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

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 Continue Reading

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

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 Continue Reading

How do I find the best lawyer for my legal matter? My case is very complicated, and I need an advocate or attorney who can best handle it for me.

A good lawyer possesses a combination of skills, qualities, and attributes that contribute to their effectiveness in advocating for their clients and navigating the complexities of the legal system. Here are some key factors that make a good lawyer:
  1. Legal Knowledge and Expertise:

    • A strong foundation in legal principles and a deep understanding of the relevant laws and regulations.
    • Continuous learning and staying updated on changes in the legal landscape.
  2. Analytical and Critical Thinking:

    • The ability to analyze complex legal issues, identify key arguments, and think critically to develop sound legal strategies.
  3. Research Skills:

    • Proficient in legal research to find precedents, statutes, and case law that can support their client’s case.
  4. Communication Skills:

    • Effective communication, both oral and written, is crucial. Lawyers need to articulate their arguments persuasively in court, draft legal documents, and communicate clearly with clients.
  5. Negotiation Skills:

    • The ability to negotiate favorable settlements or agreements, finding common ground between conflicting parties without resorting to prolonged litigation.
  6. Problem-Solving Abilities:

    • Lawyers often face complex legal issues that require creative problem-solving skills to find innovative solutions.
  7. Ethical Judgment:

    • High ethical standards and a commitment to integrity are essential for maintaining trust with clients, colleagues, and the legal system.
  8. Client Advocacy:

    • A good lawyer is a strong advocate for their clients, understanding their needs and working diligently to achieve the best possible outcome.
  9. Time Management:

    • The legal profession often involves tight deadlines and heavy workloads. Effective time management is crucial to meeting deadlines and providing quality legal services.
  10. Emotional Intelligence:

    • The ability to understand and navigate the emotions of clients, opposing parties, and other stakeholders is important in resolving disputes and building effective relationships.
  11. Perseverance and Resilience:

    • The legal process can be challenging and lengthy. A good lawyer is resilient and remains committed to their client’s cause even in the face of setbacks.
  12. Professionalism:

    • Maintaining a professional demeanor, both in and out of the courtroom, is essential for building credibility and trust within the legal community.
  13. Business Acumen:

    • Understanding the business aspects of legal practice, including client management, billing, and law firm operations, is important for success in private practice.
While these qualities contribute to making a good lawyer (Attorney or Advocate), it’s important to note that the legal profession is diverse, and different specialities may require additional or slightly different skills. Adaptability and a willingness to learn and grow are also key attributes for a successful legal career.

Get in touch with us

If you require legal assistance, feel free to get in touch with us and we would be able to assist you.  

How do I find the best lawyer for my legal matter? My case is very complicated, and I need an advocate or attorney who can best handle it for me. A good lawyer possesses a combination of skills, qualities, and attributes that contribute to their effectiveness in advocating for their Continue Reading

Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Kimberley. Read further below about a “Bulldog Lawyer”)

Contract law is the bedrock of business and day-to-day transactions, providing a framework for parties to define their rights, obligations, and expectations. However, disputes can arise when one or more parties feel that the terms of the contract have been violated. This can apply to an employment contract, lease agreement, marriage contract, or one where you lent someone money. Even buying groceries at your local grocery is a contractual transaction. You pay, and he provides you with the goods. The list is endless.

All is good until someone violates the terms of the contract. This is where you may want to use an attorney or advocate in Kimberley. Read further below about what is referred to as a “bulldog lawyer”. If the other side is playing hardball or has a bulldog lawyer, then having a tough lawyer who takes no-nonsense is something that you must consider. Please note that the law on contractual disputes would be the same whether you live in Kimberley or any other city in South Africa.

Let us get into the theory. Navigating the complexities of contract law disputes requires a clear understanding of the legal principles and practical strategies for resolution.

Critical Elements of Contract Law are as follows:

Formation of Contract:

Before delving into disputes, it’s essential to understand how contracts are formed. A valid contract typically requires an offer, acceptance, consideration, legal capacity, and legality of purpose. Disputes may arise if any of these elements are in question. If you are entering into a high value contact, it may be best to consult with an advocate or attorney beforehand.

Types of Contracts:

Contracts can take various forms, such as express, implied, unilateral, and bilateral. Understanding the nature of the contract is crucial in determining the rights and obligations of the parties involved.

Common Contract Disputes:

Breach of Contract:

The most prevalent type of contract dispute arises from a breach. This occurs when one party fails to fulfil its obligations outlined in the contract. It could involve non-payment, incomplete performance, or failure to deliver goods or services.

