ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney

Posted on by Telelaw

ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney

Related Post

How to win your child custody (care) and access (contact) court case – Tips and Tricks

Purchase a Consultation with us from our Online Shop, by clicking here. Legal matters concerning children are never simple. There is no manual that one can pull out for answers. This is so because all matters concerning a child are different. This is where the wisdom of experts becomes of use. What follows are some of the tips and advice-child-maintenance-child-custody-divorcetricks provided by Advocate Muhammad Abduroaf, a family law expert with more than a decade of experience on family law, divorce, child custody and child maintenance matters. Read on to find out some tips and tricks of the trade. Valuable advice is given on what to do through the child custody court process. Visit here for tips and tricks on how to win your child maintenance case. All families are different, with their own dynamics, challenges and issues. A 10-year-old child in one case with living conditions, parents, siblings and mental development would be different than that of another child. All that one has to work with is the concept of a child’s best interests. That is the challenge. How do you determine what is in the child’s best interest? Well luckily, that is for the experts to decide. The Social Worker, Psychologist or Judge would have to make the call. What this article does is provide some tips and tricks on how to present a case that the experts would more than likely follow.

Parental Responsibilities and Rights

Child custody is only one aspect of a parent’s Parental Responsibilities and Rights. There are a few articles written by Advocate Muhammad Abduroaf on the topic of Parental Responsibilities and Rights. A simplified definition would be that Parents have an obligation to look after the child, feed and care for him or her, and the right to have contact and a say over the child’s life. Due to the concept of parental responsibilities and rights being so broad, this article would deal with the term, custody. Please note that a better legal term for custody would be care, and for access would be contact. However, for simplicity, we shall use the terms custody and access to children.

What mistakes parents make

There is a range of mistakes parents makes when dealing with child custody matters. This article deals with the most common mistakes made.

Badmouthing the other parent

When a couple is together, either through marriage, or a romantic relationship, their shortfalls are not an issue. For example, if a father occasionally smokes marijuana, or has shady friends and family, the mother did not have an issue with it when she met him and even had a child with him. However, when they break up, then she has a lot to say about his character. advice-child-maintenance-child-custody-divorceWhere in the past she had no problem with the father taking their child out with his friends, and now she does not want the father to even see the child. If the father is truly a danger to the child, then of course, the factor is relevant. But it would be a waste of time to focus too much on issues you were aware of before the child was conceived, and now make an issue of it.

Saying the father cannot have contact due to not paying adequate or no child support

Child support is the right of the child. And every child should obtain adequate child support from both his or her parents. However, if a parent does not pay child support, that is no reason alone to refuse him contact. Or, should he pay more child support, he would receive more contact. Maybe there are legitimate reasons why he cannot pay child support or the amount the parent wants. Maybe what the mother is claiming is excessive etc. Be that as it may, if a parent does not pay child support, the maintenance court should be approached for assistance. Should a parent refuse the other parent contact to his or her child due to not paying child support, notwithstanding the non-paying parent having parental responsibilities and rights to have contact with that child, the refusing parent is clearly showing a disregard for the law and what is in the minor child’s best interests.

Stop paying child support due to being refused contact

As stated, each parent should maintain their child according to their means. If one parent refused another parent contact; this does not afford you the right to not pay child support. You should not withhold child support, but pay it and approach the relevant court or authority for assistance and relief. This would show that you are a reasonable parent knowing what is in the child’s best interests. This the court would find favourable in your child custody case. Purchase a Consultation with us from our Online Shop, by clicking here.

Only now the father wants to have contact

There are many reasons why a father who did not play an active role in a child’s life in the past can now play such a role. This would generally be in the child’s best interests. Whatever issue the parents had in the past, should not affect the child’s right to form part of his or her parent’s lives. However, this is a very strong pill to swallow. Many a time, a mother cared for a child alone, since birth, rearing her, educating her etc., and fifteen years later, the father wants to come on the scene, and show off to the world what an awesome daughter he has. However, whatever the facts are, if a parent now wants to form part of a child’s life and it would not harm the child and be in his or her best interests, then the law would enforce that right. Therefore, the focus should not be placed on the fact that the father was an absent parent, but more on is his entry in the child’s life and in her best interests.

Other examples of mistakes parents make in child custody cases

There are many examples of mistakes parents make in child custody cases. As each case is different, a trivial factor in one case may be the deciding factor in another case. The trick is, focus on what is best for the child holistically. The judge will only give you so much time to present your case, so use it wisely.

What to focus on in Child Custody Cases

Holding what was stated above, now we need to deal with some tips on how to win your (and not lose) child custody case. Most of it is common sense, but which is often times overlooked.

Outline why you can care for the child better than the other parent

It is very important to focus on your capabilities as a caregiver. Can you care for the child better than the other parent can? You can’t just say so, you need to prove it. And how do you do that? The past is always a good starting point. State how you cared for the child since birth up until now. Demonstrate your parenting skills with how you nursed your child to health, made her get good grades. If you show that you have cared well for your child, the court would not change the primary caregiving roles very easily

Outline the problems that would arise if the court does not follow your custody recommendations

The court is limited to what you tell it. In other words, do not take for granted that the Court knows certain facts. Also, do not think that the court would feel sorry for you or sympathise with you and guess the facts in your favour. If the facts are not stated on record, you cannot presume the court knows it. Therefore, whatever information that is relevant, state it either in your affidavit or in court should you testify.

