Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
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Looking for Family Legal Services in Sea Point – 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 Sea Point 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 Sea Point
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 Sea Point – 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:- 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
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
- How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
- Child Maintenance Question. How much should I pay or contribute as a p
- Child Support or maintenance claims. Does an unemployed father pay?
- Non-compliance with Maintenance Orders — Civil and Criminal Remedies
- Tricks and tips on how to win your child maintenance case
Child Custody
- The Law Regarding Children – The Children’s Act 38 of 2005
- 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?
- How do I get full custody over my child?
- Parental Child Abuse in Custody Cases
- Relocate with minor child. Parent Refusing Consent for a Passport
- Father being refused contact to his child! What are his rights as a Father?
- Father’s Parental Responsibilities and Rights to his Child
- Urgent Access to your Children without a Lawyer
- Parenting Plans and the Law
- What happens in a custody dispute where one parent is mentally ill?
- How to win your child custody and access court case – Tips and Tricks
- Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?
Divorce and Property
- How to Change your Matrimonial Property Regime
- Do your own Unopposed Divorce. No lawyers needed and its Free.
- Parental Rights of Divorced Muslim parents after a Talaq or Faskh
- Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
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 Sea Point Are you residing in Sea Point 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 Sea Point 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, 7th 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 Sea Point
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:- Free Basic Will Tool Kit
- Free Shariah Will Template
- Free Divorce Starter Tool Kit
- Free Child Maintenance Calculator
- Free DIY Urgent Child Contact Toolkit
- Urgent Holiday Contact Toolkit
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 by Telelaw
I am not happy with the Court’s decision. I believe it was unfair. What can I do? Can I take the decision on Appeal to the High Court, Supreme Court of Appeal, or the Constitutional Court?
If you have an issue that can best be resolved through a court of law, then instituting legal proceedings is what you must do. This would apply if someone owed you money, you have a dispute regarding your rights, or you want to have access to your child. If you were a party to a legal matter that was adjudicated in a Court of Law in South Africa, and you are not happy with the outcome, you have a right to appeal the decision. This article deals broadly with the issue of appeal to the High Court, Supreme Court of Appeal, or the Constitutional Court. Please note the appeal process from the Magistrate’s Court to the High Court is different from that of the High Court to the Supreme Court of Appeal and the Constitutional Court. Therefore, only take this article as a guide. Consult with an attorney or advocate should you require more, and specific information relating to your case.Trial or Application Court Decision:
The legal process typically begins with a trial or application court, where a judge or magistrate makes a decision on a case. This would be the court of first instance.Notice of Appeal:
If a party is dissatisfied with the decision of the court of first instance, they may file a notice of appeal within a specified time frame, indicating their intention to appeal. This document should be well drafted as the appeal court, court of first instance, and the parties involved would need to know what is the basis for your appeal.Obtaining the Record of Proceedings:
The appellant (party filing the appeal) must obtain a complete record of the proceedings from the trial court. This record includes the transcripts, evidence, and other relevant documents. Basically, the appeal court would determine whether the court of first instance erred in its judgment based on the information before it.Preparation of Appeal Documents:
The appellant, through legal representation, prepares the necessary appeal documents, which typically include a notice of appeal, a concise statement of the grounds of appeal, and other relevant documents.Filing the Appeal:
The appeal documents are filed with the appropriate appellate court, along with the required fees.Service on the Other Party:
The appellant is usually required to serve a copy of the appeal documents on the other party or parties involved in the case.Respondent’s Answering Affidavit:
The respondent (the other party) may file an answering affidavit responding to the grounds of appeal.Heads of Argument:
Both parties submit written arguments (heads of argument) outlining their legal positions to the court before the appeal hearing. This would assist the appeal court when dealing with the case.Appeal Hearing:
The appellate court conducts a hearing where both parties present their arguments. The court may ask questions, and the parties or their legal representatives may respond.Judgment:
The appeal court delivers a judgment either immediately after the hearing or at a later date. The judgment may affirm, set aside, or modify the decision of the trial court.Further Appeals:
In some cases, there may be the possibility of further appeals to higher courts, such as the Supreme Court of Appeal or the Constitutional Court, depending on the nature of the case. It’s crucial to consult with a legal professional or refer to the latest legal resources for the most up-to-date and accurate information on the appeal process in South Africa. Legal procedures can change, and specific details may vary depending on the type of case and the court involved. If you are unhappy with a court decision and require legal assistance regarding a possible appeal, feel free to contact us for assistance.
