Looking for Family Legal Services in Bellville– Child Maintenance, Child Custody, Visitation Rights and Divorce

Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Bellville area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Bellville

Legal Advice in Bellville– Family law legal topics

• Child Maintenance
• Ante-nuptial Contact
• Change Matrimonial Property Regime
• Child Adoption
• Child Custody and Access
• Domestic Violence Protection
• Family Trust Registration
• Fast Unopposed Divorces
• Non-Compliance with maintenance orders
• Parenting Plans
• Postnuptial Contract Registration
• Pre-nikkah Agreement

Child Maintenance

1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
2. Child Maintenance Question. How much should I pay or contribute as a p
3. Child Support or maintenance claims. Does an unemployed father pay?
4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
5. Tricks and tips on how to win your child maintenance case

Child Custody

1. The Law Regarding Children – The Children’s Act 38 of 2005
2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
3. How do I get full custody over my child?
4. Parental Child Abuse in Custody Cases
5. Relocate with minor child. Parent Refusing Consent for a Passport
6. Father being refused contact to his child! What are his rights as a Father?
7. Father’s Parental Responsibilities and Rights to his Child
8. Urgent Access to your Children without a Lawyer
9. Parenting Plans and the Law
10. What happens in a custody dispute where one parent is mentally ill?
11. How to win your child custody and access court case – Tips and Tricks
12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

1. How to Change your Matrimonial Property Regime
2. Do your own Unopposed Divorce. No lawyers needed and its Free.
3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

• Divorce guide
• Sample High Court Summons
• Particulars of Claim
• Notice of Set Down

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Bellville

1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
4. We urge potential clients to read their email well as well as the terms and conditions within the email.
5. Only once payment has been made, will the face to face legal consultation be confirmed.
6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.

Free legal products if you live in Bellville

1. Free Basic Will Tool Kit
2. Free Shariah Will Template
3. Free Divorce Starter Tool Kit
4. Free Child Maintenance Calculator
5. Free DIY Urgent Child Contact Toolkit
6. Urgent Holiday Contact Toolkit

Looking for Family Legal Services in Woodstock– Child Maintenance, Child Custody, Visitation Rights and Divorce

Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Woodstock area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Woodstock Estate

Legal Advice in Woodstock– Family law legal topics

• Child Maintenance
• Ante-nuptial Contact
• Change Matrimonial Property Regime
• Child Adoption
• Child Custody and Access
• Domestic Violence Protection
• Family Trust Registration
• Fast Unopposed Divorces
• Non-Compliance with maintenance orders
• Parenting Plans
• Postnuptial Contract Registration
• Pre-nikkah Agreement

Child Maintenance

1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
2. Child Maintenance Question. How much should I pay or contribute as a p
3. Child Support or maintenance claims. Does an unemployed father pay?
4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
5. Tricks and tips on how to win your child maintenance case

Child Custody

1. The Law Regarding Children – The Children’s Act 38 of 2005
2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
3. How do I get full custody over my child?
4. Parental Child Abuse in Custody Cases
5. Relocate with minor child. Parent Refusing Consent for a Passport
6. Father being refused contact to his child! What are his rights as a Father?
7. Father’s Parental Responsibilities and Rights to his Child
8. Urgent Access to your Children without a Lawyer
9. Parenting Plans and the Law
10. What happens in a custody dispute where one parent is mentally ill?
11. How to win your child custody and access court case – Tips and Tricks
12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

1. How to Change your Matrimonial Property Regime
2. Do your own Unopposed Divorce. No lawyers needed and its Free.
3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

• Divorce guide
• Sample High Court Summons
• Particulars of Claim
• Notice of Set Down

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Woodstock Estate

1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
4. We urge potential clients to read their email well as well as the terms and conditions within the email.
5. Only once payment has been made, will the face to face legal consultation be confirmed.
6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.