Misrepresentation:

If one party makes false statements that induce another to enter a contract, it may lead to a dispute. Misrepresentation can be innocent, negligent, or fraudulent, each carrying different legal consequences.

Duress and Undue Influence:

Contracts entered under duress or undue influence may be deemed voidable. If one party was coerced or pressured into an agreement, it could lead to a dispute over the contract’s validity.

What follows are resolution strategies when it comes to contract disputes.

Negotiation:

Often, disputes can be resolved through negotiation. Parties can discuss the issues, explore compromises, and reach a mutually acceptable resolution without legal action. You should use a tough lawyer to represent you if the other side is unreasonable.

Mediation:

Mediation involves a neutral third-party facilitating discussions between the parties to help them resolve. It is a voluntary and confidential process that can be less adversarial than litigation.

Arbitration:

Arbitration is a more formal process where an arbitrator or a panel makes a binding decision after hearing both sides. It provides a faster and more private resolution compared to traditional court proceedings.

Litigation:

If all else fails, parties may resort to litigation. This involves taking the dispute to court, presenting evidence, and having a judge decide. Litigation can be time-consuming and costly, but it provides a definitive resolution.

Conclusion:

Contract law disputes are an inherent risk in business transactions, but understanding the principles and available resolution strategies can mitigate potential damage. Whether through negotiation, mediation, arbitration, or litigation, the goal is to find a fair and just resolution that upholds the integrity of the contractual relationship. As businesses continue to engage in complex transactions, a comprehensive understanding of contract law and dispute resolution mechanisms is essential for navigating the legal landscape successfully. When meeting with an advocate or attorney to assist you in your contractual dispute, discuss the above issues or factors with him or her to find out if they know what they are talking about.

What is a bulldog lawyer?

A “bulldog lawyer” is a colloquial term used to describe a lawyer (attorney or advocate) known for their aggressive and tenacious approach to legal representation. The term draws an analogy between the lawyer’s characteristics and those of a bulldog, known for its solid and determined demeanour. Bulldog lawyers are often associated with being assertive, persistent, and unwavering in pursuing their client’s interests.

Key characteristics of a bulldog lawyer may include:

Aggressiveness: Bulldog lawyers are known for their assertive and forceful advocacy on behalf of their clients. They are unafraid to challenge opponents and vigorously pursue their client’s objectives.

Tenacity:

Bulldog lawyers are persistent and determined in their legal pursuits. They may be willing to go to great lengths to achieve their client’s goals and are known for not easily giving up in the face of challenges.

Fearlessness:

Bulldog lawyers are often unafraid to take on tough cases or confront powerful adversaries. They may be known for their willingness to face complex legal battles head-on.

Advocacy Skills: Bulldog lawyers possess strong advocacy skills, including effective communication, negotiation, and litigation abilities. They can passionately argue their client’s case in court or during negotiations.

Strategic Thinking:

While aggressive, bulldog lawyers are also strategic in their approach. They carefully plan their legal strategies and tactics to achieve the best possible outcome for their clients.

It’s important to note that “bulldog lawyer” can have positive and negative connotations. On the positive side, it highlights an attorney’s dedication and commitment to their clients. On the negative side, it may suggest an overly aggressive or abrasive style that may not be suitable for all legal matters or personalities.

 

 

Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Kimberley. Read further below about a “Bulldog Lawyer”) Contract law is the bedrock of business and day-to-day transactions, providing a framework for parties to define their rights, obligations, and expectations. However, disputes can arise Continue Reading

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

 

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

What to do before visiting the Krugersdorp Children’s Court

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

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

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 Krugersdorp Children’s Court

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

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

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

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

 

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

What to do before visiting the Sibasa Children’s Court

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

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

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 Sibasa Children’s Court

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

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

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Sibasa Children’s Court   Family law legal matters can be very stressful. This is so whether you live in Sibasa 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 Graaff-Reinet.

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 Graaff-Reinet

Whether you claim child maintenance in Graaff-Reinet, 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 Graaff-Reinet.

The maintenance scenario – Graaff-Reinet South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

  1. The Child is seven years old and attends school in Graaff-Reinet
  2. The child is cared for by the mother who works in Graaff-Reinet
  3. The mother works and earns a Salary of R 10 000
  4. The father sees the child every second weekend. He also lives and works in Graaff-Reinet
  5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
  6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
  7. 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 Graaff-Reinet, it would be the maintenance court in Graaff-Reinet. 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 Graaff-Reinet, 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 Graaff-Reinet Maintenance Court?

