Child custody appeals from the Children’s Court to the High Court of South Africa

This article deals with an appeal from the Children’s Court to the High Court. I’ve never been one to complain of my legal situation. The father of my daughter, and I have always had a cordial relationship. Until recently, the father of my minor child paid child support, and he would have contact with her regularly. However, what the father has done recently was approach the children’s court and make false allegations that I have been refusing him contact with his minor daughter. This was not to be done, and I could not allow him to continue lying to the court.

Our past relationship before approaching the Children’s Court

To give some context, the father of my minor child and I met 12 years ago. Soon after, I fell pregnant, and my minor child was born. The father was not involved much in the minor child’s life until soon after she was born. He only met the minor child for the first time when she was about seven months old. He saw her at least once a year until she started attending school. At this time, I approached him for child maintenance because he had not been paying adequate child maintenance for the minor child.

Approaching the Maintenance Court and the Children’s Court

We then approached the maintenance court, and the maintenance court ordered that he pay half the minor child’s school fees, place her on his medical aid, and pay a cash contribution towards her daily expenditure. At the same time, we also approached the children’s court, which assisted us in drafting a parenting plan. The father would see the minor child every second weekend from a Friday until late Sunday as well as one evening in the week. We would also share half the school holidays as well as special days. This would include the minor child‘s birthday, Father’s Day, Mother’s Day, and so on.

Father wanting every weekend with teh minor child

All went well regarding visitation until about a year ago. The father said I am limited his contact regarding the minor child. He wanted to have her on weekends with her as well. Me not agreeing to is, according to him, is refusing him contact. I told him that I also need time with the minor child on weekends. I already care for the child during the week. I attend to her homework and all her needs. At least two weekends a month, I require time to go out with her, take her to the beach, maybe watch a movie, and have some fun time together.

Father approaches the Children’s Court for a variation of the Parenting Plan

It is unfair that he should have the minor child every weekend and not take care of her during the week. Furthermore, the care and contact arrangement that is in place was finalised with the children’s court. I was therefore acting in terms of a court order. The father then approached the children’s court, and we had a hearing date. The matter proceeded to the children’s court magistrate, who heard both parties.

Decision of the Children’s Court

At the end of the enquiry, the children’s court made an order that the father may have the minor child in his care for three weekends per month. What the children’s court did not do was ask the minor child what the minor child wanted. Furthermore, it has not appointed a legal representative for the minor child. Lastly, there was no expert recommendation on this matter. For example, the children’s court did not appoint the office of all the family advocates, or are you a social worker to investigate this matter?

Appealing to the High Court regarding the Children’s Court decision

They failed to consider various factors and assistance from other parties that would assist the court in determining the minor child’s best interest. I then sought the assistance of an attorney, who advised me that I would need to appeal the children’s court’s decision. We then requested reasons for the children’s court decision. In short, the children’s court magistrate was of the view that the minor child does not need to spend so much time with me on the weekend, seeing that I am already caring for her during the week.

High Court dealing with the Appeal from the Children’s Court

The matter then proceeded to the High Court. The High Court took issue with the fact that the children’s court had not consulted with the minor child, has not obtained the assistance of the office of all the family advocates or a social worker, nor has the children’s court appointed a legal representative to the minor child to determine what the minor child’s view and wishes are. The High Court ordered that the care and contact arrangement that was in place should remain.

Possitive outcome of the Appeal to the High Court

I was thrilled that I took the matter to the High Court and appealed the children’s court decision. Had I not decided to take the magistrate to the children’s court on appeal, the father of the minor child would’ve had three weekends a month with the minor child and me only one. This, I believe, would have been unfair.

Assistance with an Appeal to the High Court, Supreme Court of Appeal or the Constitutional Court

Should you require assistance with an Appeal to the High Court, Supreme Court of Appeal or the Constitutional Court, feel free to connect with the firm of Adv. Muhammad Abduroaf.    

