Cape Town, visitation rights, child custody, child maintenance, divorce

Posted on by Telelaw

Cape Town, visitation rights, child custody, child maintenance, divorce

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Custody cases South Africa

Our law offices are situated in the heart of the CBD in a professional, safe settings. We are family legal experts when it comes to handling child custody, divorce and child maintenance legal matters. Throughout our years of experience, we have found that the legal rules for child custody tends to favor the mother, unless the mother happened to be unstable. [caption id="attachment_4243" align="alignleft" width="300"] Call: 0211110090
Email: [email protected][/caption] As time passed, the rules have changed and in turn, accommodates for the rights of fathers as well. With different circumstances constantly arising in custody battles; the law have had to adapt under these changing priorities as well. Today, fathers are more aware of their legal rights and make it their duty to educate themselves about their rights. Our Lawyer Pty Ltd is a professional legal consultancy that offers legal services and to cater for the layman, we have managed to compile a range of child custody legal articles with expert legal advice. Simply click on the links below: Feel free to call our law offices today and have our friendly receptionist make an online appointment for you. Are you residing out of Cape Town? No problem Simply make use of national number on 087 701 1124 today.

Child custody for fathers

As previously mentioned, child custody rights are usually awarded to the father if the mother happens to be an alcoholic or substance abuser. Times however, have proven that there’s no hard and fast rule when it comes to awarding custody rights. The court will decide within the best interest of the child whilst the Children’s Act will be used as a guideline by legal experts on the way forward. [caption id="attachment_4241" align="alignleft" width="300"] Call us on 0211110090
Email: [email protected][/caption] At the end of the day, the relationship between the parents plays a crucial role as both parents will need to reach a mutual agreement. A parenting plan is a common way of helping the estranged parents find a common ground. This agreement can be changed along the way as the circumstances or nature of the situation changes. Father however, should have equal access to their child and should be able to have visitation rights as well.

Parental rights in South Africa

The court can grant an order that can limit parental responsibilities and rights, depending on the nature or circumstance of the matter of course. However, when the court does make these changes, they will consider what’s in the child’s best interests. [caption id="attachment_4268" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] When terminating parental responsibilities and rights, the court will:
  • What is best for the child rather than parents
  • The relationship between the child and guardian
  • The dedication the guardian has shown to taking care of the child and
  • Other factors that may be relevant to the court.
For more on your parental rights and child custody legal advice, call our law offices today and have an online appointment made for you for a professional legal consultation. Connect with us today!
Posted on by Telelaw

Relocation with my minor child to the United States of America, New York (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. Relocation of your minor child to New York, the United States of America If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor child or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Cape Town or Johannesburg, and you want to relocate to Miami or New York, the United States of America, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent does not agree to the relocation. What about Passport Consent to travel or relocate to New York, the United States of America? The same applies when it comes to your minor child applying for a South African passport to relocate to the United States of America, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application. In this regard, both parents have to be at the Department of Home Affairs when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to co-operate with the passport application. What are the steps to follow when I want to relocate to New York, the United States of America with my minor child? To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa. What can I do if the other parent does not want to consent to the minor child’s relocation to the United States of America? If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to New York, the United States of America, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to New York, the United States of America. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate, the Court would make it possible despite the issue of consent. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to New York, the United States of America? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to New York, the United States of America – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to New York, the United States of America, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessarily to make the relocation of the minor child possible.

Posted on by Telelaw

I want to get a divorce from my spouse. I am not happy. What are frequently asked divorce questions in South Africa?

What is the cheapest way to get a divorce in South Africa?

  • The least expensive method for obtaining a divorce in South Africa is through an uncontested divorce, where both parties agree on all terms.

How long does it take for a divorce in South Africa?

  • The duration of a divorce process in South Africa varies, but on average, it takes about 2 to 4 months to finalize an uncontested divorce. Contested divorces may take longer due to legal proceedings.

What is the wife entitled to in a divorce in South Africa?

  • In a divorce in South Africa, the division of assets and spousal support is determined by various factors, including contributions to the marriage. There is no fixed entitlement for the wife, as each case is unique.

How much is an uncontested divorce in South Africa?

  • The cost of an uncontested divorce in South Africa depends on factors such as legal fees and sheriff expenses. It can range from a few thousand to several thousand rand.

How can I get a quick divorce in SA?

  • Opting for an uncontested divorce, where both parties agree on terms, and having all necessary documents prepared and submitted promptly can expedite the divorce process in South Africa.