Once you have been notified of the maintenance court date by the Graaff-Reinet 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 Graaff-Reinet?

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 Graaff-Reinet 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 Graaff-Reinet 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, Graaff-Reinet, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

 

 

 

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Graaff-Reinet. 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

Is it possible for an unmarried father to obtain full custody of a 10-year-old child and not the mother? – A simplified family lawyer’s perspective.

By
Advocate Muhammad Abduroaf There is a common misconception that if a child was born out of wedlock; only the mother can be the primary caregiver of the child concerned. This may however generally be the case. However, it is presumed by some that if a mother cared for the child since his or her birth, the father would not be able to be the child’s primary caregiver. In other words, the child would always live with the mother, and never with the father. We do not blame our clients for thinking so. That is the stereotype. As the world changes, so does the law.

The popular scenario regarding single parenting?

We are often approached by fathers who have a child that was born out of wedlock. He and the mother most probably lived together when the child was born. But things did not work out between them. The mother moved out and lived with her parents or on her own. The father would then regularly have contact with the child. The type of contact would be decided by the mother. Now the question is, even if the child is 10 years old; is it possible for the child to be cared for by the father and live with him primarily? The answer to that is yes. This is so, as the law looks at what is best for the child concerned.

Best interests of the child principles when it comes to children

Both the South African Constitution and the Children’s Act, says that the child’s best interests are given priority. In other words, a child’s best interests are of paramount importance in matters relating to him or her. Therefore, for one to assume at the outset, that only mothers are the best primary caregivers, is not only incorrect but potentially dangerous when dealing in children’s matters. The law expects us to look at all factors, not only who historically looked after the child, but also, the possibility of whether the father can better care for the child. Moreover, as the child’s best interests are of paramount importance, deciding as to whether or not to move a child from the primary care of a mother to that of the father should not be done lightly. Therefore, even if the father, 10 years later, can on the face of it care better for the child than the mother, this should not be the deciding factor. One would also need to look at the emotional and psychological impact it would have on the child as well.

What would be an ideal situation where moving the child from the mother to the father would be warranted?

In our view, material comforts are not reason enough to move a child from the primary care of a mother to that of a father. If the father is a wealthy person, and the mother not, he can be ordered to pay more child support towards the minor child’s expenses. However, if the child is of a certain age, and he needs to have certain living conditions, and the father has it, then that would be a possible factor in granting the father primary care. For example, if the child is a gifted swimmer, and 17 years old, and in matric, and needs to train consistently, then it makes sense that the father’s living amenities may be an important factor to justify the movement of the child.

Obvious reasons to have the child primarily cared for by the father or another party

Then there is the obvious reason to move the child from the primary care of the mother to that of the father or another person. This would be because the mother is totally incapable of caring for the minor child. She may have developed a mental illness, be admitted to a drug rehabilitation facility, or neglects the child whilst in her care. In such a case, one would look at the father. If he too has issues, then the child would need to be placed in alternative care. For example, foster care, or with another relative.

Is it possible for an unmarried father to obtain full custody of a 10-year-old child?

From the above, it is clear that it is possible for an unmarried father to obtain full custody of a 10-year-old child. It all depends on the facts of the matter. Whilst mothers may be best to care for the child in his or her early age of development, once should not lose sight of the fact that the father could care better for the child. If he cannot, then the child should remain in the primary care of the mother. 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  

Is it possible for an unmarried father to obtain full custody of a 10-year-old child and not the mother? – A simplified family lawyer’s perspective. By Advocate Muhammad Abduroaf There is a common misconception that if a child was born out of wedlock; only the mother can be the primary Continue Reading

Child Maintenance Saga: How a mother forced the father of her child to pay child maintenance after battling for 5 years

advice-child-maintenance-child-custody-divorceMaintenance Saga: When Jill was 17 years old, she met Jack. He was much older than her, working, and very charming. Jill was in her final year of high school and in love with Jack. One thing led to another, and Jill fell pregnant with his child. When she told Jack the good news, he asked her to have an abortion. She refused. Jack was then out of the picture and nowhere to be found. She did not know where he stayed, nor did she have his work details. All she had was his mobile number. This number was useless as he blocked her. The furthest thing from her mind at the time was the issue of child maintenance.