Looking for Family Legal Services in Zonnebloem– 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 Zonnebloem 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 Zonnebloem 

Legal Advice in Zonnebloem– Family law legal topics

• Child Maintenance
• Ante-nuptial Contact
• Change Matrimonial Property Regime
• Child Adoption
• Child Custody and Access
• Domestic Violence Protection
• Family Trust Registration
• Fast Unopposed Divorces
• Non-Compliance with maintenance orders
• Parenting Plans
• Postnuptial Contract Registration
• Pre-nikkah Agreement

Child Maintenance

1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
2. Child Maintenance Question. How much should I pay or contribute as a p
3. Child Support or maintenance claims. Does an unemployed father pay?
4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
5. Tricks and tips on how to win your child maintenance case

Child Custody

1. The Law Regarding Children – The Children’s Act 38 of 2005
2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
3. How do I get full custody over my child?
4. Parental Child Abuse in Custody Cases
5. Relocate with minor child. Parent Refusing Consent for a Passport
6. Father being refused contact to his child! What are his rights as a Father?
7. Father’s Parental Responsibilities and Rights to his Child
8. Urgent Access to your Children without a Lawyer
9. Parenting Plans and the Law
10. What happens in a custody dispute where one parent is mentally ill?
11. How to win your child custody and access court case – Tips and Tricks
12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

1. How to Change your Matrimonial Property Regime
2. Do your own Unopposed Divorce. No lawyers needed and its Free.
3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

• Divorce guide
• Sample High Court Summons
• Particulars of Claim
• Notice of Set Down

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

1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
3. 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.
4. We urge potential clients to read their email well as well as the terms and conditions within the email.
5. Only once payment has been made, will the face to face legal consultation be confirmed.
6. 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.

Free legal products if you live in Zonnebloem 

1. Free Basic Will Tool Kit
2. Free Shariah Will Template
3. Free Divorce Starter Tool Kit
4. Free Child Maintenance Calculator
5. Free DIY Urgent Child Contact Toolkit
6. Urgent Holiday Contact Toolkit

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Get to know more about our legal operation and enjoy our online appointment system for businesses and family legal expert advice. We offer business legal support and legal guidance where necessary for your convenience. Would you like some legal guidance on how to go about your business in the legal framework of things? Do not hesitate to call our law offices on 021 424 3487 for an online appointment to consult with the legal expert. We offer the following business legal services:

• Business Legal Support
• Business Legislation Compliance
• Drafting of Business Contacts
• Drafting Employment Contacts
• Business Legal Training
• Private and Non Profit Company Registrations
• Credit Profiles
• Business Trusts Registration

For more on our business legal support consultations, call our law offices on 021 424 3487 for an online appointment today. Once an online appointment has been made for any of the above legal services, a professional telephonic or face to face (depending on client preference), will be conducted with the legal expert himself. It is however, crucial to note that all of the above fixed costs includes expert legal advice from a well experienced legal expert – as well as the necessary service required such as drafting. Furthermore we will not be held responsible for any additional costs required outside the service we offer. Would you like some legal guidance on how to go about your business in the legal framework of things? Do not hesitate to call our law offices on 021 424 3487 for an online appointment to consult with the legal expert.

We offer the following business legal services:

• Business Legal Support
• Business Legislation Compliance
• Drafting of Business Contacts
• Drafting Employment Contacts
• Business Legal Training
• Private and Non Profit Company Registrations
• Credit Profiles
• Business Trusts Registration

Family legal Advice – Child Maintenance, Divorce and Child Custody

• Child Maintenance
• Ante-nuptial Contact
• Change Matrimonial Property Regime
• Child Adoption
• Child Custody and Access
• Domestic Violence Protection
• Family Trust Registration
• Fast Unopposed Divorces
• Non-Compliance with maintenance orders
• Parenting Plans
• Postnuptial Contract Registration
• Pre-nikkah Agreement

• Child custody visitation access- questions and answers
• Child custody frequently asked questions
• Father refused contact to his child. What are his rights?
• Father’s parental responsibilities and rights to his child.
• How do I get full custody over my child?
• Parental child abuse in custody cases- Cape Town
• What does it mean when you have primary residential custody?
• What happens in a case custody dispute when one parent is mentally ill?

1. How to Change your Matrimonial Property Regime
2. Do your own Unopposed Divorce. No lawyers needed and its Free.
3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
4. Free Online Divorce Assistance Form – DIY Cape Town South Africa

1. Divorce guide

• Sample of High Court Summons
• Particulars of Claim
• Notice of Set Down

Want to make a business appointment?

• Business Legal Support
• Business Legislation Compliance
• Drafting of Business Contacts
• Drafting Employment Contacts
• Business Legal Training
• Private and Non Profit Company Registrations
• Credit Profiles
• Business Trusts Registration