Posted on by Telelaw
Family Law is specialised field of law. It is always best to obtain the services of the best lawyer for your matter – Cape Town
What follows are some questions regaring family law lawyers, costs and procedures and guidlines.At what age can a child refuse to see a parent in South Africa?
In South Africa, there is no specific legal age at which a child can categorically refuse to see a parent. However, the courts typically consider a child’s wishes regarding contact with a parent more seriously as they get older. General Guidelines:- Age of Maturity: Generally, around the age of 12, children’s views are given greater weight in custody and contact decisions. However, this does not mean they can unilaterally decide to refuse contact.
- Best Interests of the Child: The primary consideration in family law is the best interests of the child. If a child expresses a desire not to see a parent, the reasons behind this wish will be evaluated.
- Professional Input: Courts may involve child psychologists or social workers to assess the situation and the child’s perspective.
Ultimately, while a child’s wishes are important, the decision regarding contact will depend on the overall circumstances and the court’s assessment of what is in the child’s best interests.What do I do if I do not have money to afford the services of an attorney?
If you can’t afford an attorney in South Africa, there are several options available to you:- Legal Aid South Africa: This government agency provides free legal assistance to those who qualify based on income and the type of legal issue. You can visit their website or contact a local office for more information.
- Pro Bono Services: Many attorneys offer pro bono (free) services for those in need. You can check with local law firms, bar associations, or platforms like ProBono.org to find lawyers willing to take on your case.
- Legal Clinics: Universities often have legal aid clinics staffed by law students under the supervision of qualified attorneys. These clinics can provide free legal advice and assistance.
- Community Organizations: Some NGOs and community organizations offer legal assistance or can help connect you with pro bono lawyers.
- Self-Representation: If your case is straightforward, you might consider representing yourself. Many courts have resources and guides to help individuals navigate the legal system.
- Payment Plans: If you find an attorney who is willing to help but you can’t afford their fees upfront, ask if they offer payment plans or sliding scale fees based on your income.
Make sure to explore these options as soon as possible, as legal issues often have time constraints.Is an advocate higher than a lawyer?
The terms “advocate” and “lawyer” can have different meanings depending on the legal system in question. Generally, a lawyer is a broad term that refers to anyone who is qualified to practice law, while an advocate often specifically refers to a lawyer who represents clients in court. In some countries, an advocate may hold a higher or more specialized status, focusing on courtroom representation and litigation. In others, the terms might be used interchangeably. It really depends on the jurisdiction and its legal definitions!Which type of lawyer gets paid the most in South Africa?
In South Africa, corporate lawyers typically earn the highest salaries, particularly those working for large law firms or in-house at major corporations. Other high-paying specialties include:- Mergers and Acquisitions (M&A): Lawyers involved in high-value transactions can command significant fees.
- Tax Law: Experts in tax law are often sought after for their specialized knowledge.
- Litigation: Senior litigators, especially those with a strong track record, can also earn substantial salaries.
Compensation can vary widely based on experience, location, and the specific firm or company.What are South African lawyers called?
In South Africa, lawyers are generally referred to as “attorneys.” Those who represent clients in court are specifically called “advocates.” The legal profession in South Africa is divided into these two main categories: attorneys handle legal matters and client relationships, while advocates primarily focus on litigation and courtroom representation. This distinction is similar to the barrister/solicitor system found in some other countries.How much can a lawyer charge for a case in South Africa?
