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Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Stellenbosch Children’s Court

Family law legal matters can be very stressful. This is so whether you live in Stellenbosch 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 Stellenbosch. 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 Stellenbosch or any other city in South Africa.
What to do before visiting the Stellenbosch Children’s Court
Before you approach the Children’s Court in Stellenbosch, 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. Stellenbosch 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 Stellenbosch 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 Stellenbosch Children’s Court
The Stellenbosch Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Stellenbosch 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 Stellenbosch 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 Stellenbosch.
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 Stellenbosch Children’s Court
Once you complete the Form A and submit it to the Clerk of the Stellenbosch 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 Stellenbosch 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 Stellenbosch Children’s Court
Once the Stellenbosch 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 Stellenbosch 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, Stellenbosch, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Stellenbosch Children’s Court Family law legal matters can be very stressful. This is so whether you live in Stellenbosch or any other city in South Africa. Especially so if you Continue Reading

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Vanderbijlpark.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Vanderbijlpark
Whether you claim child maintenance in Vanderbijlpark, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Vanderbijlpark.
The maintenance scenario – Vanderbijlpark South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
The Child is seven years old and attends school in Vanderbijlpark
The child is cared for by the mother who works in Vanderbijlpark
The mother works and earns a Salary of R 10 000
The father sees the child every second weekend. He also lives and works in Vanderbijlpark
The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
The father earns a reasonable salary and can afford the R 20 000 – 00 per month
The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Vanderbijlpark, it would be the maintenance court in Vanderbijlpark. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Vanderbijlpark, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Vanderbijlpark Maintenance Court?
Once you have been notified of the maintenance court date by the Vanderbijlpark Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Vanderbijlpark?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Vanderbijlpark Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Vanderbijlpark Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles 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, Vanderbijlpark, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Vanderbijlpark. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty Continue Reading

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Cape Town.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Cape Town
Whether you claim child maintenance in Cape Town, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Cape Town.
The maintenance scenario – Cape Town South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
The Child is seven years old and attends school in Cape Town
The child is cared for by the mother who works in Cape Town
The mother works and earns a Salary of R 10 000
The father sees the child every second weekend. He also lives and works in Cape Town
The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
The father earns a reasonable salary and can afford the R 20 000 – 00 per month
The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Cape Town, it would be the maintenance court in Cape Town. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Cape Town, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Cape Town Maintenance Court?
Once you have been notified of the maintenance court date by the Cape Town Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Cape Town?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Cape Town Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Cape Town Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles 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, Cape Town, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Cape Town. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their Continue Reading

