I require a law firm to assist me in my Children’s Court matter in South Africa

What are your contact details?

If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:

• Tel.: 021 111 0090
• Email.: [email protected]

The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:

High Court matters

• Civil claim surrounding money;
• Interdicts;
• Divorces (Opposed and unopposed);
• Child Custody and guardianship disputes;
• Relocation of minor children;
• Various criminal matters;
• Minor children surname changes;
• Appeals and Reviews; and
• Other matters.

Magistrates Court matters

• Civil claim surrounding money;
• Various criminal matters;
• Interdicts;
• Maintenance Court matters;
• Divorces Court matters (Opposed and unopposed)’
• Children’s Court matter; and
• Other matters.

Constitutional Court

• Appeals

Supreme Court of Appeal

• Appeals and Reviews

We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Written by Kouthar Sambo

We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email.

According to the court roll of the Western Cape High Court, there were twenty-one (21) uncontested divorces to be heard today. There are approximately fifty-five Magistrate’s Courts in the Western Cape and these various Regional Magistrates’ Courts, which also deals with divorces, but does not provide statistics to the public online. Other than certain days during the year when the Western Cape High Court has its recess period; uncontested divorces are heard on a daily basis. Earlier this month, on the 5^th of October 2016, there were thirty-two (32) uncontested divorces in the Western Cape High Court, court roll.  This was during the recess period. According to Advocate Muhammad Abduroaf, a Family Law Expert, a divorce can be placed on the unopposed divorce roll after ten (10) working days have lapsed since the defendant has been served with the divorce summons: “If a spouse is served with a divorce summons and does nothing for ten (10) days, the attorney for the Plaintiff would set the matter down for hearing soon thereafter. However, should the Defendant in the divorce proceedings defend the matter, it may still be settled. In such a case, a settlement agreement or consent paper gets entered into the matter. From there onward, the matter may be placed on the unopposed divorce roll for hearing. If there are children involved, the Office of the Family Advocate should first enforce the consent paper or settlement agreement,” reiterated Abduroaf. He further added that divorces in the High Court can be costly as one will require an Attorney and an Advocate. Furthermore, an uncontested divorce could cost as much as R 15 000 – 00.  “A more cost effective option would be to have it done in the Regional Court where there would be assistance from the clerks of the court,” says Abduroaf. In the event of a big or complicated joint estate, with minor children involved, he advises that you enlist the services of an attorney to attend to your divorce, even if it would be uncontested. 26 August 2016, marked a whopping thirty-one (31) uncontested divorces on the Western Cape High Court, court roll – leaving us with quite an amount of uncontested divorces for one day. Furthermore, there could be many reasons for so much divorces in one day: one of which is that the legal representatives of the parties, or the divorce parties themselves, were only available on that particular day. September 2016 reveals a modest highest amount of uncontested divorces in a single day for the past three (3) months, with the highest amount of divorces taking place on 2 September 2016, amounted to twelve (12). What’s your take on the divorce rate in South Africa? We would love to hear from you!

Sharing is Caring

The best way to deal with your relocation of minor children case in South Africa

Relocation matters involving minor children are distinctly different from typical care and contact arrangements, necessitating a nuanced understanding of the legal implications and emotional consequences involved. One primary distinction is that relocation is treated as a one-time order rather than a situation subject to trial periods, which may be available in care and contact cases. Once a child relocates, the parent with custodial authority cedes most of the control and decision-making power regarding the child’s upbringing and daily life. This transition is particularly significant when the relocation involves moving to another country, as the parent remaining in the original location will subsequently have no physical contact with the child. Future contact will primarily depend on the logistics of visitation, with visits occurring either when the parent travels to the child’s new location or when the child visits the non-relocating parent.

Do you reseach and be preparied

To secure the most favourable outcome in a relocation dispute, it is essential for the relocating parent to construct a compelling case that clearly articulates how the relocation serves the best interests of the minor child involved. This requires comprehensive research and due diligence to substantiate claims about the prospective advantages of the move. For example, it is crucial to thoroughly investigate various educational institutions in the new location to ascertain whether suitable placements are available and to demonstrate a commitment to the child’s educational development. Additionally, the relocating parent must ensure that they have arranged appropriate housing in the new location, as stable accommodation is a vital aspect of providing a nurturing environment for the child.   Furthermore, the parent should also consider employment opportunities and financial stability in the new location. Presenting a well-researched plan that includes job prospects and potential income sources can bolster the case by illustrating the ability to provide for the child’s needs in a new setting.   Ultimately, thorough preparation and a deep understanding of both the legal context and the child’s needs are critical in relocation matters. The relocating parent should be prepared to address any questions or concerns that may arise throughout the process. If the other parent expresses opposition to the relocation, the informed responses and comprehensive information gathered can be leveraged to support the case before the court, thereby laying the groundwork for a compelling argument in favour of the relocation. This proactive approach not only enhances the chances of a successful relocation outcome but also underscores the relocating parent’s commitment to prioritizing the child’s well-being in their new environment. If you wish to schedule a consulation with use, please comple the form below: