the services of an experienced appeal lawyer (advocate or attorney). Here are several compelling reasons why clients must use an appeal lawyer (advocate or attorney) for their court appeals:

Specialised Expertise in the Law and the Constitution

Appeal lawyers (advocate or attorney) specialize in the appellate process. They have a deep understanding of the law and procedural rules that govern appeals. By leveraging their specialised expertise, appeal lawyers (advocate or attorney) can craft strong legal arguments and navigate the complexities of the appellate court system with precision and skill.

Strategic Approach in Legal and Constitutional matters

Appeal lawyers (advocate or attorney) are skilled at developing strategic approaches to appeals. They can analyse the facts of a case, identify legal errors, and craft persuasive arguments to present to the appeal court. With their strategic approach, appeal lawyers can significantly increase the chances of a successful appeal. This is especially so as you area appearing the High Court, Supreme Court of Appeal or Constitutional Court.

Experience in Appellate Courts

Appeal lawyers (advocate or attorney) have experience appearing before appeal courts. They are familiar with the nuances of appeal practice and know how to effectively advocate for their clients in this unique legal setting. This experience can be invaluable in ensuring that clients’ appeals are presented in the best possible light.

Effective Argument Writing

Writing a compelling appeal argument is a critical component of a successful appeal. Appeal lawyers (advocate or attorney) have honed their skills in writing persuasive legal arguments that resonate with appeal judges. By entrusting an appeal lawyer (advocate or attorney) with the task of drafting the appeal brief, clients can rest assured that their arguments will be presented in a clear, concise, and persuasive manner.

Knowledge of Precedent

Appeal lawyers (advocate or attorney) have a deep knowledge of legal precedent. They can draw on previous court decisions to bolster their arguments and establish a strong legal foundation for the appeal. By citing relevant precedent, appeal lawyers can strengthen their clients’ positions and increase the likelihood of a favorable outcome.

Emotional Distance

Court appeals can be emotionally charged and stressful for clients. By hiring an appeal lawyer, clients can benefit from the emotional distance that a legal professional can provide. Appeal lawyers can offer objective advice, help clients see the bigger picture, and provide much-needed support during the appellate process. In conclusion, clients facing court appeals should seriously consider enlisting the services of an appeal lawyer (advocate or attorney). Appeal lawyers bring specialised expertise, strategic approaches, experience in appellate courts, effective brief writing skills, knowledge of precedent, and emotional support to the table. By partnering with an appeal lawyer, clients can maximize their chances of success in the appellate process and achieve the best possible outcome for their case.

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Parental consent for a minor child’s enrolment into a school – What can you do if co-guardianship consent is refused?

Children have a right to a decent education—one which would benefit them in life. Every caring parent wants to give their child the best education possible according to their specific circumstances and station in life.  Not all parents earn the same amount of money or have access the best type of education. However, most parents will do their best, which the law and society expect of all parents. In doing so, they ensure that their child has the best opportunities in life.

Parents co-operating in educating their minor children

It is vitally important for parents to co-operate when it comes to their minor child’s education. This relates to the enrollment into a school, the paying of school fees, transportation, parent involvement, homework, etc. If one parent does not wish to be involved in the child’s education, they should not hinder or obstruct the other parent from attending to the minor child’s education. For example, if the primary caregiver wants to enrol the minor child into a school, the other parent should co-operate in signing the necessary documents etc. It would be gravely unfortunate if a child’s right to a reasonable education is being prejudiced because the uninterested parent does not want to co-operate.

Parents not agreeing on the school the minor child should attend

Having dealt with the critical aspect of a minor child receiving a decent education and them co-operating; parents sometimes have conflicting views on what type of education is in the minor child’s best interests. Disputes may arise as to what school the minor child should attend or the subjects they should do. Parents being unable to agree on the essential aspects of the minor child’s education can cause severe problems for the minor child’s future. The law does not expect parents to agree on all aspects of the minor child’s education. However, the disagreement should not compromise the minor child’s education. If there is an impasse, a parent must give in. The law, therefore, expects parents to agree on those important issues regarding the minor child’s education and work together on making the minor child’s educational journey as smooth as possible.

Where do most educational disputes stem from?