Parents finding out

Needless to say, things did not go well for Jill. Other than having to keep the fact of her pregnancy from her parents, she also had to deal with morning sickness and weight gain. After the first trimester, her parents knew something was wrong and confronted her. She told them she was pregnant. Things then just got worse. Jill’s parents took her out of school, and she was kept out of the public eye. To them, she disgraced them. What made it even worse was that Jill could not provide much information about the father of her child. Her parents, already struggling to make ends meet, had an additional burden to pay for Jill’s gynaecological visits and medication. The child was born, and Jack was still nowhere to be found. Jill named her baby James.

Realities of life

Life moved on for Jill and her child. Jill’s mother gave up her job to care for the child and Jill had to go to work. With no matric or any special skills, Jill had to get a job in retail, working the late shifts. What she earned was not enough for her and the child’s expenses. Her parents were complaining and putting pressure on her to find the father of the child to help support him. This was not the life her parents, nor she, envisaged for her.  

The Shock – He was married

Jill called around, spoke to some people and found out where the father lived. It turned out, that Jack was married, since before he met Jill and has three children with his wife. When she met with Jack, he wanted nothing to do with her and said that it is not his child. He also told her that should she take him to the maintenance court, he will deny paternity. This left her despondent and she did not know what to do. He did not even want to meet the child. Jill could not leave it at that. She had to find a way to get Jack to support his child. It is unfair that he supports his other 3 children and gives nothing towards James. She finally found out what Jack did for a living. He was a self-employed graphic designer, working from home. Nonetheless, she wanted him to pay. She, however, did not know what to do.

The Maintenance Court

Two years passed and things were not getting better financially. Jill’s mother was getting old, and her father was soon to retire. With inflation, she earned about the same as she did when she first started working. Jill then spoke to some people who advised her to approach the maintenance court for assistance and advise. She then went to the Maintenance Court. She completed the Application Form and provided all relevant information. This included the home address of Jack. She then waited. Three months later, she received a letter in the post advising her of the date she needs to appear in court for the maintenance enquiry. The Court date was a month later. She then appeared at Court, and Jack was not there. The maintenance officer had no proof that Jack knew about the court date, so she had to issue a subpoena. Jill was told to leave and that she would be notified of the next date in due course. James just turned 3.

The Blood tests

advice-child-maintenance-child-custody-divorceFour months later, Jill, this time received a subpoena to appear in the same maintenance court. This time, she had to appear two weeks later as they took some time to get the subpoena to her. When she entered the court, she saw Jack walking with a lady wearing a suit and holding a briefcase. He did not even greet her. Jill waited outside the maintenance officer’s office and when her name was called, she entered the office where she saw Jack and his lawyer sitting. She was the same lady she saw him walking with earlier. Before Jill could say anything, the maintenance officer told Jill that Jack is disputing paternity and that she would have to go for a blood test with the child. Obviously, if Jack is not the father of James, then Jill has no right to make the application. Everything had to be kept on hold until the results were confirmed.

The paternity outcome

The first time Jack met his son James was when the blood samples were taken. Jack still wanted nothing to do with him. When they appeared back at the maintenance court 3 months later, the results were announced. Jack was 99.99999 percent the father of James. Neither Jack nor Jill was surprised with the results. But Jack’s lawyer was. She then withdrew as his lawyer. She could not represent a client who was dishonest to her. The matter, therefore, had to be postponed for legal representation. The Maintenance Court Delays Three months later, Jack and Jill again appeared before the maintenance officer. This time, Jack came with his wife. She, however, had to sit outside the office when the maintenance enquiry took place. Jack said he could not afford a lawyer and neither could Jill. When asked to produce his income and expenses, he said he did not have any. He also said that all monies he gets paid go into his banking account. But for the past 6 (six) months, he did not earn any money. The case was then postponed for Jack to bring copies of the last 6-months bank statements and for the maintenance investigator to look into the matter. The matter was then postponed for another 3 months. James was turning 4.

The paternal grandparents

When the parties appeared before the maintenance officer, Jack provided his bank statements. It depicted that he did not earn anything for the past 3 months. The maintenance investigator also could not find anything of value to show that James had money. Jill knew that Jack was lying about his income, but because he got paid in cash, there was no proof of the fact. It was then decided that they will call in the paternal grandparents to contribute towards James’s maintenance. This made Jack very nervous as his parents did not know that he had a son. Nonetheless, they were subpoenaed to Court. The matter was then again postponed for 3 months.