Free legal products if you live in Woodstock 

1. Free Basic Will Tool Kit
2. Free Shariah Will Template
3. Free Divorce Starter Tool Kit
4. Free Child Maintenance Calculator
5. Free DIY Urgent Child Contact Toolkit
6. Urgent Holiday Contact Toolkit

Parenting Plans and the Law – Draft and Register you Plan

Sections 33 and 34 of the Children’s Act 38 of 2005 (the Act) came into operation on 1 April 2010. These sections make provision for “parenting plans”. Like many parents, legal practitioners, social workers, psychologists, social services professional and other suitably qualified persons would be faced with the task of acting in accordance with sections 33 and 34 of the Act; this guide attempts to facilitate a quick understanding.

What is a parenting plan?

The Act does not provide a definition of a parenting plan. However, looking at the provisions of the Act and its Regulations dealing with parenting plans, one could define it as a written agreement between co-holders of parental responsibilities and rights outlining in detail their respective responsibilities and rights of care, contact, guardianship and maintenance with regard to a child. Below I shall outline the relevant provisions of the Act and its Regulations dealing with parenting plans and how they should be applied in practice.

Who should agree on a parenting plan?

Not all holders of parental responsibilities and rights need to agree on a parenting plan and have it registered with a Family Advocate or made an Order of the High Court. Parenting Plans should be entered into only if there is a need for it. However, the choice is always there for the parties should they wish to formalise one. Section 33 of the Act provides for two (2) situations in which a parenting plan comes into play. This I shall refer to as the optional situation and the mandatory situation.

Optional situation – section 33(1)

Section 33(1) of the Act states the following:

“(1) The co-holders of parental responsibilities and rights in respect of a child may agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child.”

  This situation would apply when the parties want to have a structured parenting plan in place but none of them intends to go to Court on any issue. You could say they are not experiencing difficulties in exercising their responsibilities and rights but wants to have a formalised structure on paper. This optional situation may apply where the parents of the child do not live together and there is no document in place regulating their respective care and contact responsibilities and rights to the child.

Mandatory situation – section 33(2)

The other situation where a parenting plan comes into play is where the parties are experiencing difficulties in exercising their responsibilities and rights. In this case, the Act prescribes to them to first try to agree on a parenting plan before going to Court. Section 33(2) states:

“If the co-holders of parental responsibilities and rights in respect of a child are experiencing difficulties in exercising their responsibilities and rights, those persons, before seeking the intervention of a court, must first seek to agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child.”

Therefore, all holders of parental responsibilities and rights in respect of a child do not need to enter into a parenting plan from the outset as stated. However, should there be problems and one or more of the parties may want to take it to Court, before they do so, they should first try to agree on a parenting plan before approaching the Court. Should the parties fail to agree on a parenting plan after following the prescripts of the Act, the Court may then be approached. As outlined later, once the parenting plan has been agreed upon by the relevant parties, it may either be registered with a Family Advocate or made an Order of Court.  

What must the parenting plan deal with according to the Act?

The contents of both optional and mandatory parenting plans can vary, however, according to section 33(3) of the Act:  

“A parenting plan may determine any matter in connection with parental responsibilities and rights, including- (a) where and with whom the child is to live; (b) the maintenance of the child; (c) contact between the child and- (i) any of the parties; and (ii) any other person; and (d) the schooling and religious upbringing of the child.”

  Furthermore, the Regulations to the Act prescribes child participation bearing in mind the child’s age, maturity, and stage of development. Regulation 11 which deals with the participation of a child in preparation of parenting plans states the following:

(1)  Bearing in mind the child’s age, maturity and stage of development, such child must be consulted during the development of a parenting plan, and granted an opportunity to express his or her views, which must be accorded due consideration. (2) When a parenting plan has been agreed the child must, bearing in mind the child’s age, maturity and stage of development, be informed of the contents of the parenting plan by the family advocate, a social worker, social service   professional, psychologist, suitably qualified person or the child’s legal representative.

Therefore, before an optional or mandatory parenting plan can be registered with a Family Advocate or made an Order of Court, Regulation 11 must be applied. Section 34 of the Children’s Act deals with the formalities of a parenting plan that need to be adhered to before it can be registered with a Family Advocate or made an Order of Court. It states the following:

“(1) A parenting plan- (a) must be in writing and signed by the parties to the agreement; and (b) subject to subsection (2), may be registered with a family advocate or made an order of court. (2) An application by co-holders contemplated in section 33 (1) for the registration of the parenting plan or for it to be made an order of court must- (a) be in the prescribed format and contain the prescribed particulars; and (b) be accompanied by a copy of the plan. (3) An application by co-holders contemplated in section 33 (2) for the registration of a parenting plan or for it to be made an order of court must- (a) be in the prescribed format and contain the prescribed particulars; and (b) be accompanied by- (i) a copy of the plan; and (ii) a statement by- (aa) a family advocate, social worker or psychologist contemplated in section 33 (5) (a) to the effect that the plan was prepared after consultation with such a family advocate, social worker or psychologist; or (bb) a social worker or other appropriate person contemplated in section 33 (5) (b) to the effect that the plan was prepared after mediation by such social worker or such person. (4) A parenting plan registered with a family advocate may be amended or terminated by the family advocate on application by the co-holders of parental responsibilities and rights who are parties to the plan. (5) A parenting plan that was made an order of court may be amended or terminated only by an order of court on application- (a) by the co-holders of parental responsibilities and rights who are parties to the plan; (b) by the child, acting with leave of the court; or (c) in the child’s interest, by any other person acting with leave of the court.”

  Once the parties decide to proceed to try to agree on a parenting plan, they need to have the parenting plan prepared. If section 33(2) applies, they would need to do it with the assistance of the relevant party. However, for both optional and mandatory parenting plans, the best interests of the child principle apply. According to section 33(4) of the Act:  

“A parenting plan must comply with the best interests of the child standard as set out in section 7”.

  Now we look at the Act and Regulations that come into play in preparing a parenting plan.  

Optional parenting Plan – sec 33(1)

With regard to an optional parenting plan (sec. 33(1)), the parties may attend to preparing the parenting plan without the assistance of the Family Advocate, Social Worker or psychologist but they need to make sure it complies with this Act. It is however suggested that they approach a legal practitioner to assist them in this regard. As outlined later, once the parenting plan has been agreed upon and signed, it needs to be attached to Form 8. With regard to mandatory parenting plans, other parties get involved to either assist in preparing the parenting plan or for mediation.

Mandatory parenting plan – section 33(2)

According to section 33 (5) of the Act:

“In preparing a parenting plan as contemplated in subsection (2) the parties must seek- (a) the assistance of a family advocate, social worker or psychologist; or (b) mediation through a social worker or other suitably qualified person.”

  Regulation 9 to Act deals with the registration of parenting plans and having them made Orders of Court. It states:

(1) An application for the registration of a parenting plan at the office of the family advocate or for it to be made an order of court must be completed in writing in a form identical to Form 8 and must- (a) be signed by the parties to the parenting plan or, if a person whose signature is required is incapable of furnishing a signature, a thumbprint of that person must be effected and duly attested by a commissioner of oaths; (b) contain the titles, full names, dates of birth, identity numbers or passport numbers (as the case may be), residential, work addresses, and contact details of all co-holders of parental responsibilities and rights named in the parenting plan; and (c) contain the full names, dates of birth, identity numbers or passport numbers (as the case may be), residential addresses and contact details of any child or children named in the parenting plan. (2) Where parental responsibilities and rights are to be exercised in the same manner by the holders of those responsibilities and rights with respect to more than one child in the same family, the application for registration of the parenting plan must be completed for each child. (3) The applicant or applicants for the registration of a parenting plan must file copies of such plan with the family advocate, children’s court or High Court, as the case may be, to enable each co-holder to retain a copy of the registered parenting plan.

Therefore, once the parenting plan complies with the Act and its Regulations, Form 8 needs to be completed for both optional and mandatory parenting plans. However, there is a further instruction in terms of the Regulations regarding mandatory parenting plans. The Regulations to the Act further instructs on what other form needs to be completed should a mandatory parenting plan (sec. 33(2)) be registered with a Family Advocate or made an Order of Court. Regulation 10 states the following:

(1) The co-holders of parental responsibilities and rights as contemplated in section 30 and who are experiencing difficulty in exercising their responsibilities and rights as envisaged in section 33(2) of the Act must seek to agree on a parenting plan on matters referred to in section 33(3) of the Act. (2) The parenting plan contemplated in sub-regulation (1) must be prepared: (a) with the assistance of a family advocate, social worker or psychologist as contemplated in section 33(5)(a) of the Act, and must be completed in writing in a form identical to Form 9; or (b) after mediation by a social worker or other suitably qualified person as contemplated in section 33(5)(b) of the Act, and must be completed in writing in a form identical to Form 10.

  It would seem that the relevant form(s) and parenting plan should be left with the Office of the Family Advocate or the Registrar of the High Court to have the parental plan registered or made an Order of Court as the case may be. It does however not seem that Rule 6 of the Uniform Rules of the High Court are applicable. However, it would seem prudent, failing directives to the contrary to make the Application in terms of Rule 6 and attach the relevant documents referred to herein with a supporting affidavit(s) and file same with the Office of the Family Advocate. Once the parenting plan is registered with a Family Advocate or made an Order of Court, the parties would be expected to adhere to the parenting plan.   Court proceedings for optional parenting plans Interesting to note is section 34 (6) of the Act where it states:

“Section 29 applies to an application in terms of subsection (2).”

Section 34 subsection (2) refers to the registration of parenting plans with a Family Advocate and for it to be made an Order of Court which was dealt with above.   Section 29 of the Act deals with various applications in the High Court, a divorce court in a divorce matter or a Children’s Court as the case may be. Looking at Section 29, the Court is not obliged to make any parenting plan an Order of Court and may only grant an application if it’s in the best interests of the child.   Section 29 (5) states the following:

The court may for the purposes of the hearing order that – a report and recommendations of the family advocate, a social worker or other suitably qualified person must be submitted to the court; a matter specified by the court must be investigated by a person designated by the court; a person specified by the court must appear before it to give or produce evidence; or the applicant or any party opposing the application must pay the costs of any such investigation or appearance.

Therefore, the Court would not blindly make a parental plan an Order of Court, but would first need to be convinced that it is in the child’s best interests. It is submitted that before a Court makes a mandatory parental plan (sec. 33(2)) an Order of Court, notwithstanding it being prepared or mediated with the assistance of the relevant person, the Court would still need to be satisfied that the parenting plan is in the minor child’s best interests before making the parenting plan an Order of Court. If the Court is not so satisfied, it may make an order similar to those provided for in section 29(5) referred to above.   Contempt of Court   The question which may be posed is what is better, having the parenting plan registered with the Family Advocate or made an Order of Court? In my view, it would be better to make it an Order of Court as this would force all parties to comply with it or they would be in contempt of Court. Furthermore, section 35 of the Act states amongst other things that it is a criminal offence to refuse or prevents a co-holder of parental responsibilities of rights to exercise such responsibilities and rights and may be liable on conviction to a fine or to imprisonment for a period of not exceeding one year.

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Changing your matrimonial property regime from in community of property to out of community of property

Are you married? Do you know what is your matrimonial property regime?

In Community of Property

Out of Community of Property

Accrual system

• That there shall be no community of property;
• That there shall be no community of profit or loss; and
• That the accrual system provided for in Chapter 1 of the Matrimonial Property Act, no 88 of 1984 is expressly excluded from the marriage.

Getting the High Court’s Consent to change your matrimonial property regime to Out of Community of Property

Drafting a post-nuptial contract

Application to the High Court for consent to change your matrimonial property regime to Out of Community of Property

• There are sound reasons for the proposed change of the matrimonial property regime;
• There has been sufficient notice to creditors regarding the proposed change; and
• No other person will be prejudiced by the proposed change.

Costs involved in changing your matrimonial property regime

Complicated applications to change your matrimonial property regime to Out of Community of Property

Time estimates to change your matrimonial property regime to Out of Community of Property

Registering the postnuptial contract

Sharing is Caring

How do I find a property law firm in Cape Town that fits your needs?

Are you in the market to sell your home, flat, or immovable property? If that is the case, you may require the services of a property lawyer. The same may apply should you wish to become a purchaser of immovable property. The sale of immovable property is a legal transaction. Furthermore, it needs to be registered in the name of the purchaser. Having the right property lawyer on your side can avoid many issues in the future. Here are some tips:

1. Define Your Needs: Identify the specific legal services you require (e.g., family law, criminal defence, corporate law).
2. Research Online: Use legal directories;
3. Check Reviews and Ratings: Look for client reviews and ratings to gauge the firm’s reputation and client satisfaction.
4. Ask for Recommendations: Reach out to friends, family, or colleagues who may have had similar legal needs for personal recommendations.
5. Evaluate Experience: Consider the firm’s experience in your specific legal issue, including years in practice and case outcomes.
6. Schedule Consultations: Many firms offer free or less expensive consultations. Use this opportunity to meet attorneys, discuss your case, and assess their communication style.
7. Assess Costs: Inquire about fees and billing practices. Understand whether they charge hourly rates, flat fees, or contingency fees.
8. Trust Your Instincts: Choose a firm that you feel comfortable with and confident in their ability to handle your case.
9. Verify Credentials: Check the attorneys’ qualifications and any disciplinary history.
10. Consider Location: Proximity can be important for ease of communication and meetings.

Taking the time to research and evaluate different firms will help you find the right fit for your legal needs.

 

Heartlands Baby Sanctuary

An event of excellence

Playing it Forward at De Zalze Golf course:

25^th October 2024

 

A little bit about Heartlands:

Heartlands Baby Sanctuary, in Somerset West, is a residential (24 hour, 7 days a week) safe care facility that opened its doors 9 years ago. The facility aims to provide safety and protection for children who desperately need it. These are children who have endured unimaginable abuse, neglect, and abandonment, or who may have disabilities that make them even more vulnerable.

 

Throughout the years, we have been able to provide a home – like environment, to help make a positive impact on the lives just under 400 children. We have developed specialised programs to address their unique needs during their stay with us, and we have made remarkable differences. Witnessing how these children flourish and find happiness when they are shown love, care, and safety has been both heartbreaking, however, more heartwarming.

 

Children who get a healthy start to life in the 1^st 1 000 days and beyond are:

• 10 times more likely to overcome life threatening childhood diseases
• More likely to complete nearly 5 more grades in school
• More likely to go on to earn 21% more in wages as adults
• More likely to have healthier families of their own

 

Our key annual fundraising event

 

`If it goes right, it’s a slice, if it goes left, it’s a hook,

if it goes straight, it’s a miracle’ Doug Fields

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This year, De Zalze are only allowing 5 charities to hold golf days, and Heartlands has been selected as one from countless others, given the very high standard of our previous golf days.

 

THE ASK:

This fundraising golf day aims to contribute significantly towards bringing our annual costs down, but not only that, it will assist us in raising more financial support through exposing us to potential new donors. De Zalze is recognized as a five-star golf course in South Africa, attracting very high LSM players. 

