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Posted on 11 February 2025 by Telelaw

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 tricks 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.

Where 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).

You 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 11 February 2025 by Telelaw

Looking for Family Legal Services in Higgovale- 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 Higgovale 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 Higgovale

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 Higgovale– 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 Higgovale

Are you residing in Higgovale 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 Higgovale 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 Higgovale

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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