Parental responsibilities and care during the coronavirus lockdown in South Africa

Posted on 11 February 2025 by Telelaw

How do I strategies my child maintenance case? I am struggling to grasp how to approach my maintenance matter. Please give me some advice?
As with any legal matter where you have a dispute, you need to have a strategy or a plan to be successful. Without a strategy or plan, you are just hoping for the best. However, hope does not steer a boat to shore. There are some, and in most cases, a lot of work, planning and thinking. Let’s face it, the other party or parent in your legal matter also has a plan or strategy. Suppose they put the necessary energy into executing it for the intended results, or at least more than what you are putting into it; their results will favour them much more. That is so, despite all the hope you put into it.
Understand the maintenance laws and how it works
But before we move on, with any plan or strategy, comes knowledge. It would do little good if you did not research how child maintenance works, the legal process, and what outcomes are possible. With all the information online, it is expected that you would watch some online videos on child maintenance and read some of the many articles on the topic. Knowledge is key, and that is what is going to get you through your case.
What are the basic principles in a child maintenance matter?
We would not say child maintenance matters are simple. Very few, if any, legal matters are simple. But anyone can learn. However, if you are guided by the principle that the maintenance amount payable is based on what the child costs, you are getting somewhere. That is your starting point and stay focused on that. Not what the parents earn or what they own. That is secondary. It does not mean that if a parent earns R 50 000 – 00 a month, that they should pay R 10 000 – 00 a month, despite the child costing R 1 000 – 00 a month. At best, the most the parent would pay is R 1 000 – 00. It would help if you worked from the ground up.
You need to focus on two words, “reasonable”, and “necessary.”
The child’s expenses must be reasonable and necessary for you to convince a Court to allow those expenses. In other words, force a parent to contribute towards it. In determining what is reasonable and necessary, one would look at what the child needs for daily living and whether that falls within the standard of living of the parents and the child. For example, if the parents are modest salary earners, living in humble homes, and were brought up in the same way, then that would be what the minor child would be entitled to when calculating child maintenance. If the parents never had ponies as pets, then a pony would not amount to a reasonable and necessary expense for the minor child. However, it is up to you to explain to the court why an expense is “reasonable” and “necessary”. If you can do so for a pony, then you did a good job.
Look at the means or money available in the maintenance equation
The principle one must move towards is that parents have to contribute towards the minor child based on their means. Remember, their contribution is firstly based on what the child costs and not what the earnings and wealth of the parents are. Then we need to look at what the parents can afford. Now affordability is not only based on your income, but also on your assets. If a parent does not have an income but owns expensive assets, then that has to be taken into account. Think of it this way – a parent can convert that asset into money by selling the asset.
Remember, parents have to live as well (They also have expenses)
It is not that simple just to take the gross or net salary of the parent and then work out the maintenance payable from there, based on the needs of the child. If that was the case, then maintenance matters would be resolved much quicker. Parents have expenses that need to be factored into the equation. Hold that in mind all the time because that principle applies to you. Therefore, in order for a parent to earn a salary to pay child support, he or she needs to eat at work, buy clothes for work, travel to work and so on. Circumstances need to be assessed on what they are and not what one hopes them to be. If the parents cannot afford for the child to be enrolled at a specific school, then that is what one must accept and be happy with a less expensive school for your child.
Analyse the situation from all angles
Once you have analysed the situation, take stock of the fact that all factors need to be looked at. You need to focus on what is reasonable. Reasonability applies to all aspects of the child maintenance equation. This includes the reasonable needs of the minor child, considering the income and means of the parents. When focusing on the child, determine whether or not his or her expenses are reasonable considering the standard of living and your position in life. Does the child need everything, or are there some items that you now require seeing that the child is older or circumstances have changed?
Are the parents spending reasonably?
Look at your situation and that of the other parent as well. Is it reasonable for him or her to spend R 2000 – 00 on fuel to go to work when he or she can take public transport? This is so even though this parent earns R 6000 – 00 a month. This must be considered in conjunction with what the needs of the child are. If the parent says he or she cannot afford to pay half the school fees, which is a reasonable amount, then one needs to question whether under the circumstances using up a third of your income for fuel is reasonable, where after you are unable to pay towards your child’s school fees.
Create arguments to support your point of view
Remember, you need to convince the maintenance court that what you are requesting as child support is reasonable. Reasonable based on the facts before the court or at hand, and not what one party wishes it to be. And those facts are also your income, expenses, as well as that of the other parent. Let us not forget the standard of living. This is important as we all want what is best for our children. However, not all families can afford to send their children to the most expensive schools. For many, it is not sustainable. On the other hand, parents should contribute toward their minor children, which is fair and reasonable. What is fair and reasonable is determined based on the information and facts at hand. Furthermore, what is fair and reasonable for one family will definitely not be fair and reasonable for another family. This is so despite both families having the same number of children and ages. All families and children are unique. In conclusion, if you understand the above general principles, you would find it easier to deal with and handle your child maintenance case. You will focus on what is necessary in order to be successful. Good luck with your maintenance matter.

