harassment, protection order, domestic violence, Cape Town
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IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) CASE NO: /2024 In the matter between: KONRAD JOSEPH SCHÜLER (Applicant) Identity number: 590504 5229 08 0 and VANESSA GAIL SCHÜLER (Respondent) Identity number: 600904 0208 08 9 NOTICE OF MOTION TAKE NOTICE that the Applicant intends to make an Application to the above Honourable Court for an Order in the following terms:- The Applicant’s non-compliance with the requirements of forms, service, manner of service and time periods provided in the Uniform Rules of this Honorable Court be condoned insofar as necessary;
- Prior to any proceeds of the sale of portion 19,346, Koppersfontein, Western Cape (the property), being paid to the Respondent:
- the Transferring Attorneys shall retain the sum equal to the outstanding debt of the former joint estate of the parties referred to in clause 3.1.3 of the Consent Paper (the debt), which was made an Order of the Regional Court for the Regional Division of the Western Cape, held in Cape Town, on 24 October 2023, under case number 165/2023 (the divorce Order) and utilise it to settle the debt;
- The Transferring Attorneys shall retain an amount equal to the sum of all payments made by the Applicant and/or debited from his Standard Bank Account calculated from 01 November 2023, which was used to pay the Respondent’s half of the debt, and reimburse the Applicant therewith on behalf of the Respondent;
- The motor vehicle referred to in clause 4.1.2 of the Divorce Order, being a 2011 Hyundai Ix35 2.0 Gls/Executive, with registration number CAA 412805, shall be retained by the Applicant as his sole and exclusive property for which right the Applicant shall forthwith pay the Respondent the sum of R 3 661 (three thousand six hundred and sixty-one rand); and
- Costs of this Application; and
- Further and/or alternative relief.
TAKE NOTICE FURTHER that the Applicant has appointed the firm ADVOCATE MUHAMMAD ABDUROAF, with its details as stated below as his/her Legal Practitioner of record and address at which he/she shall accept notice and service of all process in these proceedings. KINDLY TAKE NOTICE FURTHER that if you intend opposing the Application, you are required to:- inform the Applicant’s Legal Practitioner within 10 (ten) days of receipt hereof of your intention to do so; and
- fifteen days after you have so given notice of your intention to oppose the Application, to file your answering affidavit, if any; and further;
- that you are required to appoint in such notification an address referred to in rule 6 (5) (b) at which you will accept notice and service of all documents in these proceedings.
KINDLY BE ADVISED FURTHER, that if no such notice of intention to oppose is given, the Application will be made on a date and time to be provided by the Registrar of this Honourable Court. TAKE NOTICE FURTHER that the Founding Affidavit of KONRAD JOSEPH SCHÜLER will be used in support of this Application. TAKE NOTICE FURTHER that the Applicant consent to service of any process in these proceedings via email using the email address [email protected]. DATED AT CAPE TOWN ON THIS DAY OF JANUARY 2024. _______________________________ Per: Adv. M Abduroaf (Legal Practitioner of the Applicant) Trust Account Advocate – An advocate as contemplated in section 34(2)(b) of the Legal Practice Act, 28 of 2014 (the Act) Chambers.: The Pinnacle | Suite 702, 7th Floor Corner Strand, Burg & Castle Streets | Cape Town, 8001 Tel.: +2721 111 0090 Email.: [email protected] (Email Service) High Court Box 115 Ref.: M22081/Schüler To: THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT HIGH COURT CAPE TOWN And to: VANESSA GAIL SCHÜLER (Respondent) Ruby Estate, Gems 5 Unit 4, Burgundy Estate CAPE TOWN ________________________O0O___________________
- the Transferring Attorneys shall retain the sum equal to the outstanding debt of the former joint estate of the parties referred to in clause 3.1.3 of the Consent Paper (the debt), which was made an Order of the Regional Court for the Regional Division of the Western Cape, held in Cape Town, on 24 October 2023, under case number 165/2023 (the divorce Order) and utilise it to settle the debt;
- The Transferring Attorneys shall retain an amount equal to the sum of all payments made by the Applicant and/or debited from his Standard Bank Account calculated from 01 November 2023, which was used to pay the Respondent’s half of the debt, and reimburse the Applicant therewith on behalf of the Respondent;
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Child Maintenance Court Appeals and the Law
Posted on by Telelaw
Updated: 16 April 2020
New regulations have been issued on 16 April 2020. Click on the link below: The material change is that you do not have to have a court order or a parental responsibilities and rights agreement or parenting plan, registered with the family advocate. Possession of a birth certificate or certified copy of a birth certificate is now also allowed.Update: 07 April 2020
NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020)Latest Directives by the Minister of Social Development regarding the movement of children during the National Lockdown (30 March 2020)
On 30 March 2020, the Minister of Social Development, Ms Lindiwe D Zulu, issued directives in order to prevent and combat the spread of the COVID-19. The directives in relation to parental contact are as follows: (m)Directions to contain the spread of COVID-19 in exercising the care and contact by persons who are co-holders of parental responsibilities and rights during the lockdown period (i) Movement of children between co-holders of parental responsibilities during the lockdown period is prohibited. This is to ensure that the child is not exposed to any possible infection whilst moving from primary caregiver premises to the other; (ii) The child must remain in the custody of the parent with whom the child was with, when lockdown period started; (iii) The parent who is not with the child during the lockdown period may, in order to maintain a personal relationship with the child, communicate on a regular basis with the child in any other manner, including telephone or any other form of electronic communication which may also include skype, WhatsApp or video call; (iv)Co-holders of parental responsibilities and rights must communicate with their child or children including communicating what COVID-19 is and the temporary precautionary measures that are applied to contain the spread of COVID-19. Click here to download the directives from the Government site. Below are images are the directives.

Update: 07 April 2020
NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020)
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