In South Africa, lawyer fees can vary significantly based on several factors, including the type of case, the lawyer’s experience, and the complexity of the matter. Generally, lawyers may charge:- Hourly Rates: These can range from about R1,000 to R5,000 or more per hour, depending on the lawyer’s experience and specialization.
- Fixed Fees: For certain types of cases, such as drafting wills or conveyancing, lawyers might offer fixed fees.
- Contingency Fees: In some civil cases, lawyers may work on a contingency basis, charging a percentage (often around 25% to 35%) of the settlement amount.
- Retainer Fees: Some lawyers require a retainer, which is an upfront fee that covers initial legal services.
It’s always best for clients to discuss fees upfront and clarify any potential costs associated with their case.How much is the expert witness fee in South Africa?
In South Africa, expert witness fees can vary widely depending on the expert’s qualifications, experience, and the complexity of the case. Generally, expert witnesses might charge:- Hourly Rates: These can range from R1,000 to R5,000 or more per hour, depending on the field of expertise and the expert’s reputation.
- Daily Rates: Some experts may charge a flat daily rate, which could be anywhere from R5,000 to R20,000 or higher.
- Preparation Fees: Experts may also charge for time spent preparing reports or consultations, which is often billed separately.
It’s important for clients to discuss and agree on fees in advance to avoid any misunderstandings later on.Who pays for advocates in South Africa?
In South Africa, the party that hires an advocate typically pays their fees. Here are some common scenarios:- Private Clients: If an individual or business hires an advocate directly, they are responsible for covering the advocate’s fees.
- Attorneys: Advocates are usually retained by attorneys on behalf of their clients. In this case, the client pays the attorney, who then pays the advocate.
- Legal Aid: If a client qualifies for legal aid, the legal aid organization may cover the advocate’s fees.
- Costs Orders: In some cases, if a party wins a case, the court may order the losing party to pay the legal costs, including the advocate’s fees, as part of the judgment.
It’s essential for clients to clarify fee arrangements in advance, regardless of the scenario.How much child maintenance should a father pay in South Africa?
In South Africa, child maintenance amounts are not set by a fixed formula but depend on various factors, including the needs of the child and the financial capabilities of the parents. Key considerations include:- Income of Both Parents: The combined income of both parents is considered to determine what is reasonable for the non-custodial parent to contribute.
- Child’s Needs: This includes costs for food, clothing, education, healthcare, and extracurricular activities.
- Living Arrangements: The living situation of both parents and the child can also influence maintenance amounts.
- Court Orders or Agreements: Maintenance amounts can be determined through a court order or a mutual agreement between parents.
While there’s no specific amount prescribed, some guidelines suggest that maintenance could range from 10% to 25% of the non-custodial parent’s net income, but this is just a general guideline and can vary widely. It’s advisable to consult a legal professional or mediator for a more tailored assessment based on individual circumstances.What happens if a father cannot pay maintenance?
If a father in South Africa cannot pay child maintenance, several potential consequences and options may arise:- Legal Consequences: Failing to pay maintenance can lead to legal action. The custodial parent can apply to the court for enforcement of the maintenance order, which might result in a garnishee order to deduct payments directly from the father’s salary.
- Modification of the Order: If a father genuinely cannot pay due to a change in circumstances (like job loss or reduced income), he can apply to the court to modify the maintenance order. This requires providing evidence of the changed financial situation.
- Criminal Charges: In some cases, willful neglect to pay maintenance can lead to criminal charges, including fines or imprisonment.
- Negotiation: It may be possible for the father to negotiate a temporary reduction in payments with the custodial parent, ideally formalized in writing or through a court order.
- Support Services: Seeking assistance from legal aid or social services can provide additional support and guidance on managing child maintenance issues.
It’s important for fathers facing financial difficulties to communicate openly and seek legal advice to navigate the situation appropriately.What rights does a father have in South Africa?
