My marriage has broken down. I want to find the best divorce lawyer (Attorney or Advocate) in South Africa for my case. How do I do it?

1. Ask for Recommendations:

   • Seek recommendations from friends, family, or colleagues who have gone through a divorce or have legal knowledge.
   • Consult with other professionals you trust, such as accountants, therapists, or even other lawyers.

2. Online Research:

   • Use online legal directories and platforms that provide information about lawyers in South Africa.
   • Read reviews and testimonials from previous clients to gauge the lawyer’s reputation.

3. Bar Councils or Law Societies:

   • Contact the Law Society of South Africa, Legal Practice Council, or the provincial bar association. They can provide a list of qualified divorce lawyers, attorneys or advocates.

4. Consult with Multiple Lawyers:

   • Schedule consultations with several divorce lawyers to discuss your case and assess their expertise and approach.
   • Inquire about their experience in handling divorce cases, especially those similar to yours.

5. Check Credentials:

   • Verify the lawyer’s credentials, including their education, licensing, and any additional certifications.
   • Confirm their specialization in family law or divorce cases.

6. Consider Experience:

   • Choose a lawyer with substantial experience in divorce and family law. An experienced lawyer is likely to be familiar with local laws and court procedures.

7. Communication Style:

   • Assess the lawyer’s communication style during the initial consultation. Choose someone who listens to your concerns, explains legal matters clearly, and is responsive to your questions.

8. Fee Structure:

   • Discuss the lawyer’s fee structure during the consultation. Ensure you understand how they charge for their services, including any additional costs.

9. Client References:

   • Ask the lawyer for references from previous clients. Speaking with individuals who have worked with the lawyer can provide valuable insights into their professionalism and success rate.

10. Check Disciplinary Record:

    • Check with the relevant bar association to ensure the lawyer doesn’t have a history of disciplinary actions or complaints.

11. Trust Your Instincts:

    • Trust your instincts when choosing a lawyer. If you feel comfortable and confident in their abilities during the consultation, it’s likely to be a good fit.

These are general search terms to use when searching for a divorce lawyer for you:

1. “Top divorce lawyer in South Africa”

2. “Experienced divorce attorney Johannesburg”

3. “Best family law firm Cape Town”

4. “Skilled divorce lawyer Pretoria”

5. “Leading divorce attorney Durban”

6. “Expert family law services in South Africa”

7. “Top-rated divorce lawyer Bloemfontein”

8. “Highly recommended divorce attorney Port Elizabeth”

9. “Trusted family law firm in South Africa”

10. “Specialized divorce services Gauteng”

11. “Proven track record divorce lawyer South Africa”

12. “Top divorce attorney Western Cape”

13. “Experienced family law advocate East London”

14. “Best divorce lawyer in Durban”

15. “Leading family law firm in Pretoria”

16. “Expert divorce attorney in Johannesburg”

17. “South Africa’s top-rated family law services”

18. “Trusted divorce lawyer in Eastern Cape”

19. “Experienced family law attorney in Bloemfontein”

20. “Best divorce representation in South Africa”

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Welkom Children’s Court

Family law legal matters can be very stressful. This is so whether you live in Welkom or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.

This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Welkom. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Welkom or any other city in South Africa.

What to do before visiting the Welkom Children’s Court

Before you approach the Children’s Court in Welkom, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Welkom has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Welkom Children’s Court for assistance.

TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.

Approaching the Welkom Children’s Court

The Welkom Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Welkom Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.

Once you arrive at the Welkom Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.

In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:

• PART A: PARTICULARS OF CHILD(REN)
• PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
• PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
• PART D: PARTICULARS OF MATTER

In part D, the following is stated which you need to provide in the form:

• Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
• Documents: Are there any documents relating to the matter? (If so please attach)

Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Welkom.

TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.

Processing your Application at the Welkom Children’s Court

Once you complete the Form A and submit it to the Clerk of the Welkom Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.

TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.

Appearing in the Welkom Children’s Court

When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:

• Get a social worker involved in the matter;
• Appoint a legal representative for the minor child;
• Implement interim care and contact arrangements;
• Having the parties attempt to agree on a parenting plan;
•  

In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.

TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.

Finalising the matter in the Welkom Children’s Court

Once the Welkom Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.

TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.

The above Welkom Children’s Court Application tips should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha

Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Welkom, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester