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Divorce Questions and Answers

Update: We introduced this Divorce Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know how to get divorced fast; post a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Divorce; please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledgebase. Therefore, although we are legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share our knowledge of Divorce.
There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you with whatever questions you have, or information you require on Divorce. Therefore, after posting your question, or any time after, have a look at the useful resources and information on our website. Some of these resources are listed hereafter.
Articles and Q&A
 There is a range of legal articles on this website dealing with various family law issues. Some of these articles are straight forward, outlining the legal position on family law-related topics. For example, how to apply for child maintenance, or how to get divorced. Other articles are written in the form of answering a specific legal question. For example, do I pay maintenance if I am unemployed, or what do I do if I want to leave the country with my child, and the other parent does not want to provide consent? Those articles are in blog format. This means that you are welcome to comment or pose questions to increase our knowledge base. The clear idea behind our website is that we want to make family law legal information more accessible and available to the public.
Downloadable resources
 We created some downloadable resources for free on this website. They are: 1 Free Basic Will Tool Kit 2. Free Shariah Will Template 3. Free Divorce Starter Tool Kit 4. Free Child Maintenance Calculator 5. Free DIY Urgent Child Contact Toolkit Feel free to download these useful resources. Click on the links above, and complete the online purchase process. The purchase price is R 0. Thereafter, a downloadable link would be emailed to you. Once you received the email, download it as soon as possible as the link would expire after two months. We hope that we assisted you with any queries you had on Divorce. If not, feel free to arrange a consultation with us.
Sharing is Caring
 If you find any of our articles 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.  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  by Telelaw
  
Best Attorneys, Advocates, and lawyers to assist you in your Court Custody matter. When is the best time to get them involved in your case?
 When dealing with a family law matter, it is essential that you obtain the best legal advice possible. And in this regard, the best attorney, lawyer, or advocate for you. Not necessarily the most expensive or experienced. This is so as we are dealing with your children, that require the best care and protection.  Child custody, child guardianship, visitation and care are all interrelated. However, they all have one underlying principle: the child’s best interests. If parents cannot agree on what is in the child’s best interest, Attorneys, Advocates, lawyers, and the Court may get involved. Your legal representative needs to be on the same page as you.
What do child custody, child guardianship, visitation and care relate to?
 The terms child custody, child guardianship, visitation and care relate to a child’s life in relation to a parent, caregiver or interested party. However, if you are a caregiver, your conduct would directly affect various aspects of the minor child’s life. These include daily care, education, medical treatment, and overseas visits. This article attempts to address how the law expects parents to exercise their parental responsibilities and rights concerning their minor children and what they should do if there are issues. If you have a legal problem relating to child custody, child guardianship, visitation, and care, it may be best to consult with a lawyer, attorney, or advocate.
The law focuses on what is best for the child.
 Often parents would fight over what parental responsibilities and rights they wish to exercise concerning a child. That would be the conduct of separated parents, divorced parents or parents who share no history but for having a child together. What often happens is that parents focus on what is best for them and not what is best for the child involved. That is unfortunate as they navigate parental responsibilities and rights with the wrong tools. As stated, they need to focus on what is in the child’s best interests. That is so, as the court that makes the final decision follows the best interests of the child principle.
Examples of when a child’s view may be disregarded
 It may, however, happen that what is best for the parent may also be best for the child. However, that would not always be the case. It would, however, be the case by chance. For example, a parent may want to have primary care of the minor child because it means they would not have to travel far to see the child. It would be convenient for the parent. But luckily for the parent, the child’s school is close to that parent’s home. Therefore, it would be in the minor child’s best interests to be cared for by that parent. In this scenario, should a court have to adjudicate over this matter, its reasons for allowing the latter parent to care for the minor child primarily is based on what is best for the child (the location of the school) and not what is best for the parent (less travel).  However, the outcome would be different if the school was central to both parents’ homes in the same example. The other parent may argue that they may have more time to care for the minor child and assist in homework, extramural activities, etc. In that case, that parent would have a better chance of obtaining primary care.
What about what the child has to say?
 In our law, we are expected to consider what the child has to say about a situation or decision involving them. Here we are referring to a child custody matter. This principle does not apply to all children, and it would depend on the age and maturity of the child involved. For example, a child who is 14 years old would be mature enough to provide input. However, we cannot place too much weight on the wants of a three-year-old child who is not even school-going. However, the three-year-old child’s familiarity with the parent and fondness would play a role.  Having said the above, it is essential to note that the law does not blindly follow what the child wants, which would be absurd. What is expected is for one to listen to the child, see their reasons, and consider that in relation to the facts of the matter. This includes what the parents have to say.  For example, if the child says they want to live with the father because each second weekend, they go to KFC, and the beach and have fun, and at Mom, it is always homework, a healthy diet, and chores, the child’s reasoning is not sound. One would also need to consider whether a parent can care for a child. It would be senseless to place a child in the care of a parent who is rich, works seven days a week and has a handful of nannies to care for the child, despite the other parent working from home and having a lot of time for the child.
When do I fight for parental responsibilities and rights over my minor child?
 If in an unfortunate situation where the parents cannot agree on caring for the child, then it is advised they receive professional help. That may not be seeking legal advice from the word go, and it may be meeting with a social worker or a mediator first. If things are getting out of hand, it may be best to consider seeing an attorney, advocate, or lawyer to assist you in your matter.
What Court would be approached in a Child Custody dispute?
 There are three possibilities for the Court you may approach in a Child Custody dispute. They are the divorce court in a divorce matter, the Children’s Court, and the High Court.  The divorce court will be the appropriate forum if there is a pending divorce. But not always. If you wish to represent yourself, then the Children’s Court is your best option. If you can afford legal representation, your attorney, lawyer, or advocate will advise you whether to approach the High Court.
Best advice on the way forward when it comes to attorneys, advocates, and lawyers
 The best advice we have when it comes to attorneys, advocates, and lawyers in child custody matters is that you make use of the one you can work with. It is not ideal to use the most experienced attorney or advocate when he or she is swamped and has no time for your case.  [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?  Advocate Muhammad Abduroaf – Trust Account Advocate[/caption]
 Posted on  by Telelaw
 
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