[caption id="attachment_10841" align="alignnone" width="687"] Relocation consent Court Order for minor child to the United Kingdom – UK – Advocate Muhammad Abduroaf[/caption]
I want to relocate from South Africa to the United Kingdom with my minor child. The other parent does not want my child to relocate to the United Kingdom. What can I do?
The United Kingdom is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to the United Kingdom, if a minor child will be joining that parent and also relocating to the United Kingdom, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to the United Kingdom. Before we do so, let us list the various cities and towns in the United Kingdom to which you may want to relocate: England, Bath and North East Somerset (unitary authority), Bedford (unitary authority), Bedford (city), Blackburn with Darwen (unitary authority), Blackpool (town and unitary authority), Bournemouth (town and unitary authority), Bracknell Forest (unitary authority), Sandhurst (town), Brighton and Hove (unitary authority), Brighton (town and urban area), Hove (town and urban area), Bristol (city and unitary authority), Buckinghamshire (county), Aylesbury Vale (district), Aylesbury (town), Chiltern (district), Amersham (town), Chalfont St. Giles (town), South Bucks (district), Beaconsfield (town), Stoke Poges (town), Wycombe (district), High Wycombe (town and urban area), Marlow (town), Cambridgeshire (county), East Cambridgeshire (district), Ely (town), Fenland (district), Wisbech (town), Huntingdonshire (district), Huntingdon (town), Ramsey (town), St. Ives (town), South Cambridgeshire (district), Cambridge (city and district), Central Bedfordshire (unitary authority), Ampthill (town), Dunstable (town), Cheshire East (unitary authority), Congleton (town), Crewe (town), Knutsford (town), Macclesfield (town), Nantwich (town), Cheshire West and Chester (unitary authority), Chester (urban area), Northwich (town), Cornwall (unitary authority), Bodmin (town), Falmouth (town), Fowey (town), Helston (town), Launceston (town), Looe (town), Lostwithiel (town), Newquay (town), Penryn (town), Penzance (town), St. Austell (town), Saltash (town), Tintagel (village), Truro (city), Cumbria (county), Allerdale (district), Cockermouth (town), Keswick (town), Workington (town), Barrow-in-Furness (town and district), Carlisle (urban area, city and district), Copeland (district), Whitehaven (town), Eden (district), Penrith (town), South Lakeland (district), Grasmere (village), Kendal (town), Darlington (town and unitary authority), Derby (city and unitary authority), Derbyshire (county), Amber Valley (district), Belper (town), Bolsover (town and district), Chesterfield (town and district), Derbyshire Dales (district), Ashbourne (town), Matlock (town), Erewash (district), High Peak (district), Buxton, North East Derbyshire (district), South Derbyshire (district), Repton (village), Devon (county), East Devon (district), Axminster (town), Exmouth (town), Sidmouth (town), Exeter (city and district), Mid Devon (district), Crediton (town), North Devon (district), Barnstaple (town), Lynton and Lynmouth (town), South Hams (district), Dartmouth (town), Totnes (town), Teignbridge (district), Ashburton (town), Dawlish (town), Newton Abbot (town), Teignmouth (town), Torridge (district), Bideford (town), West Devon (district), Okehampton (town), Dorset (county), Christchurch (town and district), East Dorset (district), Wimborne Minster (town), North Dorset (district), Purbeck (district), Corfe Castle (village), West Dorset (district), Dorchester (town), Lyme Regis (town), Weymouth and Portland (district), Durham (unitary authority), Barnard Castle (town), Chester-le-Street (town), Durham (urban area), East Riding of Yorkshire (unitary authority), Beverley (town), Goole (town), East Sussex (county), Eastbourne (district), Hastings (district), Lewes (district), Lewes (town), Newhaven (town), Rother (district), Battle (town), Bexhill (town), Rye (town), Winchelsea (village), Wealden (district), Crowborough (town), Herstmonceux (village), Pevensey (village), Essex (county), Basildon (district), Braintree (town and district), Brentwood (town and district), Castle Point (district), Chelmsford (town and district), Colchester (town and district), Epping Forest (district), Chigwell (town), Harlow (town and district), Maldon (town and district), Burnham-on-Crouch (town), Rochford (district), Tendring (district), Harwich (town), Uttlesford (district), Saffron Walden (town), Gloucestershire (county), Cheltenham (town and district), Cotswold (district), Cirencester (town), Forest of Dean (district), Gloucester (city and district), Stroud (town and district), Tewkesbury (district), Tewkesbury (town), Winchcombe (village), Greater London (metropolitan county; See also London), Inner London, Camden (borough), Bloomsbury (neighbourhood), City of London (borough), Smithfield (area), City of Westminster (borough), Charing Cross (locality), St. Marylebone (neighbourhood), Soho (neighbourhood), Hackney (borough), Hammersmith and Fulham (borough), Haringey (borough), Islington (borough), Clerkenwell (neighbourhood), Kensington and Chelsea (borough), Lambeth (borough), Vauxhall (neighbourhood), Lewisham (borough), Newham (borough), Southwark (borough), Dulwich (neighbourhood), Tower Hamlets (borough), Limehouse (neighbourhood), Wandsworth (borough), Battersea (neighbourhood), Outer London, Barking and Dagenham (borough), Barnet (borough), Bexley (borough), Brent (borough), Bromley (borough), Croydon (borough), Ealing (borough), Enfield (borough), Greenwich (borough), Woolwich (town), Harrow (borough), Havering (borough), Hillingdon (borough), Hounslow (borough), Kingston upon Thames (borough), Merton (borough), Wimbledon (neighbourhood), Redbridge (borough), Richmond upon Thames (borough), Teddington (neighbourhood), Sutton (borough), Waltham Forest (borough), Greater Manchester (metropolitan county), Bolton (town and metropolitan borough), Bury (town and metropolitan borough), Manchester (city and metropolitan borough), Oldham (urban area and metropolitan borough), Rochdale (town and metropolitan borough), Salford (city and metropolitan borough), Stockport (urban area and metropolitan borough), Tameside (metropolitan borough), Trafford (metropolitan borough), Wigan (town and metropolitan borough), Atherton (town and urban area), Halton (unitary authority), Runcorn (town), Widnes (town), Hampshire (county), Basingstoke and Deane (district), Silchester (village), East Hampshire (district), Alton (town), Eastleigh (town and district), Fareham (town and district), Gosport (town and district), Hart (district), Havant (town and district), New Forest (district), Rushmoor (district), Test Valley (district), Andover (town), Romsey (town), Winchester (town and district), Hartlepool (town and unitary authority), Herefordshire (unitary authority), Hereford (city), Leominster (town), Ross-on-Wye (town), Hertfordshire (county), Broxbourne (district), Dacorum (district), Berkhamsted (town), Hemel Hempstead (town and urban area), East Hertfordshire (district), Bishop’s Stortford (town), Hertford (town), Ware (town), Hertsmere (district), North Hertfordshire (district), Letchworth (town), St. Albans (town and district), Stevenage (town and district), Three Rivers (district), Watford (town and district), Welwyn Hatfield (district), Hatfield (town), Welwyn Garden City (town and urban area), Isle of Wight (unitary authority), Carisbrooke (village), Cowes (town), Freshwater (town), Newport (town), Ryde (town), Ventnor (town), Isles of Scilly (independent administrative unit), Hugh Town (village), Kent (county), Ashford (town and district), Canterbury (town and district), Herne Bay (town), Whitstable (town), Dartford (town and district), Dover (district), Deal (town), Dover (town), Sandwich (town), Gravesham (district), Gravesend (town), Maidstone (town and district), Sevenoaks (district), Edenbridge (town), Shepway (district), Folkestone (town), Hythe (town), Lydd (town), New Romney (town), Swale (district), Faversham (town), Thanet (district), Broadstairs and St. Peter’s (town), Margate (town), Ramsgate (town), Tonbridge and Malling (district), Tunbridge Wells (town and district), Royal Tunbridge Wells (town), Kingston upon Hull (city and unitary authority), Lancashire (county), Burnley (town and district), Chorley (town and district), Fylde (district), Hyndburn (district), Lancaster (urban area and district), Pendle (district), Preston (city and district), Walton-le-Dale (neighbourhood), Ribble Valley (district), Rossendale (district), South Ribble (district), West Lancashire (district), Skelmersdale (town), Wyre (district), Leicester (city and unitary authority), Leicestershire (county), Blaby (district), Charnwood (district), Loughborough (town), Harborough (district), Market Harborough (town), Hinckley and Bosworth (district), Melton (district), North West Leicestershire (district), Oadby and Wigston (district), Lincolnshire (county), Boston (town and district), East Lindsey (district), Lincoln (district), North Kesteven (district), South Kesteven (district), Grantham (town), Stamford (town), South Holland (district), Crowland (village), West Lindsey (district), Gainsborough (town), Luton (town and unitary authority), Medway (unitary authority), Chatham (town), Gillingham (town), Rochester (town), Merseyside (metropolitan county), Knowsley (metropolitan borough), Huyton (former town), Liverpool (city and metropolitan borough), St. Helens (urban area and metropolitan borough), Sefton (metropolitan borough), Southport (town), Wirral (metropolitan borough), Birkenhead (town and urban area), Middlesbrough (town and unitary authority), Milton Keynes (town and unitary authority), Norfolk (county), Breckland (district), East Dereham (town), Thetford (town), Broadland (district), Great Yarmouth (town and district), King’s Lynn and West Norfolk (district), Castle Rising (village), King’s Lynn (town), Sandringham (village), North Norfolk (district), Norwich (city and district), South Norfolk (district), North East Lincolnshire (unitary authority), Cleethorpes (town and urban area), Grimsby (town), North Lincolnshire (unitary authority), Scunthorpe (town and urban area), North Somerset (unitary authority), Weston-super-Mare (town), North Yorkshire (county), Craven (district), Hambleton (district), Northallerton (town), Harrogate (town and district), Knaresborough (town), Ripon (city), Richmondshire (district), Richmond (town), Ryedale (district), Malton (town), Scarborough (town and district), Whitby (town), Selby (town and district), Northamptonshire (county), Corby (town and district), Daventry (town and district), East Northamptonshire (district), Oundle (town), Kettering (district), Northampton (town and district), South Northamptonshire (district), Wellingborough (town and district), Northumberland (unitary authority), Bamburgh (village), Bedlington (town), Cramlington (town), Hexham (town), Morpeth (town), Warkworth (village), Nottingham (city and unitary authority), Nottinghamshire (county), Ashfield (district), Bassetlaw (district), Worksop (town), Broxtowe (district), Beeston and Stapleford (urban area), Gedling (district), Mansfield (town and district), Newark and Sherwood (district), Newark-on-Trent (town), Rushcliffe (district), West Bridgford (town), Oxfordshire (county), Cherwell (district), Banbury (town), Bicester (town), Oxford (city and district), South Oxfordshire (district), Henley-on-Thames (town), Vale of White Horse (district), Wantage (town), West Oxfordshire (district), Burford (town), Peterborough (city and unitary authority), Plymouth (city and unitary authority), Poole (town and unitary authority), Portsmouth (city and unitary authority), Reading (town and unitary authority), Redcar and Cleveland (unitary authority), Rutland (unitary authority), Uppingham (town), Shropshire (unitary authority), Bridgnorth (town), Ludlow (town), Much Wenlock (town), Oswestry (town), Shrewsbury (town), Stokesay (village), Slough (town and unitary authority), Somerset (county), Mendip (district), Glastonbury (town), Wells (city), Sedgemoor (district), Bridgwater (town), Cheddar (village), South Somerset (district), Ilchester (town), Langport (town), Taunton Deane (district), Taunton (town), Wellington (town), West Somerset (district), Dunster (town), Minehead (town), South Gloucestershire (unitary authority), Badminton (village), Kingswood (urbanized area), South Yorkshire (metropolitan county), Barnsley (town and metropolitan borough), Doncaster (town and metropolitan borough), Adwick le Street (town), Rotherham (town and metropolitan borough), Sheffield (town, city, and metropolitan borough), Southampton (city and unitary authority), Southend-on-Sea (town and unitary authority), Staffordshire (county), Cannock Chase (district), East Staffordshire (district), Burton upon Trent (town and urban area), Lichfield (city and district), Newcastle-under-Lyme (town and district), South Staffordshire (district), Stafford (town and district), Staffordshire Moorlands (district), Tamworth (district), Stockton-on-Tees (town and unitary authority), Stoke-on-Trent (city and unitary authority), Suffolk (county), Babergh (district), Sudbury (town), Forest Heath (district), Mildenhall (town), Newmarket (town), Ipswich (town and district), Mid Suffolk (district), St. Edmundsbury (district), Bury St. Edmunds (town), Suffolk Coastal (district), Dunwich (village), Felixstowe (town), Woodbridge (town), Waveney (district), Beccles (town), Lowestoft (town), Surrey (county), Elmbridge (district), Epsom and Ewell (district), Guildford (town and district), Mole Valley (district), Dorking (town), Reigate and Banstead (district), Runnymede (district), Spelthorne (district), Staines (town and urban area), Surrey Heath (district), Tandridge (district), Waverley (district), Haslemere (town), Woking (district), Swindon (town and unitary authority), Telford and Wrekin (unitary authority), Telford (town and urban area), Thurrock (town and unitary authority), Tilbury (town), Torbay (unitary authority), Brixham (town), Tyne and Wear (metropolitan county), Gateshead (town and metropolitan borough), Felling (ward), Newcastle upon Tyne (city and metropolitan borough), Newburn (neighbourhood), North Tyneside (metropolitan