The maintenance settlement

When the parents of James and his grandparents appeared at the Maintenance Court, they were distraught. Never would they have thought they would ever have to visit a Court. What made it worse was that they were there because their son did not want to pay child support for his child. Embarrassed with the situation, Jack agreed to pay child support to James, on condition that his parents are kept out of the settlement. Jill agreed, and a maintenance order was granted.

Moral of the story

Never give up on claiming child maintenance for your child. Even if it takes you almost 5 years. advice-child-maintenance-child-custody-divorce

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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  share it on Social Media. Should you require any other legal services and advice, not related to family law, visit Private Legal. Purchase a Consultation with us from our Online Shop, by clicking here.  

View some of our other Child Maintenance Articles below

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Child Maintenance Saga: How a mother forced the father of her child to pay child maintenance after battling for 5 years Maintenance Saga: When Jill was 17 years old, she met Jack. He was much older than her, working, and very charming. Jill was in her final year of high Continue Reading

Questions and Answers on Wills – Last Wills and Testaments

Do you have any specific question on you last Will and Testament similar to that below? If yes, feel free to post it below.

How do I write a will for free? Is a handwritten will legal? Are handwritten wills legal in Cape Town? Do you have to go to a lawyer to make a will? Can you just write a will and get it notarized? How do I go about making a will for free? What are the requirements to make a will? What is in a simple will? Is a will valid if it is not notarized? What is a holographic will? What is the average cost of making a will? What are the requirements for a valid will? Do wills have to be dated? Is a handwritten will valid in the South Africa? Can family witness a will? Who can be a witness to a will? What is a will when someone dies? What is a legal will? What is the average cost of a simple will? What is the purpose of having a will? How do you sign a will? Is a notarized document a legal document? How much does it cost to do a will? How much does it cost to have a living will? What can I do as a paralegal? How much does it cost to get a power of attorney? Can you be an executor and a witness to a will? Can a notary be a witness to a will? Can I make changes to my will? Is a will signed by a notary legal? Is a handwritten will valid? Do notaries have to witness signatures? Can a family member be a witness on a legal document? Do you have to change your will when you move house? Can you just write a will and get it notarized? Is a document legal if it is not notarized? Do both parties have to be present to have a document notarized? How do you notarize a document? Can I notarize a document already signed? Can you get something notarized online? Do you have to sign divorce papers in front of a notary? What type of notarization is a power of attorney? What is a proof of execution? What is a subscribing witness to a will? What does it mean to be a credible witness? Can a credible witness be named in a signed document? What is an unreliable witness? What is the problem with eyewitness testimony? Why eyewitness testimony is unreliable? What is eyewitness testimony in psychology? What is eyewitness memory in psychology? Why is an eyewitness account valuable? What is a reconstructed memory? What are the effects of misinformation? Why does the misinformation effect occur? What is a repressed memory? Is a handwritten will valid? Is a notarized document a legal document? Is a handwritten contract legally binding? What do you call a person who can notarize? Can you just write a will and get it notarized? What does a contract need to be valid? Can I change my will at any time? Do you need a lawyer to change your will? How do you write a codicil to a will? Can you change a will if you have power of attorney? Can a family member be a witness to a will? Who can be a witness to a will? How do I write a will for free? Do you need a lawyer to write a will? How do I make a will online for free? What is in a simple will? Do wills have to be dated? What is a will that is oral? What does testimonies? What percent of wrongful convictions based on mistaken eyewitness testimony are common? What is motivated forgetting? Do you have to have a will notarized? What are the requirements to make a will? Why do you forget things? How do you forget something? What are the effects of misinformation? Why does the misinformation effect occur? What is a repressed memory? What is a will when someone dies? What is a legal will? What is the average cost of a simple will? What is the purpose of having a will? Why is it important to have a will? What is a joint will? What is a holographic will? What is a will and a trust? Is a handwritten will legal? What is the average cost of making a will? Are online wills valid? How much does it cost to do a will? How much does it cost to have a living will? Do my wife and I need separate wills? Is a document legal if it is not notarized? Is a notarized document a legal document? Where can I get a document notarized for free? Can you get something notarized online? Do wills have to be dated? What is a will that is oral? Can a notary be a witness to a will? Do you need a lawyer to write a will?

Questions and Answers on Wills – Last Wills and Testaments Do you have any specific question on you last Will and Testament similar to that below? If yes, feel free to post it below. How do I write a will for free? Is a handwritten will legal? Are handwritten wills Continue Reading

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