Best advice on finding a top divorce lawyer for your divorce case in Blouberg, Cape Town

Do you live in Blouberg, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Blouberg or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for your divorce matter that can adequately and properly advise you or handle your divorce. The advice would apply whether you live in Blouberg or anywhere else in South Africa. The issues we shall deal with are the following.
  • Gender of the Advocate or attorney;
  • Location of the Advocate or attorney;
  • Experience of the Advocate or attorney;
  • Costs of the Advocate or Attorney; and
  • The personality of the Advocate or Attorney.

What is the best gender of the Advocate or Attorney I need to use for my divorce? Is a male or female better?

Generally, the gender of your Advocate or Attorney should not play a role at all in a legal matter. However, depending on your background and the issues involved in your divorce, you may prefer a specific gender where you may feel more comfortable. A female who has been emotionally, physically and psychologically abused may be more comfortable with a female Attorney or Advocate. However, the same female client may prefer a male Advocate or Attorney. No more will be said on this issue.

What is the ideal office location of the Advocate or attorney? Does it have to be in Blouberg?

The location or office of your attorney or Advocate is essential if you wish to consult with them in person. It is also ideal, but not necessary, for their offices to be close to the Court where the divorce would be handled. However, many lawyers make use of correspondent lawyers for this purpose. Furthermore, location should not be an issue if you want a specific lawyer to handle your case. This is so especially seeing that people are making use of virtual meetings.

What level of experience should the Advocate or attorney have?

It is important to remember that not all legal matters require the best lawyer. If your divorce is straightforward, finding the best lawyer in the field is unnecessary. The best may be very busy and lack the time to give your case the attention it deserves. However, if your matter is complicated, then in that case, the most experienced and best lawyer out there is not warranted.

What about the Costs of an Attorney or Advocate?

For many, the costs of the Attorney or Advocate are the most crucial consideration when it comes to enlisting their services. Usually, the more experienced the Attorney or Advocate, the more they would charge. Another aspect that affects costs is the nature of the expertise of the Advocate or Attorney. If the issues in your matter are highly technical and complicated, an Advocate or Attorney with expertise and experience may charge more.

What about the personality of the Advocate or Attorney?

Many may discard the Advocate or Attorney’s personality as not important. However, it is essential to note that it may be time to change lawyers if you do not get along well with the Advocate or Attorney because of their personality. A lawyer and their client would develop a professional relationship in family law matters. This is especially so when the lawyer must discuss many personal issues regarding you, your marriage, children, finance, spouse etc. If you cannot get along well with your Attorney or Advocate, you may not divulge important information relevant to your case.

What is our best advice to a client looking for an Advocate or Attorney in a divorce matter?

Considering all the factors mentioned above, before enlisting the services of an Advocate or Attorney, ensure you enlist the right one. Do not look for the most experience or best, or the top one in family law. You may have to change lawyers if you do so and cannot afford legal bills. Therefore consider the above and any other factors that you may consider necessary when deciding on enlisting the services of an Advocate or an Attorney. Best of luck.
Posted on by Telelaw

Best advice on finding a top divorce lawyer for your divorce case in Blouberg, Cape Town

Do you live in Blouberg, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else.

However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Blouberg or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced.

Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for your divorce matter that can adequately and properly advise you or handle your divorce. The advice would apply whether you live in Blouberg or anywhere else in South Africa. The issues we shall deal with are the following.

  • Gender of the Advocate or attorney;
  • Location of the Advocate or attorney;
  • Experience of the Advocate or attorney;
  • Costs of the Advocate or Attorney; and
  • The personality of the Advocate or Attorney.

What is the best gender of the Advocate or Attorney I need to use for my divorce? Is a male or female better?

Generally, the gender of your Advocate or Attorney should not play a role at all in a legal matter. However, depending on your background and the issues involved in your divorce, you may prefer a specific gender where you may feel more comfortable. A female who has been emotionally, physically and psychologically abused may be more comfortable with a female Attorney or Advocate. However, the same female client may prefer a male Advocate or Attorney. No more will be said on this issue.