borough), Wallsend (town), South Tyneside (metropolitan borough), Jarrow (town and urban area), South Shields (town), Sunderland (town and metropolitan borough), Washington (town), Warrington (city and unitary authority), Warwickshire (county), North Warwickshire (district), Nuneaton and Bedworth (district), Bedworth (town), Rugby (town and district), Stratford-on-Avon (district), Warwick (district), Royal Leamington Spa (town), Warwick (town), West Berkshire (unitary authority), Newbury (town), West Midlands (metropolitan county), Birmingham (city and metropolitan borough), Coventry (city and metropolitan borough), Dudley (metropolitan borough), Sandwell (metropolitan borough), West Bromwich (locality), Solihull (metropolitan borough), Walsall (metropolitan borough), Wolverhampton (metropolitan borough), West Sussex (county), Adur (district), Shoreham-by-Sea (town), Arun (district), Arundel (town), Bognor Regis (town), Chichester (district), Petworth (town), Crawley (town and district), Horsham (town and district), Mid Sussex (district), East Grinstead (town), Worthing (district), West Yorkshire (metropolitan county), Bradford (urban area, city, and metropolitan borough), Haworth (town), Keighley (town), Saltaire (village), Calderdale (metropolitan borough), Halifax (town and urban area), Todmorden (town), Kirklees (metropolitan borough), Dewsbury (town), Huddersfield (town and urban area), Leeds (urban area, city, and metropolitan borough), Wakefield (urban area, city, and metropolitan borough), Pontefract (town), Wiltshire (county), Amesbury (town), Bradford-on-Avon (town), Chippenham (town), Cricklade (town), Devizes (town), Malmesbury (town), Marlborough (town), Salisbury (city), Trowbridge (town), Westbury (town), Wilton (town), Windsor and Maidenhead (unitary authority), Ascot (locality), Bray (town), Eton (town), Maidenhead (town), Windsor (town and urban area), Wokingham (town and unitary authority), Worcestershire (county), Bromsgrove (district), Malvern Hills (town and district), Great Malvern (town), Redditch (town and district), Worcester (city and district), Wychavon (district), Broadway (village), Droitwich (town), Evesham (town), Wyre Forest (district), Kidderminster (town), York (city and unitary authority), Northern Ireland, Antrim and Newtownabbey (district), Antrim (town), Newtownabbey (district), Ards and North Down (district), Newtownards (town), Bangor (town), Armagh, Banbridge, and Craigavon (district), Armagh (city), Banbridge (town), Dromore (town), Craigavon (town), Lurgan (town), Belfast (city and district), Stormont (locality), Causeway Coast and Glens (district), Ballycastle (town), Ballymoney (town), Coleraine (town), Portrush (town), Limavady (town), Derry and Strabane (district), Londonderry (city), Strabane (town), Fermanagh and Omagh (district), Enniskillen (town), Omagh (town), Lisburn and Castlereagh (district), Lisburn (town), Mid and East Antrim (district), Ballymena (town), Carrickfergus (town), Larne (town), Mid Ulster (district), Cookstown (town), Dungannon (town), Magherafelt (town), Newry, Mourne, and Down (district), Downpatrick (town), Kilkeel (town), Newcastle (town), Newry (town), Scotland, Aberdeen (city and council area), Aberdeenshire (council area), Banff (town), Braemar (village), Cruden Bay (village), Peterhead (town), St. Fergus (village), Angus (council area), Arbroath (town), Brechin (town), Forfar (town), Glamis (village), Montrose (town), Argyll and Bute (council area), Campbeltown (town), Dunoon (town), Inveraray (town), Lochgilphead (town), Rothesay (town), Tarbert (village), Clackmannanshire (council area), Dumfries and Galloway (council area), Dumfries (town), Gretna Green (village), Kirkcudbright (town), Lochmaben (town), Whithorn (town), Dundee (city and council area), East Ayrshire (council area), Cumnock (town), Kilmarnock (town), Mauchline (village), East Dunbartonshire (council area), Kirkintilloch (town), Milngavie (town), East Lothian (council area), Dunbar (town), Haddington (town), East Renfrewshire (council area), Edinburgh (city and council area), Leith (port), Falkirk (council area), Falkirk (town), Grangemouth (town), Fife (council area), Buckhaven (town), Culross (town), Cupar (town), Dunfermline (city), Glenrothes (town), Kirkcaldy (town), Rosyth (town), St. Andrews (city), Glasgow (city and independent council area), Highland (council area), Alness (village), Cawdor (village), Cromarty (town), Fort William (town), Invergordon (town), Inverness (town), John o’Groats (village), Nigg (village), Thurso (town), Wick (town), Inverclyde (council area), Greenock (town), Midlothian (council area), Dalkeith (town), Moray (council area), Elgin (town), Forres (town), Lossiemouth (town), North Ayrshire (council area), Irvine (town), North Lanarkshire (council area), Coatbridge (town), Cumbernauld (town), Motherwell and Wishaw (urban area), Orkney Islands (council area), Kirkwall (town), Perth and Kinross (council area), Dunkeld (city), Kinross (town), Perth (city), Scone (village), Renfrewshire (council area), Paisley (town), Renfrew (town), Scottish Borders (council area), Coldstream (town), Duns (town), Galashiels (town), Hawick (town), Jedburgh (town), Kelso (town), Melrose (town), Newtown St. Boswells (village), Peebles (town), Selkirk (town), Shetland Islands (council area), Lerwick (town), Sullom Voe (locality), South Ayrshire (council area), Ayr (town), Alloway (suburb), Prestwick (town), South Lanarkshire (council area), East Kilbride (town), Hamilton (town), Lanark (town), Stirling (council area), Balquhidder (village), Bannockburn (town), Callander (town), Stirling (town), West Dunbartonshire (council area), Clydebank (town), Dumbarton (town), West Lothian (council area), Linlithgow (town), Livingston (town), Western Isles (council area), Stornoway (town), Wales, Blaenau Gwent (county borough), Abertillery (town), Ebbw Vale (town and urban area), Bridgend (county borough), Bridgend (town and urban area), Porthcawl (town), Caerphilly (county borough), Caerphilly (town and urban area), Gelligaer (town), Cardiff (city and county borough), Llandaff (former town, neighborhood), Carmarthenshire (county), Carmarthen (town), Llanelli (town and urban area), Ceredigion (county), Aberystwyth (town), Cardigan (town), Conwy (county borough), Colwyn Bay (town and urban area), Conwy (town), Llandudno (town), Denbighshire (county), Denbigh (town), Rhyl (town), St. Asaph (village), Flintshire (county), Hawarden (town), Holywell (town), Gwynedd (county), Bala (town), Bangor (city), Caernarfon (town), Harlech (village), Isle of Anglesey (county), Holyhead (town), Llangefni (town), Merthyr Tydfil (town and county borough), Monmouthshire (county), Abergavenny (town), Chepstow (town), Monmouth (town), Usk (town), Neath Port Talbot (county borough), Margam (locality), Neath (town and urban area), Pontardawe (town), Port Talbot (town and urban area), Newport (town and county borough), Caerleon (town), Pembrokeshire (county), Haverfordwest (town), Milford Haven (town), Pembroke (urbanized area), St. David’s (city), Tenby (town), Powys (county), Brecon (town), Builth Wells (town), Llandrindod Wells (town), Montgomery (town), Newtown (town), Welshpool (town), Rhondda Cynon Taf (county borough), Aberdare (town), Hirwaun (village), Llantrisant (town), Mountain Ash (town), Pontypridd (town), Swansea (county), Swansea (city), Torfaen (county borough), Cwmbrân (town and urban area), Pontypool (town and urban area), Vale of Glamorgan (county), Barry (town), Cowbridge (town), Llantwit Major (town), Wrexham (county borough). (https://www.britannica.com/topic/list-of-cities-and-towns-in-the-United-Kingdom-2034188)
Why do I require the other parent’s Consent to relocate to the United Kingdom?
According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to the United Kingdom. Here we refer to section 18 of the Children’s Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights (1) A person may have either full or specific parental responsibilities and 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’s marriage; (ii) consent to the child’s adoption; (iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s 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). Now let us explain what Parental Responsibilities and Rights are.
What are Parental Responsibilities and Rights of a parent in relation to a child?
As can be seen from section 18(2) of the Children’s Act, when we refer to Parental Responsibilities and Rights, we refer to the following: (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. Therefore, if a parent has parental responsibilities and rights over a minor child, and accordingly, rights of guardianship, their Consent is required when it comes to issues of guardianship. As seen from section 18(3)(c) of the Children’s Act above, both parents’ Consent is required should a minor child depart from the Republic of South Africa. In this case, to emigrate to the United Kingdom. Even if the minor child only wants to go for a short holiday to the United Kingdom, both guardians’ Consent would be required.
When would the other parent be seen as a guardian in the case of a relocation matter to the United Kingdom?
It must be noted that not all parents are legal guardians over their minor children. We should therefore distinguish between married or divorced parents and parents who were never married. As you would see below, usually married, or divorced parents’ Consent would be required for a minor child to relocate or emigrate to the United Kingdom. However, that does not automatically apply to parents who were never married. This could be because the child could have been born from a brief encounter and never met his or her father. It would not make sense that a parent who never met his or her 15-year-old child, should give Consent for relocation to the United Kingdom.
Mother’s Consent for relocation of the minor child to the United Kingdom
Section 19 of the Children’s Act deals with the Parental responsibilities and rights of mothers. It states the following: 19 Parental responsibilities and rights of mothers (1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child. (2) If- (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child. (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement. As seen from section 19(1) of the Children’s Act, in most cases involving the relocation of a minor child to the United Kingdom, the mother’s Consent is required as she has full parental responsibilities and rights over the minor child.
Married father’s Consent for the relocation of the minor child to the United Kingdom
Section 20 of the Children’s Act deals with Parental responsibilities and rights of married fathers. It states the following: 20 Parental responsibilities and rights of married fathers The biological father of a child has full parental responsibilities and rights in respect of the child- (a) if he is married to the child’s mother; or (b) if he was married to the child’s mother at (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth. As can be seen from sections 20 (a) and (b) of the Children’s Act, if the father and the mother were married, or are married, then his Consent is required for the minor child to relocate to the United Kingdom. Of course, an exception to this would be should a court of law order otherwise. This would be the case should the parents be divorced and the divorce court ordered that only the mother may act as guardian. Next, we deal with the issue of an unmarried father’s Consent to relocate a minor child to the United Kingdom.
Consent of unmarried fathers for the relocation of their minor children to the United Kingdom.
Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. The section states the following: 21 Parental responsibilities and rights of unmarried fathers (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child- (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or (b) if he, regardless of whether he has lived or is living with the mother- (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law; (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period. (2) This section does not affect the duty of a father to contribute towards the maintenance of the child. (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person. (b) Any party to the mediation may have the outcome of the mediation reviewed by a court. (4) This section applies regardless of whether the child was born before or after the commencement of this Act. As can be seen from the latter sections, a father of a child born out of wedlock does not automatically have parental responsibilities and rights over his minor child. He may however acquire those parental responsibilities and rights over his minor child if he is materially involved in the child’s life. That would be where the father and the mother were in a permanent life partnership when the child was born or he is meaningfully involved in the child’s life, as outlined above. We shall not go into much detail regarding that. However, in most cases, if the father had regular contact with the child and paid child support, he would have acquired parental responsibilities and rights over the minor child.
What do you do if the other parent does not want to consent to the minor child relocating to the United Kingdom?
Suppose the other parent also has parental responsibilities and rights over the minor child, and he or she does not want to consent to the relocation of the minor child to the United Kingdom, then in such a case, the Court needs to be approached. Here I refer you back to section 18(5) of the Children’s Act referred to above where it states: (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). Therefore, after your Court Application has been launched an both sides have been heard, the Court would make the necessary Order. If you are successful in your application for the relocation of your minor children to the United Kingdom, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10840" align="alignnone" width="658"] Relocation consent Court Order for minor child to the United Kingdom – UK – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10841" align="alignnone" width="678"] Relocation consent Court Order for minor child to the United Kingdom – UK – Advocate Muhammad Abduroaf[/caption]