Get experts to assess and agree with you

The courts most of the time, follow the recommendations of experts. The judge, magistrate, and the attorneys and advocates are lawyers and are only skilled and trained in law. A social worker or psychologist who assessed the matter would come from the right angle and advise the court accordingly. Therefore, try to get the situation assessed by an expert.

Final words on Child Custody Cases

As each child custody case is different, a case by case assessment needs to be made as to what facts are relevant. The focus is on relevance and not on fighting personal battles with the other party. That would get you nowhere. Focus on what is in the child’s best interests and you will win your case.

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option). advice-child-maintenance-child-custody-divorceYou may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please share it on Social Media. Should you require any other legal services and advice, not related to family law, visit Private Legal. Or click here for the details of Cape Town Advocate, Muhammad Abduroaf. Purchase a Consultation with us from our Online Shop, by clicking here.
Posted on by Telelaw

Tax and UIF Frequently Asked Questions

Do you have question regarding Tax and UIF? Feel free to post your questions below. What follows are samples questions that you might have in relation to your tax and UIF affairs.

Can you file your taxes on your own? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? How do you do your taxes for free? Can I file my taxes online? Is it safe to do your taxes online? Where can you get tax forms? What you need to do your taxes? How long does it take for you to do your taxes? How do you pay income tax if you are self employed? What is a person who does taxes called? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? How much should I earn to submit a tax return? Is SARS open on weekends? How much do you need to earn to pay tax in South Africa? What do you need to take to SARS? What does the tax number look like? What is a tax number? How do I register for e-filing? What is the use of SARS E-filing? What is the tax reference number? How many numbers are in a tax number? Is SARS call Centre number toll free? What is meant by provisional tax? How do you know what your tax return will be? How long will it take me to do my taxes? What you can claim on your taxes? What are the documents required to file income tax return? Can you file your taxes on your own? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? What is your taxable income? How do you calculate tax? How long does it take to get your tax refund? How do you figure out your taxable income? How do I get my tax return? How does a tax right off work? What is the income tax percentage? What is an income tax refund? How much is tax on income? What is the income tax? What are the tax rates for 2018? How do you calculate the tax rate? How much is tax when you buy something? What percentage of your income goes to taxes? How do you figure out the tax on a total? How much does the average South African pay in taxes every year? How much is the tax on food? How do you figure out property tax? How do you take taxes out of your paycheck? How do you do a 20% tip? How do I collect my tax return? What is the difference between a tax return and a tax refund? How do you owe taxes? Can I get tax refund in South Africa? How can I get a copy of my taxes? Do you get your money back from taxes? How far can you go back on your taxes? What is the meaning of income tax refund? How do you know what your tax return will be? How do you file your tax return? How much tax do you pay if you earn R10000 a month? How much does it cost to file taxes with SARS? How do you calculate tax? What is your taxable income? Can I file my 2015 taxes in 2018? Does SARS owe me money? Why do you get a tax refund? How long does it take to get your tax refund? What is it called when you get your tax money back? How many years do you have to file a tax return? How long does it take to get your tax refund in the bank? How long does it take to get your tax refund direct deposit? What is the tax return? What is the estimated tax payment? What is the meaning of tax threshold? What is a SARS tax return? How many days will take for SARS to refund? What is a payroll withholding tax? How do we calculate taxable income? How much money do you have to make before you have to pay taxes? Can you go to jail for not filing a tax return? How long can you go without filing a tax return? What happens if you forget to file taxes? How far can SARS go back on unfiled tax returns? How do I get my tax return? How does a tax refund work? How do you do tax deductions? How can I get a copy of my taxes? How do you know what tax bracket you re in? How do you calculate the tax rate? How do you calculate tax? What is your taxable income? What is taxable income and how is it determined? What is not taxable income? What is an example of an income? Is taxable income and net income the same thing? How salary is taxed in South Africa? What is the taxable income on the income statement? How do you calculate UIF? How much should I earn to submit a tax return? How much tax do you pay for PAYE? How do I calculate my hourly rate from my salary in South Africa? How much do you need to earn before paying tax? How much salary we have to pay income tax? When you have to pay tax? How long does it take to get your UIF money? How much money do you have to make before you have to pay taxes? What is the current tax year in South Africa? What percentage of salary is UIF? How do you figure out your taxable income? What is the maximum amount that can be deducted for UIF? How much money do you get from unemployment? How do you calculate your unemployment benefits? Can you get UIF if you resign? How do you know how much you will get for unemployment? How much does UIF pay out on maternity leave? What do I need to apply for UIF? How do you register as a work seeker? How long after retrenchment can I claim UIF? Can you claim unemployment if you abscond? Can you claim UIF if you go on pension? How do I pay UIF for my domestic worker? When can you claim UIF in South Africa? How do you figure out your severance pay? What is a reasonable severance package? How do you calculate severance package? How do they calculate severance pay? How much tax is deducted from severance pay? How much do you get in a severance package? How is a lump sum severance payment taxed? How is a severance package paid out? Can you negotiate a severance agreement? What do you get in a severance package? Are severance payments taxable income? When an employee is terminated? Is a severance package required by law? What is the statutory redundancy pay? Do you get a severance package if you get laid off? What is a tax preparer called? What you need to do your taxes? How do you pay income tax if you are self employed? How do you benefit from the taxes you pay? What is a tax return? Can you file your taxes online? How do u start your own tax service business? Can you use an auditor to file for previous years of tax?

Posted on by Telelaw

Do you require a video legal advice consultation?

Click here and schedule one today!