Posted on 11 February 2025 by Telelaw

I am an unmarried mother. I want to take my child with me on a holiday overseas, but the biological father of my child does not want to give consent and co-operate. What are my, and our child’s rights for a passport and to visit the United Kingdom?
South Africa is one of the most beautiful countries in the world. We have mountains, seas, forests, lakes, and dams. It is the ideal holiday destination, and a countless number of people flock to our shores every year. But now and again, South Africans want to leave our borders and go on holiday to another country. For this, one usually only requires an air ticket, passport, and a visa. And of course, some money. Now the process of traveling overseas would be simple if you are an adult going on your own, or with another adult.
What if a single parent wants to travel overseas with a minor child?
But what if you want to travel overseas with your minor child? When we say minor child, we refer to a child under the age of 18 years old. Under normal circumstances, both parents would co-operate in applying for a visa and a passport for the minor child. But what if this is not the case? What if one parent does not want to consent to the minor child going overseas with the other parent? Let us explore the issues and laws involved.
The parenting scenario – unmarried parents and the child
Let’s say a couple had a child together and they are now separated. They were never married. The father was actively involved in the child’s life since the child’s birth. He paid child maintenance regularly and visited the child often. However, when the child was three (3) years old, he had challenges in obtaining regular contact with the minor child.
Father approaches the Children’s Court
The father then approaches the children’s court and he was awarded reasonable contact. This entailed him having the minor child every second weekend and a half of the school holidays. Telephone and special days’ contact were also incorporated in the Court Order.
The mother approaches the maintenance court
The mother then took the father to the maintenance court, as according to her, the amount he was currently paying was not enough. The matter was then resolved and it was ordered that the father pays for all the minor child’s school fees and medical costs. He also had to make a cash contribution which increased each year by 10%.
Father approaches the domestic violence court
The mother was not happy with the child maintenance amount that was ordered by the Court. The father remarried and his wife was expecting a child. He then approached the maintenance court for a reduction in child maintenance. At the time, the mother also inherited a large sum of money. Arguments arose regarding maintenance, and the mother approached the Domestic Violence court for a Protection Order. The parties, however, managed to resolve the issue. The maintenance order was ultimately reduced and the mother never proceeded with the Domestic Violence Court matter.
Things go well after the parties were tired of litigating against each other
The parties were now tired of litigating against each other. Contact and maintenance payments went well for years. Whenever the mother required consent for something where a co-guardian had to consent for, the father would provide it. For example, the application and enrolment for the minor child into a primary school. The relationship between the parent and the father went well for many years as well.
The Mother wishes to take the minor child with her to the United Kingdom
The child is now 10 years old, and the mother wants to take him with her on a holiday to the United Kingdom to visit the child’s maternal grandparents. This would take place during the mother’s half of the school holidays as per the Children’s Court Order. The last time either the mother or the child saw the maternal grandparent was 5 years ago. This was when the grandparents visited South Africa.
The father refuses to give his consent for the minor child to travel
The mother can afford to pay for both the minor child and her air ticket to the United Kingdom. Accommodation is also not an issue as they will be staying at the maternal grandparents. There are two problems. The child does not have a passport and the father does not want to consent to the minor child going with the mother on holiday overseas. His reason for refusing is because he believes the child is too young to travel overseas. Now let us unpack the parental rights of unmarried parents. Is he allowed to do that?
Parental rights and responsibilities of unmarried parents?
Before we can advise on the scenario above, we first need to unpack the law. The first issue is, that of what are parental responsibilities and rights of parents? Thereafter, we must outline what the parental responsibilities and rights of unmarried mothers and fathers are. As can be seen from the scenario above, the two issues are those of an application for a passport, and for the child to go overseas. Section 18 of the Children’s Act deal with Parental responsibilities and rights. It states the following: 18 Parental responsibilities and rights (1) A person may have either full or specific parental responsibilities and rights in respect of a child. (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right- (a) to care for the child; (b) to maintain contact with the child; (c) to act as guardian of the child; and (d) to contribute to the maintenance of the child. (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must- (a) administer and safeguard the child’s property and property interests; (b) assist or represent the child in administrative, contractual and other legal matters; or (c) give or refuse any consent required by law in respect of the child, including- (i) consent to the child’s marriage; (ii) consent to the child’s adoption; (iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport; and (v) consent to the alienation or encumbrance of any immovable property of the child. (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3) (c). From the above, it is clear, if a parent has parental responsibilities and rights, he or she must consent for the application for a passport, and the minor child to travel overseas.
What are the Parental responsibilities and rights of unmarried mothers?
Now let us unpack the law regarding parental responsibilities and rights of unmarried mothers as per our scenario above. This is where section 19 of the Children’s Act comes into play. It states:
19 Parental responsibilities and rights of mothers
(1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child. (2) If- (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child. (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement. It is clear from the above, that irrespective of whether a child’s mother gave birth in wedlock, or out, she has full parental responsibilities and rights over the minor child. Does the biological father have the same rights?