Posted on 11 February 2025 by Telelaw

I want to relocate from South Africa to the United Kingdom with my minor child. The other parent does not want my child to relocate to the United Kingdom. What can I do? The United Kingdom is a popular destination to emigrate to. People emigrate from South Africa for many Continue Reading

How to find the best advocate or attorney for legal services in South Africa?
Finding the best legal practitioners for you is not always straightforward. However, with some research and attention to detail, you will find the right person for the job sooner than later. Advocates and attorneys both assist their clients with legal matters. Legal issues vary, and not all advocates and attorneys do the same type of work. And then again, not all attorneys are the same, and not all advocates are the same. You should be familiar with this if you intend to use the top or best attorney or advocate for your matter.
Type of Attorney in South Africa
When we speak about attorneys, we need to differentiate them from lawyers in general. A lawyer can be someone who works for the government or in a corporation and who only advises on legal issues. They would not represent their employee at work, nor would they ever set foot in a courtroom. However, attorneys, on the other hand, usually represent clients in legal matters. The matter can relate to employment issues, family law issues, or debt collection. Therefore, the distinct difference between an attorney, and a lawyer who is not an attorney, is that the attorney would represent members of the public in legal matters. You also find attorneys who are conveyancers and notaries. They are specialists. Therefore, to obtain the best attorney for you, make sure you know that not all lawyers are attorneys and that not all attorneys do the same work.
Type of Advocates in South Africa
Advocates usually represent clients in legal matters. When you speak about and advocate, you usually refer to matters connected with the Court. You also have an advocate doing office work, but then that type of work can be done by an attorney or lawyer. In South Africa, we have two types of advocates. They are the referral advocate and then the Trust Account Advocate. The Trust Account Advocate can take work directly from members of the public. Basically, the same as an attorney can. The client would pay a deposit into the Trust Account Advocate’s Trust Banking Account. Advocate Muhammad Abduroaf is a Trust Account Advocate. He can therefore take instructions directly from members of the public. If you wish to instruct him on a legal matter, feel free to do so. If, however, he is unable to be of assistance, he will do his best to obtain a lawyer that suits your needs. [caption id="attachment_10671" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10670" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10669" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10668" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10667" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10666" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10665" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10664" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10663" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10662" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10661" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10660" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10659" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10658" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10657" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10656" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10655" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10654" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10653" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10652" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10651" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10650" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10649" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10648" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10647" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10646" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10645" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10644" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10643" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10642" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10641" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10640" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10639" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10638" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10637" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10636" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10635" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10634" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10633" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10632" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10631" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10630" align="alignnone" width="300"] Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption]

Posted on 11 February 2025 by Telelaw

How to find the best advocate or attorney for legal services in South Africa? Finding the best legal practitioners for you is not always straightforward. However, with some research and attention to detail, you will find the right person for the job sooner than later. Advocates and attorneys both assist Continue Reading

Various Matrimonial Property Regimes focusing on the Accrual System
Getting married is a legal act. With it comes certain responsibilities and rights. For example, you have a legal obligation to maintain your spouse. You cannot marry anyone else, and furthermore, your spouse can inherit from you interstate. Depending on the matrimonial property regime you entered into, certain legal consequences would apply regarding the proprietary (or money) aspects of your marriage. For example, to whom do money and assets belong to acquired during the marriage and before it. In South Africa, a person has three (3) choices when it comes to getting married in relation to your matrimonial property regime. They are explained briefly below. In Community of Property (Default system) A marriage in community of property is the default matrimonial property regime. You do not need to enter into an antenuptial contract in order to be married like this. Basically, when getting married, both spouses’ assets, money, liabilities and so on becomes one single joint estate. You can compare it to placing it all in one pot. And from that pot would the spouse’s finances be dealt with. If either spouse gets themselves into financial trouble, it is the joint estate, or the pot that would have to be looked at in order to sort it out. This would apply to financial trouble which arose even before the marriage. Lastly, at death or divorce, the joint estate, or the pot would be divided and each party’s estate would leave with half. If you are worried about the financial implications of your marriage, you need to read further. Out of Community of Property and Profit or Loss (Without Accrual) Being married out of community of property and profit or loss is basically the exact opposite of being married in community of property. Here we are dealing with out of community of property with the exclusion of the accrual regime. Under this matrimonial property regime, there remain two separate estates just as there was before the spouses got married. Each spouse is responsible for their own wealth and debt. Creditors can therefore only claim from the estate of the relevant spouse. Not the other. At death or divorce, the situation remains exactly the same. Each estate leaves with whatever it has, being it money, assets or debt. In order for a couple to be married out of community of property and profit or loss, they need to stipulate it in an antenuptial contract and have it registered. The antenuptial contract would be executed before a Notary Public and registered at the Deeds Office. If this is not done, then the marriage would be In Community of Property as above. Next, we deal with a hybrid regime. You may find it more beneficial to you. Read more on antenuptial contracts by clicking here. Out of Community of Property and Profit or Loss (With Accrual) The third option a couple has is to get married out of community of property and profit or loss with the inclusion of the accrual regime. The accrual regime or system is outlined in the Matrimonial Property Act 88 of 1984. Basically, what it entails is that during the marriage you are married out of community of property and profit or loss as in the latter section, but at divorce or death, you share in the accrual or profits of the marriage. Each spouse still retains full control over their assets and estate during the marriage. Just as out of community of property and profit or loss without the accrual. If, however, the parties divorce or one dies, they will share in the accrual or profits. If you want the accrual regime to apply to your marriage, that would be stated in your antenuptial contract. It would then also be registered at the Deeds Office. In order to work out the accrual, one needs to know the net commencement value of each party’s estate. That would be stipulated in the antenuptial contract. The Accrual system is regulated in Chapter 1 of the Matrimonial Property Act 88 of 1984. In terms of the Act, certain items are excluded when calculating the accrual unless otherwise agreed upon. This is dealt with next.

Items or amounts excluded in the accrual calculation (unless otherwise agreed upon)

Amounts which accrued to that estate by way of damages, other than damages for patrimonial loss. E.g. pain and suffering;
An asset which has been excluded from the accrual system in terms of the antenuptial contract of the spouses, as well as any other asset which he or she acquired by virtue of his or her possession or former possession of the first-mentioned asset;
An inheritance, a legacy or a donation which accrues to a spouse during the subsistence of his or her marriage, as well as any other asset which he acquired by virtue of his or her possession or former possession of such inheritance, legacy or donation (except in so far as the spouses may agree otherwise in their antenuptial contract or in so far as the testator or donor may stipulate otherwise);
Donations between spouses, other than a donation mortis causa [anticipation of the death of the donor], is not taken into account either as part of the estate of the donor or as part of the estate of the donee.

Below find the relevant sections of the Matrimonial Property Act 88 of 1984

Matrimonial Property Act 88 of 1984

Extracts of the Matrimonial Property Act: CHAPTER I ACCRUAL SYSTEM 2.Marriages subject to accrual system Every marriage out of community of property in terms of an antenuptial contract by which community of property and community of profit and loss are excluded, which is entered into after the commencement of this Act, is subject to the accrual system specified in this Chapter, except in so far as that system is expressly excluded by the antenuptial contract. 3.Accrual system (1) At the dissolution of a marriage subject to the accrual system, by divorce or by the death of one or both of the spouses, the spouse whose estate shows no accrual or a smaller accrual than the estate of the other spouse, or his estate if he is deceased, acquires a claim against the other spouse or his estate for an amount equal to half of the difference between the accrual of the respective estates of the spouses. (2) Subject to the provisions of section 8(1), a claim in terms of subsection (1) arises at the dissolution of the marriage and the right of a spouse to share in terms of this Act in the accrual of the estate of the other spouse is during the subsistence of the marriage not transferable or liable to attachment, and does not form part of the insolvent estate of a spouse. 4.Accrual of estate (1) (a) The accrual of the estate of a spouse is the amount by which the net value of his estate at the dissolution his marriage exceeds the net value of his estate at the commencement of that marriage. (b) In the determination of the accrual of the estate of a spouse— (i) any amount which accrued to that estate by way of damages, other than damages for patrimonial loss, is left out of account; (ii) an asset which has been excluded from the accrual system in terms of the antenuptial contract of the spouses, as well as any other asset which he acquired by virtue of his possession or former possession of the first-mentioned asset, is not taken into account as part of that estate at the commencement or the dissolution of his marriage; (iii) the net value of that estate at the commencement of his marriage is calculated with due allowance for any difference which may exist in the value of money at the commencement and dissolution of his marriage, and for that purpose the weighted average of the consumer price index as published from time to time in the Gazette serves as prima facie proof of any change in the value of money. (2) The accrual of the estate of a deceased spouse is determined before effect is given to any testamentary disposition, donation mortis causa or succession out of that estate in terms of the law of intestate succession. 5.Inheritances, legacies and donations excluded from accrual (1) An inheritance, a legacy or a donation which accrues to a spouse during the subsistence of his marriage, as well as any other asset which he acquired by virtue of his possession or former possession of such inheritance, legacy or donation, does not form part of the accrual of his estate, except in so far as the spouses may agree otherwise in their antenuptial contract or in so far as the testator or donor may stipulate otherwise. (2) In the determination of the accrual of the estate of a spouse a donation between spouses, other than a donation mortis causa, is not taken into account either as part of the estate of the donor or as part of the estate of the donee. 6.Proof of commencement value of estate (1) Where a party to an intended marriage does not for the purpose of proof of the net value of his estate at the commencement of his marriage declare that value in the antenuptial contract concerned, he may for such purpose declare that value before the marriage is entered into or within six months thereafter in a statement, which shall be signed by the other party, and cause the statement to be attested by a notary and filed with the copy of the antenuptial contract of the parties in the protocol of the notary before whom the antenuptial contract was executed. (2) A notary attesting such a statement shall furnish the parties with a certified copy thereof on which he shall certify that the original is kept in his protocol together with the copy of the antenuptial contract of the parties or, if he is not the notary before whom the antenuptial contract was executed, he shall send the original statement by registered post to the notary in whose protocol the antenuptial contract is kept, or to the custodian of his protocol, as the case may be, and the last-mentioned notary or that custodian, shall keep the original statement together with the copy of the antenuptial contract of the parties in his protocol. (3) An antenuptial contract contemplated in subsection (1) or a certified copy thereof, or a statement signed and attested in terms of subsection (1) or a certified copy thereof contemplated in subsection (2), serves as prima facie proof of the net value of the estate of the spouse concerned at the commencement of his marriage. (4) The net value of the estate of a spouse at the commencement of his marriage is deemed to be nil if— (a) the liabilities of that spouse exceed his assets at such commencement; (b) that value was not declared in his antenuptial contract or in a statement in terms of subsection (1) and the contrary is not proved. 7.Obligation to furnish particulars of value of estate When it is necessary to determine the accrual of the estate of a spouse or a deceased spouse that spouse or the executor of the estate of the deceased spouse, as the case may be, shall within a reasonable time at the request of the other spouse or the executor of the estate of the other spouse, as the case may be, furnish full particulars of the value of that estate. Power of court to order division of accrual (1) A court may on the application of a spouse whose marriage is subject to the accrual system and who satisfies the court that his right to share in the accrual of the estate of the other spouse at the dissolution of the marriage is being or will probably be seriously prejudiced by the conduct or proposed conduct of the other spouse, and that other persons will not be prejudiced thereby, order the immediate division of the accrual concerned in accordance with the provisions of this Chapter or on such other basis as the court may deem just. (2) A court making an order under subsection (1) may order that the accrual system applicable to the marriage be replaced by a matrimonial property system in terms of which accrual sharing as well as community of property and community of profit and loss are excluded. (3) When an order is made under subsection (2), the registrar shall send a copy thereof to the registrar of deeds concerned, who shall cause an appropriate reference to the new matrimonial property system to be made on the registry duplicate of the antenuptial contract concerned and on every copy thereof tendered to him for endorsement. (4) A registrar of deeds who receives notice of a new matrimonial property system in terms of subsection (3), shall notify all other registrars of deeds accordingly and furnish each of them with a copy of the court order, and every registrar of deeds so notified shall cause an appropriate reference to the new matrimonial property system to be endorsed on the copy, if any, of the antenuptial contract concerned filed in his registry and on every copy thereof tendered to him for endorsement. 8.Forfeiture of right to accrual sharing The right to share in the accrual of the estate of a spouse in terms of this Chapter is a patrimonial benefit which may on divorce be declared forfeit, either wholly or in part. Deferment of satisfaction of accrual claim A court may on the application of a person against whom an accrual claim lies, order that satisfaction of the claim be deferred on such conditions, including conditions relating to the furnishing of security, the payment of interest, the payment of instalments, and the delivery or transfer of specified, assets, as the court may deem just.

Posted on 11 February 2025 by Telelaw

Various Matrimonial Property Regimes focusing on the Accrual System Getting married is a legal act. With it comes certain responsibilities and rights. For example, you have a legal obligation to maintain your spouse. You cannot marry anyone else, and furthermore, your spouse can inherit from you interstate. Depending on the Continue Reading

Parental Alienation in the situation of a divorce or separation – What can a parent do?
Family law becomes challenging when there are children in the equation. If a couple who were not married, broke up, there is not much to squabble about afterward if there were no kids. The same applies to a divorced couple. The only potential issues in such a divorce would be that of the matrimonial property regime and possible personal maintenance. If there are children involved, couples must deal with the issue of child maintenance, care, contact, and guardianship as well. The latter issues are usually the stumbling blocks in a divorce case or post-separation. At the end of the day, in all matters concerning children, the law says that their best interests should be upheld. Now let us look at the issue of parental alienation in the context of child custody disputes.

What is parental alienation?

This article in no means provides a psychological analysis or definition of parental alienation. It deals with the legal relief a parent can seek should parental alienation be perpetrated. On the web, the following definition of parental alienation is provided: “The term parental alienation refers to psychological manipulation of a child, by saying and doing things that lead the child to look unfavorably on one parent or the other. In essence, parental alienation amounts to brainwashing the child, and it can be done both consciously and unconsciously. This is a significant problem in family law cases and something that the courts take very seriously…” We are certain there are many more similar definitions. However, what seems to be clear is that parental alienation deals with a situation where one parent tries to detrimentally affect the relationship a child has with the other parent.

Parental Alienation Syndrome (PAS)

Then there is the issue of parental alienation syndrome (PAS). Whatever the definition or consequence of parental alienation is, it is an issue that needs to be addressed from a legal point of view. This article tackles that. This is so as parental alienation negatively affects the relationship between a child and his or her parent. Clearly, that would not be in the child’s best interests.

What should one do if you suspect parental alienation taking place?

Looking at what constitutes parental alienation, a parent who experiences parental alienation would see a change in the child’s behaviour towards that parent. This change could be for various reasons. Some would be obvious and some less so. It would not mean that parental alienation is taking place due to every change in the child’s demeanour towards the affected parent. Maybe the child is being adversely affected by the separation or continual arguing by the parents and no parental alienation is actually taking place. Therefore, to verify that there is some form of parental alienation, an expert would need to be approached. In this case, we refer to a psychologist or social worker with the necessary experience and training in relation to parental alienation.

How to stop parental alienation?