Who pays for divorce fees in South Africa?

  • The responsibility for covering divorce fees in South Africa is typically shared between the spouses, but the specific arrangement may vary based on the agreement reached during the divorce proceedings.

Can I divorce my husband without him knowing in South Africa?

  • No, a divorce in South Africa requires legal notice to the other party. The spouse must be properly served with divorce papers, ensuring they are aware of the proceedings.

Can I divorce without my partner?

  • While divorce generally involves both parties, if your partner refuses to participate, you may proceed with a divorce, but it could become a contested case, potentially prolonging the process.

How long do you have to be separated before divorce is automatic in South Africa?

  • There is no automatic divorce in South Africa solely based on separation.

Who loses more in a divorce?

  • The impact of divorce varies, and there is no definitive answer to who loses more. Both spouses may experience emotional, financial, and lifestyle changes as a result of divorce.

What will I lose if I get divorced?

  • Depending on how you are married, in a divorce, assets, property, and debts are typically divided between spouses. The specific outcomes depend on various factors, including the legal agreements reached during the divorce proceedings.

Am I responsible for my husband’s debts if we divorce in South Africa?

  • Only if you were married in community of property.

What is the cheapest way to get divorced?

  • The most economical way to get divorced is through an uncontested divorce, where both parties agree on terms, reducing legal fees and court costs.

How do I start a divorce process?

  • To initiate a divorce process in South Africa, you typically need to consult with an attorney, who will guide you through the necessary steps, including filing a summons at the appropriate court.

How long does a free divorce take?

  • While a free divorce might refer to a DIY or uncontested divorce with minimal legal fees, the duration varies, but it may take around 4 to 8 months on average.

Who suffers the most in a divorce?

  • The emotional and financial impact of divorce can affect both spouses, and the degree of suffering varies based on individual circumstances.

Is divorce bad for finances?

  • Divorce can have financial implications, potentially leading to the division of assets and increased living expenses. However, careful planning and legal guidance can help minimize the financial impact.

How do I protect myself financially from my spouse?

  • To safeguard your financial interests in a divorce, consult with a divorce attorney, gather financial documentation, and consider reaching a fair settlement through negotiation or mediation.

How to get a free divorce in South Africa?

  • While a completely free divorce may be challenging, you can reduce costs by opting for an uncontested divorce, using DIY divorce kits, or seeking legal aid if you meet the eligibility criteria.

How can I get a quick divorce online?

  • Online divorce services may provide a quicker process for uncontested divorces. Research reputable online platforms, follow their procedures, and ensure all necessary documentation is submitted promptly.

How can I avoid divorce at all costs?

  • Avoiding divorce involves open communication, seeking counseling if needed, and addressing issues early on. However, it’s essential to recognize situations where divorce may be the best option for all parties involved.

Can you get divorced without going to court in South Africa?

  • No, one party would need to go to court to provide evidence.

Can you get divorced at Home Affairs?

  • No, Home Affairs does not handle divorces in South Africa. Divorces are filed and processed through the legal system, with the involvement of the appropriate court.

Who should file for divorce first in South Africa?

  • Either spouse can initiate divorce proceedings in South Africa. The decision on who files first often depends on individual circumstances and legal strategies.

Can I get divorce papers online in South Africa?

  • Yes, online platforms and legal services can provide divorce documents in South Africa. Ensure that the chosen service is reputable and complies with the country’s legal requirements.
Do I need a divorce certificate/Order to remarry in South Africa?
  • Yes, you need a divorce certificate/Order to remarry in South Africa. This document serves as proof that your previous marriage has been legally dissolved.

What are the stages of divorce?

  • The stages of divorce typically include filing a summons, responding to the summons, negotiations or court proceedings, and the finalization of the divorce decree.

What happens if one person in a marriage doesn’t want a divorce?

  • If one person opposes the divorce, it may become a contested case. The court will assess the reasons for opposition and make decisions based on legal principles.

What happens if one person says no to divorce?

  • If one party refuses to consent to the divorce, the case may become contested. The court will then evaluate the grounds for divorce and make decisions accordingly.

What if I don’t want a divorce but my husband does?

  • If one spouse wants a divorce and the other does not, it may lead to a contested case. Legal proceedings will follow to address the disagreement and determine the outcome.

Where do I go to get divorce papers in South Africa?

  • You can obtain divorce papers from an attorney, legal aid services, or reputable online platforms that specialize in providing legal documents for divorce in South Africa.

Posted on by Telelaw

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