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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 advice-child-maintenance-child-custody-divorcetricks 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. advice-child-maintenance-child-custody-divorceWhere 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). advice-child-maintenance-child-custody-divorceYou 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.
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Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Seshego Children’s Court

 

Family law legal matters can be very stressful. This is so whether you live in Seshego 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 Seshego. 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 Seshego or any other city in South Africa.

What to do before visiting the Seshego Children’s Court

Before you approach the Children’s Court in Seshego, 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. Seshego 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 Seshego 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 Seshego Children’s Court

The Seshego Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Seshego 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 Seshego 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 Seshego.

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 Seshego Children’s Court

Once you complete the Form A and submit it to the Clerk of the Seshego 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 Seshego 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 Seshego Children’s Court

Once the Seshego 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 Seshego 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, Seshego, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

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Appeals and Reviews – How does it work?

Appeals in court cases typically involve requesting a higher court to review a decision made by a lower court. For example, approaching the High Court to review the decision in the Magistrates Court matter. The process usually begins with filing a notice of appeal, outlining the grounds for the appeal and providing the necessary documents to support the case.

The appellate court will then review the lower court’s decision and determine whether any errors were made. If successful, the appellate court may either overturn the decision, order a new trial, or modify the original ruling. It’s important to seek legal assistance to navigate the complexities of the appeals process effectively. If you need legal assistance with appeals or reviews, consider reaching out to a qualified attorney or advocate for guidance.

 

Getting Legal Assistance with Appeals

If you require legal assistance or representation with your appeal matter, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

 

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