If a parent is practising parental alienation, by, for example, badmouthing the other parent, undermining the child’s relationship with the other parent, and so on, before approaching the courts, the parents must try to resolve this issue through less harsh means. Parents must try to go for family or parent counselling, or some type of mediation. This would all be based on the fact that an expert already advised that there is parental alienation taking place which adversely affects the minor child. If the latter suggestions and other potential avenues do not work, then, unfortunately, the court would need to be approached.

What can the Court do regarding parental alienation?

If a parent believes that parental alienation is taking place, and the other parent does not want to work towards eradicating it, then, unfortunately, the court would need to be approached for relief. The court would be guided by what the experts have to say. It may happen that the court request the Family Advocate, or the private psychologist to advise on the issue of parental alienation and give the court some guidance on how it can be eradicated. Each case is different and therefore handled differently. A court may decide that in order to limit parental alienation, the child should have more contact with the affected parent. For example, the affected parent should be the one that takes and collects the child from school. In other cases, the court may decide to reverse the care and contact arrangements already in place. In other words, the child would not reside primarily by the parent who was the victim of parental alienation.

The court would be guided by what is best for the minor child involved. As the presiding officer and lawyers involved are not child care experts, they would be greatly guided by those who are. However, the court would have the final say in the matter. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Posted on 11 February 2025 by Telelaw

Parental Alienation in the situation of a divorce or separation – What can a parent do? Family law becomes challenging when there are children in the equation. If a couple who were not married, broke up, there is not much to squabble about afterward if there were no kids. The Continue Reading

