Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town

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Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town

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Divorce Court Cape Town

Divorce is an emotional, whip-lashing experience for every family. Each divorce is governed by its own set of rules and values. Many times, the manner in which a divorce is settled is influenced by tradition and religion. Having said that, a Hindu couple for instance, may get married by a Priest and a Muslim couple may get married by an Imam. Even so, due to the complex nature of child custody and child maintenance matters, these couples may have to settle matters in court. [caption id="attachment_4360" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] Divorces are most likely to take place in the High Court.  This can be a dreadful, costly process – needless to say a legal drag caused by pending divorces on court rolls waiting to go on trial. Fortunately, the Regional Court of the Magistrate Court also deals with divorces which lessens the divorce cases dealt by the High Court.

Uncontested divorce in South Africa

There are two types of divorces which calls for different divorce processes:
  • Contested or opposed divorce and
  • the uncontested or unopposed
[caption id="attachment_4362" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] We are able to have your uncontested / unopposed divorce done in as little as four weeks without the whole legal drag. A contested divorce on the other hand, can take years. An uncontested divorce simply means that both parties agrees with the terms and conditions of the divorce as well as the attorney. On the other hand, a contested divorce take place when parties are not on the same page and cannot find a mutual ground. Because of this, the divorce will have to undergo significant stages such as pleadings, trial applications, trial, judgment and so forth. For more information on divorce, click on the following links below: Feel free to call our offices and have your online appointment made for you for a professional legal consultation today. See our legal services for price listings. [caption id="attachment_4363" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] Bear in mind that a legal consultation will have to take place first before any legal advice can be given. It is only through the legal consultation that the legal expert will know what the legal matter is all about.

Questions to ask a divorce Attorney on first visit

During your legal consultation with us, you may have many questions about the forward with your divorce. The legal expert will clarify all your questions. The most common questions we often faced with are:
  • Your legal rights regarding the divorce
  • Maintenance matters
  • Child custody matters
  • How long does it take to get a divorce?
  • How long does it take for a divorce to be finalized?
  • Splitting of assets
  • Protection order in a case of violence and abuse etc
[caption id="attachment_4364" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] All of the above are relevant questions to the matter at hand and should be addressed head on with the guidance of the family law legal expert.

How do I go about a divorce in South Africa?

The high court will grant a divorce order after. For the Regional Court of the Magistrate, you will need to serve a summons before starting the divorce process. [caption id="attachment_4385" align="alignleft" width="300"] Call our offices on: 0211110090
Email: [email protected][/caption] At Our Lawyer Pty Ltd, we have dealt with a number of divorce matters with different circumstances. Depending on the nature of the divorce, the family legal expert will be assessing the situation and then advise you on the best way forward. Our Legal expert has years of experiences in divorce, child maintenance and child custody legal matters. For a good Attorney or legal expert, feel free to call our offices for an online appointment for a legal consultation.  We are conveniently situated in the heart of the buzzing CBD – you can find us at Suit 702, 7th Floor, The Pinnacle on the corner of Strand and Burg Street, Western Cape, South Africa. Feel free to visit us at our offices in a safe, central setting and enjoy professional, confidential, legal consultations at its best.

Online divorce South Africa

Technology is of a dynamic nature which is why we have moved with the times. We have recently introduced our modern, online operation. Efficiency and convenience is our main objective for the layperson. [caption id="attachment_4390" align="alignleft" width="300"] Call our offices on: 0211110090
Email: [email protected][/caption] Should you be residing out of the South Africa, consulting with us will not be a problem. We are able to conduct legal consultations online, face to face or Skype / video call. We have now recently introduced our national contact number which caters for those residing out of Cape Town. Our online appointment system is efficient and gets you in the swing of an easy step to having your legal consultation with the legal expert. Simply call our offices today and have your online appointment made for you!
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Child Custody, Contact rights and more – Children’s Act 38 of 2005

This article gives a  short introduction to the Children’s Act.

The Children’s Act 38 of 2005 was a very welcomed piece of legislation. It assists us in answering many issues relating to Family Law. For example. What are the rights of unmarried fathers? Do I as a father of a child born out of wedlock have rights? Do I as a father of a child born in terms of a religious marriage have rights?

Parents who are involved in disputes regarding their children should educate themselves on the provisions of the Children’s Act.

Challenges for unmarried fathers

In our view, unmarried fathers almost always experienced difficulties regarding access to their children if they were separated from their mother. What is even worse, is if a couple was married in terms of religion or custom, and not civilly (e.g. in Court), and the parties separated, where the unmarried father’s position would be the same as that of an unmarried father who was never married to the mother religiously or customary.