 

Your benefits as a sponsor / donor:

• Elevate your brand visibility, forge new customer connections, foster business collaborations, and relish a memorable time on the course—all while championing a noble cause.
• Discover a spectrum of sponsorship options tailored to suit your budget and marketing objectives at our tournament.
• Ensure that you, your colleagues, and esteemed clients can enjoy an exhilarating Playing it Forward, Heartlands Baby Sanctuary Golf Day, with huge benefits such as unique auction items and prizes.
• Transform Lives While Boosting Your Brand

Sponsorship opportunities include: (some of which are tax-deductible)

 

• Co-Branded golf shirts: max. R16 000 for staff and volunteers and 4 x representatives from your company (qty 40 – approximately R400 per shirt including embroidery)

 

• Dinner incl. set up: R32 000 (big, delicious braai platters) – tax-deductible.
• Taking a 4-ball R7 000 and/ or sponsoring a dry hole R4 500 or wet hole R5 000
• Overall contribution towards golf day – tax-deductible pending client requests
• TITLE SPONSOR R70 000 includes all of above including branding throughout the venue and at the entrance and deck, positioning on TV screens at the venue, newsletter (5 500 reach), Facebook (7 700 reach) and includes one 4-ball and one wet hole. 

PLUS

 

• Potential access to the database, pending question at registration to receive communication from yourselves with a YES/ NO for POPI reasons.

 

I do hope you can assist us in our fundraising, Day of Difference, Playing it Forward golf day. We would love to have you on board for an awesome day out on the golf course, whilst giving you great visibility and the opportunity to meet new clients, and to spoil your existing clients. If you are not able to help with the golf day, there are various other ways of helping. Simply liking and sharing our social media posts, and circulating this with friends, family and colleagues, will help create awareness around the work we do, helping us immensely.

 

Thank you for your time and I look forward to hearing from you.

 

Kind regards,

 

Nikki Bower – Sustainability| Marketing | Events

[email protected]

021 – 852 3527

 

 

Relocation with my minor child to China, Shenzhen (Consent and Refusal) – Advocate Muhammad Abduroaf

The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you.

Relocation of your minor child to Shenzhen, China

If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages five or six) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Zwelitsha or Durban, South Africa, and you want to relocate to Shenzhen, China, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation.

What about Passport Consent to travel or relocate to Shenzhen, China?

The same applies when it comes to your minor child applying for a South African passport to relocate to China, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken.

What are the steps to follow when I want to relocate to Shenzhen, China with my minor child? There is  another parent.

To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Shenzhen, China.

What can I do if the other parent does not want to consent to the minor child’s relocation to Shenzhen, China?

If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Shenzhen, China, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Shenzhen, China. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Shenzhen, China, the Court would make it possible despite the issue of consent or refusal.

What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Shenzhen, China?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Shenzhen, China – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Shenzhen, China, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself.

Getting legal assistance or help with your relocation application to Shenzhen, China

If you require legal assistance or representation with relocating to Shenzhen, China due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

21 Relocation with my minor child to Nigeria, Lagos (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Lagos, Nigeria If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages three or four) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Cape Town or Johannesburg, South Africa, and you want to relocate to Lagos, Nigeria, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Lagos, Nigeria? The same applies when it comes to your minor child applying for a South African passport to relocate to Nigeria, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Lagos, Nigeria with my minor child? There is there another parent. To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Lagos, Nigeria. What can I do if the other parent does not want to consent to the minor child’s relocation to Lagos, Nigeria? If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Lagos, Nigeria, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Lagos, Nigeria. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Lagos, Nigeria, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Lagos, Nigeria? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Lagos, Nigeria – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Lagos, Nigeria, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Lagos, Nigeria If you require legal assistance or representation with relocating to Lagos, Nigeria due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.

Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference.

Expertise and Specialisation

One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.

Personalised Approach

We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.

Commitment to Excellence

At Advocate Muhammad Abduroaf, excellence is not just a goal – it’s our standard. We are committed to providing our clients with the highest quality legal services, characterized by thorough research, meticulous attention to detail, and strategic thinking. Our track record of success speaks for itself, with numerous satisfied clients who have benefited from our dedication to excellence.

Responsive and Accessible

Legal matters can be stressful and overwhelming, so we prioritise responsiveness and accessibility. Our team is readily available to address your questions, concerns, and needs throughout your case. Whether you prefer to communicate via phone, WhatsApp, email, or in-person meetings, we are here to provide you with the support and guidance you need when you need it.