View question and answers regarding child maintenance posted on this website in the past. You may find some of the answers useful.
My son is now 10 years old when he was much younger his father would pay here and there in all the years i have been supporting him… i recently got married to the man that loves my son dearly as his own. we want to change his surname also but i need his fathers permission. he said its fine but i need him to send me forms to say i may i have been wait more than over a year now and he keeps saying he is going to send it. i feel if he doesnt want me to change his surname then he should pay and help …..which he has not done in so many years. please advise me The father will always have an obligation to support his child.
Father and mother separated when she was pregnant
I also have a question to ask or questions rather….my sons father and i separated when i was just a few weeks pregnant, he left me for someone else. I went through the whole pregnancy alone and he never owned up to it. To easy the pressure on my pregnant self i left him alone…….we talked here and there and would even buy preparatory baby stuff for the unborn child upon being asked only two times that happened. We never quiet spoke and when the baby was born as much as i hated it i knew i had to let him see him n put our differences aside its like we started on a new page. However, upon being asked to support the child he always made it feel like i was nagging or if not made t purely look lyk he was doing me a favour. Every month i constantly have to remind him of the support needed sometyms he goes months before assisting. I just stopped asking him altogether and i blocked him on any other platform such that he hasnt seen his son for nearly 3 months, i have been taking care of everyrhing by myself and eve when he gave something it was very little in comparison with what he gets and i make way less than him and have filed for child support with hearing to be held in april…..in light of these circumstances is there any chance that i wont have the courts favour in winning the case? Did.i do anything to jeorpadise the case from the events? And what proof or tips will i need to win the case?
I have a 10 years old that am not allowed to see.
when I wanted to see him ill be told I will never see him and be told that they don’t need me and my money, they are better man out there who can be a father to him. I still continued paying. when I wanted my son to visit on holidays .. I was being told he will never go there, my son told me that her mother said he is going to die if he come visit me. December last year I did as id used to previous years ,and that is to ask for him so I get buy him clothes . and I was told I wont get him. then he is taken to kzn for holidays.. they will never tell me when they taking him away which is something I always find out from his aunt when am calling since the mother doesn’t stay with him.
2010 I asked my sister to help with medical aid which was used wrongly by taking other kids to the doctors using his name , one doctor told me he is chasing them away cause what they are doing is not right, last year they have exhorted the medical aid in January alone and was told that they have never taken him to the doctor which also gave me problems at work cause am working with fire and that is why the company help with payment.
in ask for him December and the same thing happened and I told her am going to stop giving her sister money for the child cause he is not a charity where you can put money and don’t care what happen to it. so I want to give him love instead of money that he doesn’t even get to see or know that is from me, and that money wont even give him love that he needs. I stopped giving her money and yesterday I bought clothes and she throe them away saying we will meet in court. what to do in this matter. My partner is always giving me a problem when he supposed to pay Mantainance, but he end up paid,but it hurts me because I Dont do things in time for the kidz as he pay me late. We advise you to approach the Children’s Court. If they have already done so, then state you case. The Court would do what is best for the child.,1040, Good day Have a look at the articles on www.ourlawyer.co.za for some guidance.
Me and my husband are looking for advise he has a child that is 10 years old he pays maintenance 1000 every month .
I have two kids of my previous relationship that I support alone . Their father past away. Me and my husband dint have kids together so he could afford to pay the 1000 every month . God has blessed us with twins due in June now . Things are abut tough financially . We would like to know can he go to court and ask if he can reduce maintenance to 500 every month. Hi, my name is Noluvuyo I have a six months old baby girl who’s father is original from Lesotho but staying here in SA he doesn’t want to support the child since she was born apparently he got married whii the child was 3mnths old. We advise you approach the maintenance court.
How much is your consultation fee?,
Good day Please click on this <a href=https://www.ourlawyer.co.za/service-custody-divorce-maintenance/>link</a> hi,I am young mother of 5years old boy,his father leaved me when I was 2 months pregnant, after the child born he supported him for 7 months then since he leave to maintain the child, I once open maintenance case for him but I never complete it because his wife claimed to kill my baby,so now I want to go for maintenance again. is that possible?, Yes, you may approach the maintenance again.
hi i am Xoliswa i have a problem with my baby daddy i have a 8 month baby girl he has not been supporting her for since she was born, when i was pregnant he was supportive the problem persistent when i gave birth he only gave 500 that all every time when i am asking for cash for the baby he will promise to give when the month end he will come up with different stories.
than it changed and said it not his child i told him to do a DNA test he promised to do it but he never did i went in one of the court here in Johannesburg to request a DNA i was told that i will have to apply for a maintenance 1st they gave a maintenance form to take home and fill in and i told the baby daddy that because he does not want to support his child am putting him on maintenance he apologized and promised to support the child he supposed to start supporting the child last month the month ended he came up with stories saying he is sick i told him i will take him to court he said it fine with him i advised him that if he want a DNA everything will be on him but he did not reply.
hi i am Xoliswa i have a problem with my baby daddy i have a 8 month baby girl he has not been supporting her for since she was born, when i was pregnant he was supportive the problem persistent when i gave birth he only gave 500 that all every time when i am asking for cash for the baby he will promise to give when the month end he will come up with different stories,than it changed and said it not his child i told him to do a DNA test he promised to do it but he never did i went in one of the court here in Johannesburg to request a DNA
i was told that i will have to apply for a maintenance 1st they gave a maintenance form to take home and fill in and i told the baby daddy that because he does not want to support his child am putting him on maintenance he apologized and promised to support the child he supposed to start supporting the child last month the month ended he came up with stories saying he is sick i told him i will take him to court he said it fine with him i advised him that if he want a DNA everything will be on him but he did not reply. Hi i want to apply for maintance but i do not know the defended’s home and or work address. Can i apply without them? You Can still Apply. The Maintenance Court has investigators. Hi I’m ntombozuko I have six yes old bby gal but her father he pay maintenance know I’m 6months pregnant with different father but he dump me can a go to court for father child maintenance please I need help,1210, I am currently in the application process, however wanted to find out how to claim for outstanding maintenance fees not paid for over a year. How do you go about this? Thank you.
Another question? Is it compulsory to exchange documentation (Pay slips, bank statements etc.) with the father as ordered by the Maintenance officer. I do not feel that this is needed as I will be presenting these directly to the maintenance officer/court?,
Hi good day ,My childs father has never contributed for the last 2 and a half years since my child was born. He claimed it was not his court made us do a DNA and came back 99.99 % .The court only wanted him to give 1000 per month ,but says nothing about medical aid,clothing or even for the years he never paid . Do you think im unreasonable to ask them to do a financial investigation cause he did not present a payslip or nothing .Do you think i have the right to ask for the previous years he never paid. Hi i’m Abigail. I have a 7 months old baby girl. I am currently unemployed and studying part time. My problem started when I gave birth, I asked the father of my child to help me with buying clothes for the baby which he never did. Told me he doesnt have money & is busy saving for the December holidays. I supported the child with the help of my mother. Then came Dec ge gave me R1000 to buy baby clothes after that he never bothered himself by supporting the baby.
I recently asked him to buy baby formula because I do not have money, its been 3 weeks of waiting till to date. Instead he has resorted in not answering my calls and messages. How do I go about with the process of applying child support as I do not keep the till slips that could be proof?
Good day. We advise you approach the maintenance court in your area ASAP. They will start the process. Yes, keep proof of expenses and take it with you., It may be best for you to speak to the Maintenance Court about those issues., We would advise that you do a full and frank disclosure of your financial position., Good day. I have been divorced for 2 years. My husband stopped paying after he received a lump sum from my pension. I approached the court in January last year to garnish his salary. Every month i would follow up and there was always a huge back log. Eventually in May he was retrenched and was due to receive his pension. I immediately requested an attorney to stop the payout. Suddenly my lost file was found and we appeard in court. He was told to pay the arears and he requested for the maintenance to be halfed as he was now unemployed. he got married two weeks later. They have been going on extravegant holidays , bought fancy cars but i have not received anything for my kids. The court granted this reduced amount but since then he has not paid a cent. It is now going for a year. Divorce atorneys are so expensive per consultation. Do you have offices in Johannesburg and how much is it for a consultation? I dont want to go to the maintenance court myself and feel that i do need representation. Please let me know.
We are struggling in the maintenance case my for sister, where court pass order of maintenance, Its been 1 year opposite party didn’t pay maintenance, Police is also not taking action. and family court judge saying I can only issue the DW, rest is on opposite party to pay.
Good day. We are based in Cape Town, and only have referring attorneys there. The best we can do is to set up a telephonic consultation for legal advice. You may contact us on 0214243487. Good day. Yes, you can approach the maintenance court. It is a criminal offence not to pay maintenance if so ordered. If that is the case, lay a complaint at the maintenance court. Hello my name is Bianca.I just had a question regarding my baby daddy not wanting to pop out a cent to prepare for our unborn child.is there anyway I can force him to prepare for our unborn child? And might I add it was his idea I fall pregnant!! This is a type of matter which is best to speak to the maintenance court about. The ideal is to wait for the child to be born and then claim for lying in expenses, birth costs etc. But see what the court has to say.
I have a 2 year old son . and make a decent salary however I have a lot of debts to my name of which I’m planning to clear by the end of this year.
Now I had asked the father of my child to pay just the school fees for him and buy him nappies, while I will take care of his food , medical aid and clothing. He told me that he cant afford the first school I opted for because its close to my work place (which was R1700) 2 weeks later he bought a brand new car (one of the expensive brands) so we went for the second one (at R390) and nappies , he just recently told me he cant afford to buy the nappies anymore as his financially unable too. My worry about filling is the fear of losing cause he has another son now which he pays everything for as his partner doesn’t work apparently will this affect my case should I apply for support? We still advise you apply for child support from the father at the Maintenance Court.
Good morning. Is it possible that a father does not get a summon and is not aware about the case even though the date was given? Is it also a right thing to find a way to get the summon to the father yourself? Please take me through the process on how does it work.
Good day The summons must be served on the father. If they cannot find the father, they must serve him in an alternative manner with the consent of the court. Good Day I am applying for an increase in Maintenance – had first meeting with MO and ex husband on the 25th April….he had a lawyer and they did not want to discuss anything other than taking the matter to Trial. The MO was not very helpful at all but rather rude. Did not try and assist me at all – should I make a formal complaint with the Court Manager – please advise Now I need to email my bundle to his lawyer and they will do same – we have no contact or anything till Trial – is this how it should work – I feel i am being bullied into going directly to Trial?,1291, Hi..I have a 1yr old daughter.. Her father is hesitant towards supporting the child..sometimes he doesn’t bother supporting..sometimes he does support but not with the money we agreed on..sometimes he is nowhere to be found.. Can I apply to maintenance?, Good day Yes you can still apply. We advise that you approach the maintenance court ASAP
This seems like a situation you need to see a lawyer face to face about. If you feel aggrieved, we cant see anything wrong with speaking to the court manager.
Hi i am father. My chils was born when i was still in varsity and i spent three years doing my articles. Now that i have employment, i decided to put my child on medical aid and paying 800 every month but the mother insisted to approach the maintenance officer for an order while i am paying maintenance and her reason is that she does not trust me.,1317, Hello I have 2 kids with my ex we broke because he verbally abused infront of the kids at my parents place last year October them my mom told him to never set his foot in her house meaning he won’t be able to see his kids then he stopped supporting his kids, my mom told him to come pay damage money before he can see his kids due to what he did to me at my parents. So can I take him to maintenance Court even when he doesn’t see his kids I mean its his fault cos he never reached out he just kept quite. You can still take him to the maintenance court.
It is up to the maintenance court to grant and order or now. You need to bring up a good argument as to why an order should not be granted.
I have a 14month old daughter. Her has given milk and food items one or twice in the 1st 6months of her life since then nothing because he says he doesnt have the money. I recently found out that when was born he was in the process of buying a house yet couldnt assist with the basic needs of our child. He has 3 other children which he has given a roof over there head and pay’s there medical aid and has education policies for them yet our child gets nothing from him. I also now need to start looking for a creche for next year and the fees are R3000 per month in 2019. I have taken him to Maintenance court we are only meeting in November 2018. What are my options untill then. It is unfortunate that the Maintenance Court is giving you a date so late. Maybe see if you can get a lawyer to speed things up or send him a letter.
If the court decides on a maintenance amount and the father pays it does that mean visitation rights are also guaranteed. He has only recently asked to spend time with our daughter. Before he never made any effort and now everything must be on his terms.
Visitation rights and an obligation to pay child support are two separate issues. However, paying child support does in some way, most of the time play a role in visitation matters. Good day The father pays R2000 for our baby however I still need assistance with paying a nanny/daycare, he refuses. I’ve asked him to add the baby on his medical aid so I can cancel mine and pay for day care, he refuses.
People tell me, R2000 is enough if I go to court it will be reduced. I don’t know what to do because i really can’t afford a nanny and i need to go to work.
This guy owns properties, he pays more than R120 000 school fees for his 2 children a year, lives in one of the most expensive surbubs in Johannesburg, owns cars. His excuse is, the mother of his 2 children doesn’t pay maintenance – he is doing everything on his own. He says he will get an expensive lawyer who will make sure i get less than what i get. Please advise me, We advise you go to the maintenance court. They will assess the matter the father of my child failed to appear in court twice and they told me the Npa issued subpoena to him.What would happen next time I go there.,1431, That question is best to ask the Court.,1436, Hello, Please I beg for sincere and if possible very polite feedback please because I am a man I know things are already against my odds so please bare with me and forgive me if I offend anyone, I am just looking for a better understanding of things I may not be well certain of.
So, my partner and I recently split up and likewise she went away with my (our) little girl. The problem is I used to support my daughter starting from 100% financially, anything school related or other social related activities. The mother worked for a few months after she was born and got fired then after.
Unfortunately, she has not quite contributed to the child’s financial needs, 2y7m later still incapable of offering support because initially she was obviously unemployed but eventually I realized she just didn’t want to make effort to find another job. For over 2 years as we’re both still young and on my side have not saved much money, it put a lot of strain on my financial capabilities as I would’ve to financially support 4 people, myself, herself, our daughter as well her first son.
For many reasons this relationship didn’t quite work and I called it quit. At the moment I am required to cater 100% for my daughter as she’s not working or even not making effort to find a job and for whatever reasons I’ve now been deemed unsafe for my daughter so, apparently she cannot visit me. As above, the little girl is 2y7m now and it’s hurting me that I am forced to provide 100% for her because the mother is unable yet I cannot spend time with her, apparently in the absence of the mother. Not that I’ve a problem with that but her mother and myself just don’t get along so it’s easy to turn my time with my daughter into my fight with her mother. I am confused now because I am hesitate to go 100% on this, I know that my child in the end will suffer so it seems as if I do not have a choice but to continue giving everything I can to my girl as I would when we lived together even if I cannot spend time with her without the presence of the mother. Though I know in actual fact me not spending time with my daughter she’ll either way suffer from no longer having the father interaction she had when we lived together. If I had to present my daily duties: Take her to school, fetch her from school, sometimes change her nappy and wash her in the evening, sometimes make food for everyone which of course daughter fed from, every night take her to sleep. Shelter I provided, finance I provided, social life I provided, mommy could obviously do some small daily stuff if she felt like it.
I really don’t know how well I can conquer this because at the moment I know the child is just suffering and my unwillingness to go 100% as I would before but this time without being able to spend quality time with her means things will just get worse for my little girl.
From what i understand the mother is stubborn and in this case just using the girl to feel power over me because she knows full well I had so much daily interaction with my daughter which has all just disappeared. Really i am confused perhaps I’ve not even expressed myself properly here. But perhaps anyone with similar experience or better understand and knowledge in this regard kindly help out a young fella take a better direction here. Good day
We advise that you approach the Children’s Court in the area where the mother lives and apply for proper contact to your child.
Good day I’m Lindokuhle but have a query about my sister Sophie and her kids father about maintenance,they have been together for eight years and had a son and separated after when she was pregnant for the second time he left her for someone else,Sophie applied for maintainance and the court granted her R1000 per month and R1200 for winter clothes once a year for both the kids and my sister is not working.The father has now two kids with the new woman and the new woman has a first born who’s not fathered by my babies father.Sophie’s kids are not in the medical aid they go to public clinic whenever they are sick and attend public school,on the last maintainance it appeared that he earns R30 000 and has has a house and car so I’m confused how the court allowed him to pay such a small money for both his kids,now my sis wants to re-apply for maintainance what should she do to receive a proper outcome? regards Hi there
need an advise I am a father of three girls we always have conflicts in the house with their mother,now she was moved out from our house by her mother s decision and she confirmed to me that she is not breaking up with me she loves me ,she needs time leaving in her mom s roof. The mother went to local child maintenance social workers which is surprising, I was requested to come see them. I really don’t know where these thing leads me because I love my daughters. And I would always want to leave around them.,1459,
The Court would decide what is best for the children. Good day As long as all relevant information is before the court, the court would decide what is fair. This is based on the income and expenses of the parents and the needs of the child. Hi i have a 7 year old son by a woman.. I married the year after he was born to my wife For the first 3 years i have been supporting him.. For 2 years i have been unemployed.. But my wife . Mother and sister helped me supporting him .. After the 2 years i have been started working again.. And have supporting my son ever since… R800.00.. But in that time we had arguments whom have let to.. That i could not see my son.. Only when the mother decides when i can see him.. And she filed for maintenance she wants more R1000.. But i only get pain R5000 a month.. Where i have 3 childrem to support.. And petrol expenses to get to work.. Ens. 2 months ago her mother sended me msgs stateing that he daugther is an alkolic and she uses my childs supporting for the own luxury.. Nd she has also has 3 children of her own.. Whereby im the only father of the one whom pays child support… Any advice,1471, Hi, visit your nearest maintenance court on this issue. hi i have 2 children.their father is only sending me 1500 every month n some times 1300 he has medical aid but didn’t not put them on the medical aid. December and winter he doesn’t help in buying them clothes. can the court grant medical aid for the children since he has one and can the able to make him pay 2000 for both children. pls advice.
The court can make any order if it is fair an reasonable. If the facts support your application, the Court would Order it.
Hi am single mom who applied for a maintenance order last year at rabasotho magistrate court we were told to opt for a settlement out of court since the maintenance officer was absent now the person has been so behind on the maintainance order n I was told I have to re apply and the problem is his no longer working at the same company and has moved from where he lived so my question is what do I do incase of that situation.,1548, HI , the father of my child has always made false promises about helping with the birth of our sun (financially ) my son is now 10months and his father has only sent money three time since he was born , can I include the medical bills for the birth of my son and his hospital bill as he was admitted after birth and I had to use my medical aid to pay for all the expenses when I apply for maintenance. Hello I have took the father of my twins to court february his bin delaying to come until 31 may he was making excuses and he just made sure he buy second car and another house on march n came with those in court and he has other 3 kids that he was not supporting for more than 12years he started giving them money march and bring the proof I became angry and left while we were still talking with him and prosituter I took a walk and came back and went to the prosituter and said sorry I became angry and left but now im back can we continue she started shouting me saying I cant help u I closed the file and I had u and other mothers u were gossiping about me outside saying I take man’s side so I cant help u so I went to another room to ask her coligue what to to do so they say I must come so that we can start the process again from start so what do I do.,1558, Yes you can. We advise that you approach the maintenance court again.
Hello, my son is 14 years now his father and I broke up when he was only 2 years, I never take him to court but now I want to make an application at maintenance court the problem is I know his name,surname and physical address bt I don’t know where he is working. My question is will they be able to help me at court?
The Court has maintenance investigators who could assist in tracking him down.