Most parental disputes regarding a minor child’s education arise when the parents are separated or not living together. Here the reference is made to divorced parents or parents who were in a relationship and now separated. This is unfortunate as the minor child already has to deal with having parents living in separate homes and sharing time with each parent. It is not the minor child’s fault that his or her parents are not together or have issues. An issue may be where one parent prefers a school closer to their home and the other closer to their work. Or a parent prefers the minor child to attend a school which historically excelled in sport or academia.

Issue of affordability of education

Other considerations are that of affordability or the cost of education. One parent may not be able to afford the school fees of the current or new school. These are challenges that are not easy to resolve. When it comes to money issues, it is difficult to find solutions without looking into the parents’ pocket. This also comes with its own challenges. This is so as you would have to firstly deal with the issue of what is a better school for the minor child, and then the issue of affordability, location and so on. It is easy to determine which school is in theory better than the other by ticking off boxes. However, if school fees would not be paid, the exercise may be futile, when dealing with schools outside the affordability bracket of the parents.

When does the issue of a change in schooling arise?

Most of the minor child’s educational disputes between the parents comes to play when the child has to enrol into a new school. Usually in grade R or grade 7. If the child is attending a school, parents would usually not bring up any issues until those grades have been completed (or are soon to be completed). As a primary care giver of your child, you would want to ensure that your child has a school ready to attend the following year. You would also want to ensure that the school is an ideal school, considering the fees, location, subjects they offer and so on. If you leave this issue of application and enrolment into schools too late, you may end up having to enrol your child into as school far from your home or work. It may happen that the school your child ultimately attends do not have the curriculum you want for your child.

Parental consent for enrolment into a new school

Schools require both guardians of a minor child to enrol them into a school. This is especially so if the father’s name is on the birth certificate. If the parents are separated, and either parent is uncooperative, the child may not get accepted into a school timeously or into the best-suited school for him or her. If parents have their own personal issues between the two of them, then the situation becomes worse. One parent may try to use his or her right to consent as leverage for something else. For example, he or she will only consent if her or she does not have to pay any school fees.

What do you do if parental consent is not provided?

If there is a dispute regarding the school your child should attend, and it cannot be resolved between the parents; we suggest you try to mediate the issue with an experienced mediator or family counsellor. If that does not happen because the other parent does not want to partake, or the outcome is unsatisfactory to you, then you would have to approach the Court for assistance in resolving the matter. This is unfortunate as the child is the one who would suffer as he or she would be attending the school. The Court can make an order that only one parent’s consent is required for the enrolment of the minor child into a school.

What does the Court look at when deciding on parental consent?

As always, the court always looks at what is in the minor child’s best interest when it comes to issues surrounding him or her. Therefore, when it comes to parental consent issues in relation to education, the court would have to decide what is best for the minor child. Is it best that the minor child attend school A, or School B.? Before the court so decides, it would firstly hear from both parents. It may even ask the Office of the Family Advocate to first investigate and give their recommendations.

Court overriding the parents rights

If the court orders that School B would be best, then it would order that the parent who does not support School B should provide his or her consent, failing which, his or her consent is dispensed with. This process can take very long and can become very expensive. It would have been best if the parents used their money towards the minor child’s education. At the end of the day, litigation does not serve the minor child in the long run, especially when it comes to his or her education.    
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Frequently asked Child Custody and Guardianship Questions, answered by Adv. Muhammad Abduroaf, Advocate of the High Court of South Africa

Parents who are separated or having difficulties in their marriage or relationship often have questions regarding issues regarding child custody, care, visitation, and guardianship. Below are a few questions that Adv. Muhammad Abduroaf attempt to answer.

What is the most common child custody agreement?

The most common child custody agreement is for one parent to have primary care and for the other to have reasonable contact. That basically means the child would be cared for by one parent during the school week, and the other parent would have visitation rights every other weekend. Sometimes visitation would be during the week as well. Regarding school holidays, each parent would care for the child equally if possible. That would mean that the school holidays would be split in half. There are many variations to the above. However, the idea is that one parent would care for the child’s day-to-day needs and would be the first point of call for the child. For example, should the child fall ill at school, then the primary caregiver would be first contacted. That parent would also ensure that the child does their homework, attend sport, etc. The other parent may assist with schoolwork and assignments while caring for the child.