Rights of Unmarried Fathers in South Africa

However, if a party was married civilly and divorced, the Divorce Court in the past would deal with the issue of care and contact in relation to the minor children. The usual phrase used was that the mother would have custody over the child, with the father having rights of reasonable access. The position has however improved with the inception of the Children’s Act 38 of 2005 for both divorced and unmarried fathers. As outlined below, an unmarried father would have rights over a child, akin to that of a married father, as long as certain conditions are met.

The persistent problem for unmarried parents

However, in our view, based on the custody and contact matters we dealt with since the inception of the Act, mothers are still seen as primary caregivers in practice, and if the mother does not want the father to have contact or care with the child or a say in his or her life, the father would still have to follow the procedures in the Act to give effect to his rights. Sometimes, approaching the Court is the only solution. However, on the whole, the Children’s Act 38 of 2005, is a step in the proper direction for unmarried fathers, and children born out of wedlock. We hope it would improve even more.

The coming into effect of the Children’s Act 38 (Act 38 of 2005)

All sections of the Children’s Act 38 (Act 38 of 2005) came into effect on 1 April 2010. The Children’s Act 38 of 2005 brought many changes regarding the responsibilities and rights of parents and children and also deals with other aspects regarding children, e.g. contraceptives and abortion, etc. Interesting to note are the following sections listed below, there are however others depending on your issues.

Parental responsibilities and rights

Section 18 of the children’s act 38 of 38 2005 states the following: (1) A person may have either full or specific parental responsibilities or rights in respect of a child. (2) The parental responsibilities and rights that a person may have in respect of a Child, include the responsibility and the right- (a) To care for the child; (b) To maintain contact with the child; (c) To act as guardian of the child; and (d) To contribute to the maintenance of the child. (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must (a) Administer and safeguard the child’s property and property interests; (b) Assist or represent the child in administrative, contractual and other legal Matters; or (c) Give or refuse any consent required by law in respect of the child, including- (I) consent to the child marriage (ii) Consent to the child adoption; (iii) Consent to the child departure or removal from the Republic; (iv) Consent to the child application for a passport; and (v) Consent to the alienation or encumbrance of any immovable property of the child. (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). We shall now deal with what the Children’s Act of 2005 says the meaning of care and contact are, which are not the traditional words used in the past. In the past, the courts and the legal fraternity used the terms custody and access. This was reflected in divorce papers. Now legal documents use the terms care and contact although some might disagree, it is respectfully submitted that custody is an aspect of care and the Children’s act provides broader responsibilities and rights in this regard.

Meaning of Care in the Children’s Act

The Children’s Act 38 of 2005 defines care as follows: Care in relation to a child, includes, where appropriate- (a) Within available means, providing the child with- (i) a suitable place to live; (ii) Living conditions that are conducive to the child’s health well-being and development; and (iii) The necessary financial support; (b) Safeguarding and promoting the well-being of the child; (c) protecting the child from maltreatment, abuse, neglect, degradation, discrimination, exploitation and any other physical, emotional or moral harm or hazards; (d) respecting, protecting, promoting and securing the fulfilment of, and guarding against any infringement of, the child rights set out in the Bill of Rights and the principles set out in Chapter 2 of this Act; (e) guiding, directing and securing the child education and upbringing, including religious and cultural education and upbringing, in a manner appropriate to the child age, maturity and stage of development; guiding, advising and assisting the child in decisions to be taken by the child in a manner appropriate to the child age, maturity and stage of development; (g) Guiding the behaviour of the child in a humane manner; (h) Maintaining a sound relationship with the child; (I) accommodating any special needs that the child may have; and (j) Generally, ensuring that the best interests of the child is the paramount Concern in all matters affecting the child;

Meaning of Contact in the Children’s Act

According to the Children’s Act 38 of 2005, contact means the following: Contact in relation to a child, means- (a) Maintaining a personal relationship with the child; and (b) If the child lives with someone else- (I) communication on a regular basis with the child in person, including- (AA) visiting the child; or (Bb) being visited by the child; or (ii) Communication on a regular basis with the child in any other manner, Including- (AA) through the post; or (Bb) by telephone or any other form of electronic communication; It is my view that the Children’s Act 38 of 2005 attempts to place greater value to contact between parent and child. There are many sections in the Children’s Act 38 of 2005 that deals with parental responsibilities and rights of parents and children. Get hold of the Act and see how it applies to you. If you are an unmarried father and your rights are being limited by the mother of the child, I advise you to contact a family legal practitioner and discuss your rights with him or her. And to all unmarried fathers out there, fight for your rights as a father, this would be in the child’s best interest.

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