Posted on 11 February 2025 by Telelaw

View question and answers regarding child maintenance posted on this website in the past. You may find some of the answers useful. My son is now 10 years old when he was much younger his father would pay here and there in all the years i have been supporting him… Continue Reading

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Posted on 11 February 2025 by Telelaw

Our Lawyer’s website has over 3000, yes three thousand legal advice questions and answers. No wonder this website keeps appearing when searching for family law and related matters. If you have not browsed through this website before; now is the time. You will find useful information and relevant articles. These Continue Reading

Relocation with your minor child from South Africa – What are my rights?
In today’s modern times, many people decide to leave South Africa and seek employment overseas or in a nearby country. The reason for that could be many. But usually, it’s because they feel they can earn much more in a different country or live a better life. Furthermore, safety and security, and medical benefits are on the list. What often happens is one parent wants to relocate, with a child, however, the other parent has an issue with it. As you will see later, the consent of both guardians is required for a minor child to leave the Republic of South Africa.

Parents need to first discuss the issue of relocation before making a decision

We are often approached by the parent wishing to relocate with the minor child for legal advice. It is often the mother. She wants to know what her rights are regarding the child relocating with her. Now the ideal situation would be for both parents to sit down and discuss the issue. It would obviously have a big impact on their lives should relocation with the child take place. They should discuss aspects regarding contact and maintenance should relocation be a viable option. However, meeting eye to eye and having a sensible discussion on the issue is not always the case.

Effects of relocation on the parents

It often happens when parents do not agree on the issue of relocation; the parent wishing to relocate has to make some drastic decisions. Should she remain in South Africa and continue in her current employment, or remain unemployed? By remaining in South Africa, she would remain the primary caregiver of the minor child. The other option is for the parent to not fight the issue but decide to relocate and leave the child with a parent in South Africa. This could become problematic. Especially so in the case where the parent residing in South Africa was never a primary caregiver of the minor child. In other words, he or she cannot care for the child as well as the parent wishing to relocate.

What does South African law say?

Now in terms of the law, if a child should be removed from the Republic of South Africa, for traveling, or relocation, he or she requires the consent of both guardians. We will not go into the finer details of who is a guardian and what are the rights of a guardian. However, in terms of the Children’s Act, both guardians should consent for the minor child to be removed from the Republic of South Africa, and his or her return. Therefore, if the parents come to an agreement that the minor child may relocate, then the consenting parent should only sign necessary consent documents. Those documents can be obtained from the Department of Home Affairs. At the same time additional assisting documents will be of use. For example, an affidavit from the father stating that he has no issue with a minor child relocating and he provides a mother with the authority to make certain decisions regarding the minor child. These decisions could relate to the enrolment of schools, medical consent, and consent to travel within the country.

What happens if consent for relocation is refused by one parent?

Let’s say consent is not provided. What can the parent do under those circumstances? Unfortunately, the parent would have to approach the court to dispense with the consent of the other. He or she will have to convince the court that it would be in the minor child’s best interest for the relocation to take place. The parent who remains in South Africa will have to do the opposite. He or she would have to convince the court that it would be in the child’s best interest for them to remain in South Africa. Valid reasons could be that the country that they wish to relocate to is dangerous, or the child would be better suited to remain in South Africa.

More on approaching the Court when it comes to relocation of minor children

Now the problem arises as mentioned earlier. The parent wishing to relocate is left with a predicament. Does he or she remain in South Africa caring for the child or does he or she relocate and leave the child behind if consent is not given. As stated earlier, he or she would have to approach the Court. All these factors will have to be ventilated before the court and then the court will decide what is in the minor child’s best interest. We pause here to state that should a parent follow the specific route in approaching the court, he or she may want to at the same time apply for certain sole guardianship rights to the minor child. The parent would have to ask the court for certain rights, for example, should the minor child have to apply for a passport while overseas; only that parent’s consent is required. The same applies should the minor child have to be enrolled in a school, and as stated earlier, attend to a medical procedure.

If the parent relocating is a mother, she can bring up a constitutional argument. She may argue that because she is a mother of the child and gave birth to the child, it is unfair for her to obtain the father’s consent under the circumstances. He, on the other hand, may decide to travel anywhere in the world and do not require the consent of the mother, because he is not the primary caregiver of the minor child.

Summary of the issue of consent for the relocation of minor children

So in short, if the parties cannot come to an agreement on the relocation of the minor child to another country, the parents wishing to relocate should approach the court to dispense with the consent of the other parent. The other parent can oppose the application stating various reasons why it would not be in the minor child’s best interest for them to relocate. If that parent was not much involved in the minor child’s life and cannot care for the minor child; more than likely the court would not find in that parent’s favour. The bottom line is as stated, the court will decide what is best for the child.

Posted on 11 February 2025 by Telelaw

Relocation with your minor child from South Africa – What are my rights? In today’s modern times, many people decide to leave South Africa and seek employment overseas or in a nearby country. The reason for that could be many. But usually, it’s because they feel they can earn much Continue Reading