At what age can a child refuse visitation in South Africa?

Children need to listen to their parents. The opposite also applies. However, the difference is that parents know what is best for their children. Once the child turns 18 and is an adult, they can decide when and with whom they want to have contact. If, however, a child is afraid to have contact with a parent, then in such a case, the matter needs to be looked into. It may be best that the child sees a social worker or psychologist to determine the root of the problem and work from there.

How does guardianship work in South Africa?

Guardianship refers to legal matters concerning a child’s life. For example, a child’s legal guardian would consent to a child obtaining a passport or buying a house. Consent is also required for a child to undergo specific medical procedures and international travel. As you can see, guardianship has nothing to do with the visitation of a child. Therefore, a parent can have visitation rights but no guardianship rights.

What do judges look for in child custody cases in South Africa?

In all matters concerning children, the court or the judge is only concerned with what is in the child’s best interest, and not what is in the parent’s best interest. Therefore, whenever a judge has to decide regarding care, contact or anything related to the well-being of the minor child, it needs to make it based on what it believes is in the child’s best interests.

Are fathers entitled to 50/50 custody?

Fathers and mothers are entitled to 50/50 custody if the facts allow it. 50/50 is also sometimes referred to as shared care. If 50/50 is in the child’s best interests, the court will make such an order. If, for example, a parent lives far away from the child’s school, and that parent also needs to be at work very early, it would not make sense for that parent to have shared care over the minor child.

What is a realistic custody agreement?

A realistic custody agreement is one that would work for your specific family. Each family is different; therefore, what would work for one family would not necessarily work for another. Some parents work from home, and others work abroad. Furthermore, some parents are unable to assist children with schoolwork. Therefore, whatever custody agreement would work and be in the child’s best interests is best.

At what age will a judge listen to a child in South Africa?

If the child is mature enough, and there is a need for it, the court would listen to the child. However, usually, it depends on other experts’ interactions with the child—for example, the Office of the Family Advocate or a social worker who would provide a report.

How can a mother lose custody in South Africa?

If the mother has custody or primary care over the minor child, she can lose custody if she cannot be the primary caregiver. She may also lose custody if the other parent is better equipped to care for the minor child. For example, the mother now must work long hours and is away at work more often. The court may decide that it is best for the father to care for the minor child if he can do so.

Is South Africa a 50/50 custody State?

South Africa does not follow the 50/50 custody principle, and it makes a custody order based on all the information before it and on what is in the child’s best interests.

What is considered an unfit parent in South Africa?

An unfit parent neglects a child. Not everyone has the same income or wealth, so a parent who cannot purchase everything the child wants is not seen as unfit. However, if that parent puts the child in harm’s way or neglects the child, that parent would be seen as an unfit parent.

How do you win a custody battle with a narcissist?

Whether or not the other parent is a narcissist, the principles applicable to winning a child custody case would remain the same. It would help if you focused on the child’s best interests and nothing else. The court would pick up that the other parent is a narcissist. However, that does not mean you will win your case. A narcissist that can care well for the child should care for the child. Therefore, focus on aspects showing that you can care better for the child.

What access do fathers usually get?

Historically, the father usually received reasonable contact, which usually entailed contact every second weekend, on special days and half the holidays. The law and society have evolved so that many fathers are primary caregivers, and the mothers are the ones who receive reasonable contact. No matter what the gender of the parent is, the law looks at what is best for the child concerned.

How do you calculate child custody?

You would calculate child custody by the amount of time a parent would spend with a child during the month. For example, if a parent has contact with a child every second weekend, that would mean that the parent cares for the child 4 to 5 days a month.

How can I gain full custody of my child?

Any parent can gain full custody of their child if they can prove it would be in their best interests. No court would give full custody to a parent who cannot care well for the child. The law does not look at the amount of money you have as the court can always order the other parent to pay more child support. [caption id="attachment_10745" align="alignnone" width="300"]Best Attorneys, Advocates, lawyers to assist you in your Court Custody matter. When is the best time to get them involved in your case? Adv. Muhammad Abduroaf[/caption]

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