What are the Parental responsibilities and rights of unmarried fathers?

This is the question of law the father in our scenario wants to know. What are his parental responsibilities and rights as he was not married to the mother? This is where section 20 of the Children’s Act comes into operation. It states the following:

21 Parental responsibilities and rights of unmarried fathers

(1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child- (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or (b) if he, regardless of whether he has lived or is living with the mother-

consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law;
(ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and
(iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.

(2) This section does not affect the duty of a father to contribute towards the maintenance of the child. (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person. (b) Any party to the mediation may have the outcome of the mediation reviewed by a court. (4) This section applies regardless of whether the child was born before or after the commencement of this Act. Looking at our scenario and the law above, it is clear that this father has full parental responsibilities and rights in respect of the minor child. This is so as he actively took part in the child’s life since his birth. He also paid maintenance since his son’s birth.

What are the rights of the father in this scenario?

From the facts and law outlined above, it is clear that the mother requires the father’s consent to apply for the minor child’s passport and for him to travel with her overseas. The father, therefore, has the right to refuse consent. However, what can the mother do if she believes it is in the child’s best interest to travel with her overseas? This we deal with next.

What can the mother do if the father refuses to give consent?

Section 18(5) of the Children’s Act quoted above states: Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3) (c). This means that the Court may be approached for the necessary consent. If the court feels that it would be in the minor child’s best interest to obtain a passport and to travel overseas, the court would so order it. Read this article written by us dealing with the latter court application.

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Posted on 11 February 2025 by Telelaw

Looking for Family Legal Services in Sunnydale – Child Maintenance, Child Custody, Visitation Rights and Divorce
Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.
Family Legal Advice Consultancy
We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Sunnydale area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Sunnydale

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Sunnydale – Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to:

And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:

Child Maintenance

Child Custody

Divorce and Property

So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Sunnydale

Are you residing in Sunnydale and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Sunnydale area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7^th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:

Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
We urge potential clients to read their email well as well as the terms and conditions within the email.
Only once payment has been made, will the face to face legal consultation be confirmed.
Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.

Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Free legal products if you live in Sunnydale

Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:

You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!

Posted on 11 February 2025 by Telelaw

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