Cost-Effective Solutions

Legal representation shouldn’t break the bank. That’s why we are committed to providing cost-effective solutions that deliver value for our clients. We offer transparent billing practices and strive to minimise unnecessary expenses wherever possible, ensuring you receive top-notch legal services without the hefty price tag.

Ethical and Professional Conduct

Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:

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

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

IN   THE   HIGH   COURT OF SOUTH   AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) CASE NO:                                /2024 In the matter between: KONRAD JOSEPH SCHÜLER                                                                                      (Applicant) Identity number: 590504 5229 08 0 and VANESSA GAIL SCHÜLER                                                                                         (Respondent) Identity number: 600904 0208 08 9   NOTICE OF MOTION   TAKE NOTICE that the Applicant intends to make an Application to the above Honourable Court for an Order in the following terms:

1. The Applicant’s non-compliance with the requirements of forms, service, manner of service and time periods provided in the Uniform Rules of this Honorable Court be condoned insofar as necessary;
2. Prior to any proceeds of the sale of portion 19,346, Koppersfontein, Western Cape (the property), being paid to the Respondent:
   • the Transferring Attorneys shall retain the sum equal to the outstanding debt of the former joint estate of the parties referred to in clause 3.1.3 of the Consent Paper (the debt), which was made an Order of the Regional Court for the Regional Division of the Western Cape, held in Cape Town, on 24 October 2023, under case number 165/2023 (the divorce Order) and utilise it to settle the debt;
   • The Transferring Attorneys shall retain an amount equal to the sum of all payments made by the Applicant and/or debited from his Standard Bank Account calculated from 01 November 2023, which was used to pay the Respondent’s half of the debt, and reimburse the Applicant therewith on behalf of the Respondent;
3. The motor vehicle referred to in clause 4.1.2 of the Divorce Order, being a 2011 Hyundai Ix35 2.0 Gls/Executive, with registration number CAA 412805, shall be retained by the Applicant as his sole and exclusive property for which right the Applicant shall forthwith pay the Respondent the sum of R 3 661 (three thousand six hundred and sixty-one rand); and
4. Costs of this Application; and
5. Further and/or alternative relief.

  TAKE NOTICE FURTHER that the Applicant has appointed the firm ADVOCATE MUHAMMAD ABDUROAF, with its details as stated below as his/her Legal Practitioner of record and address at which he/she shall accept notice and service of all process in these proceedings. KINDLY TAKE NOTICE FURTHER that if you intend opposing the Application, you are required to:

• inform the Applicant’s Legal Practitioner within 10 (ten) days of receipt hereof of your intention to do so; and
• fifteen days after you have so given notice of your intention to oppose the Application, to file your answering affidavit, if any; and further;
• that you are required to appoint in such notification an address referred to in rule 6 (5) (b) at which you will accept notice and service of all documents in these proceedings.

KINDLY BE ADVISED FURTHER, that if no such notice of intention to oppose is given, the Application will be made on a date and time to be provided by the Registrar of this Honourable Court. TAKE NOTICE FURTHER that the Founding Affidavit of KONRAD JOSEPH SCHÜLER will be used in support of this Application. TAKE NOTICE FURTHER that the Applicant consent to service of any process in these proceedings via email using the email address [email protected].    DATED AT CAPE TOWN ON THIS      DAY OF JANUARY 2024.   _______________________________ Per: Adv. M Abduroaf (Legal Practitioner of the Applicant) Trust Account Advocate – An advocate as contemplated in section 34(2)(b) of the Legal Practice Act, 28 of 2014 (the Act) Chambers.: The Pinnacle | Suite 702, 7th Floor Corner Strand, Burg & Castle Streets | Cape Town, 8001 Tel.: +2721 111 0090 Email.: [email protected] (Email Service) High Court Box 115 Ref.: M22081/Schüler   To:           THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT HIGH COURT CAPE TOWN     And to:    VANESSA GAIL SCHÜLER      (Respondent) Ruby Estate, Gems 5 Unit 4, Burgundy Estate CAPE TOWN ________________________O0O___________________