In South Africa, fathers have several important rights regarding their children, particularly in matters of custody, access, and maintenance. Key rights include:- Parental Rights: Fathers have the right to make decisions about their child’s upbringing, including education, health care, and religious upbringing, especially if they are married to the child’s mother or have legal acknowledgment of paternity.
- Custody and Access: Fathers can apply for custody or visitation rights if they are separated from the child’s mother. The courts prioritize the best interests of the child when making such determinations.
- Child Maintenance: Fathers have the right to request that the mother contributes to child maintenance, especially if they are the primary caregiver.
- Legal Representation: Fathers have the right to seek legal representation in matters relating to their children, including custody disputes and maintenance claims.
- Participation in Major Decisions: Fathers should be involved in significant decisions affecting their child’s life, such as schooling or medical treatment.
- Protection Against Unreasonable Actions: Fathers can seek legal recourse if they believe the mother is acting unreasonably regarding access or other parental rights.
How to get full custody of a child as a mother in South Africa?
To seek full custody of a child as a mother in South Africa, you’ll need to follow specific steps, keeping in mind that the court prioritizes the best interests of the child. Here’s a general outline of the process:- Understand Types of Custody: Familiarize yourself with the different types of custody—sole custody (full custody) and joint custody. Full custody means you have the exclusive right to make decisions regarding the child’s upbringing.
- Gather Evidence: Collect evidence that supports your case for full custody. This may include:
- Documentation of the child’s living conditions.
- Records of the child’s needs (educational, medical, emotional).
- Evidence of your involvement in the child’s life.
- Any instances of unfit parenting by the other parent (if applicable).
- Legal Advice: Consult a family lawyer who specializes in custody matters. They can help you understand your rights, prepare your case, and navigate the legal process.
- File an Application: Submit an application to the Family Court for custody. This typically involves:
- Completing the necessary court forms.
- Including your evidence and reasons for seeking full custody.
- Paying any applicable court fees.
- Attend Mediation: Courts often encourage mediation to resolve custody disputes amicably. Be prepared to discuss your preferences and the child’s best interests.
- Court Hearing: If mediation fails, a court hearing will be scheduled. During this time:
- Present your case, including evidence and any witnesses who can support your claim.
- The other parent will have an opportunity to present their case as well.
- Best Interests of the Child: The court will consider various factors to determine the best interests of the child, including:
- The emotional and developmental needs of the child.
- The child’s relationship with both parents.
- Each parent’s ability to provide for the child’s needs.
- Receive the Court Order: After the hearing, the court will make a decision and issue a custody order. If awarded full custody, you’ll have the legal authority to make decisions about the child’s life.
- Ongoing Compliance: Ensure compliance with the court order and maintain open communication with the other parent regarding the child’s welfare.
It’s essential to remain focused on the child’s best interests throughout the process. Legal advice is crucial to effectively navigate the complexities of custody cases.
- Documentation of the child’s living conditions.
- Records of the child’s needs (educational, medical, emotional).
- Evidence of your involvement in the child’s life.
- Any instances of unfit parenting by the other parent (if applicable).
- Completing the necessary court forms.
- Including your evidence and reasons for seeking full custody.
- Paying any applicable court fees.
- Attend Mediation: Courts often encourage mediation to resolve custody disputes amicably. Be prepared to discuss your preferences and the child’s best interests.
- Court Hearing: If mediation fails, a court hearing will be scheduled. During this time:
- Present your case, including evidence and any witnesses who can support your claim.
- The other parent will have an opportunity to present their case as well.
- Best Interests of the Child: The court will consider various factors to determine the best interests of the child, including:
- The emotional and developmental needs of the child.
- The child’s relationship with both parents.
- Each parent’s ability to provide for the child’s needs.
- Receive the Court Order: After the hearing, the court will make a decision and issue a custody order. If awarded full custody, you’ll have the legal authority to make decisions about the child’s life.
- Ongoing Compliance: Ensure compliance with the court order and maintain open communication with the other parent regarding the child’s welfare.
Posted on by Telelaw