What is the ideal office location of the Advocate or attorney? Does it have to be in Blouberg?

The location or office of your attorney or Advocate is essential if you wish to consult with them in person. It is also ideal, but not necessary, for their offices to be close to the Court where the divorce would be handled. However, many lawyers make use of correspondent lawyers for this purpose. Furthermore, location should not be an issue if you want a specific lawyer to handle your case. This is so especially seeing that people are making use of virtual meetings.

What level of experience should the Advocate or attorney have?

It is important to remember that not all legal matters require the best lawyer. If your divorce is straightforward, finding the best lawyer in the field is unnecessary. The best may be very busy and lack the time to give your case the attention it deserves. However, if your matter is complicated, then in that case, the most experienced and best lawyer out there is not warranted.

What about the Costs of an Attorney or Advocate?

For many, the costs of the Attorney or Advocate are the most crucial consideration when it comes to enlisting their services. Usually, the more experienced the Attorney or Advocate, the more they would charge. Another aspect that affects costs is the nature of the expertise of the Advocate or Attorney. If the issues in your matter are highly technical and complicated, an Advocate or Attorney with expertise and experience may charge more.

What about the personality of the Advocate or Attorney?

Many may discard the Advocate or Attorney’s personality as not important. However, it is essential to note that it may be time to change lawyers if you do not get along well with the Advocate or Attorney because of their personality. A lawyer and their client would develop a professional relationship in family law matters. This is especially so when the lawyer must discuss many personal issues regarding you, your marriage, children, finance, spouse etc. If you cannot get along well with your Attorney or Advocate, you may not divulge important information relevant to your case.

What is our best advice to a client looking for an Advocate or Attorney in a divorce matter?

Considering all the factors mentioned above, before enlisting the services of an Advocate or Attorney, ensure you enlist the right one. Do not look for the most experience or best, or the top one in family law. You may have to change lawyers if you do so and cannot afford legal bills. Therefore consider the above and any other factors that you may consider necessary when deciding on enlisting the services of an Advocate or an Attorney. Best of luck.

Related Post

Parents with Mental illnesses in child custody and care matters in South Africa

Biological parents are the ones who have parental responsibilities and rights over their children. Not grandparents, aunts, uncles and so on. Parental responsibilities and rights refer to caring, maintaining and acting as guardian for the child, to mention a few. Mothers automatically have parental responsibilities and rights of care, contact and guardianship, and fathers may either have it or acquire it. This depends on the facts of the case. The obligation to maintain your child however always applies.

Various factors are looked at when deciding what is best for a child

Having said the above, how parents exercise their parental responsibilities and rights would differ from case to case, especially if the parents are not living together. In such a case, various factors and circumstances will be looked at in determining what is best for the child. As would be seen later, in the case of a dispute in relation to how separated and divorced parents should exercise care and contact, expert advice needs to be considered. What this article deals with is how to resolve the issue of parental responsibilities and rights of care and contact when it comes to a parent having a mental illness or disease.

The child’s best interests in all matters concerning a child

We all want what is best for our children. That includes for them being cared for in the best possible way, either by you as a parent, or the other parent if that is best. Having parents who are mentally sound as caregivers are, therefore, an important aspect when it comes to raising a child. Logical and rational caring would take place under the circumstances. Parents would, therefore, communicate in a sensible way with the goal of caring for the child in the best possible way.

Mental illness in a parenting situation

If a couple lives together, and one of them has a mental illness, the other parent would be in a good position to care for the children and the other ill parent. However, problems arise when the parents are separated or no longer living together. The question is what happens to the child if one of the parents are mentally ill or have a mental disease or disorder? It must be stated that not all mental illnesses and diseases warrant consideration when it comes to the issue of care and contact in relation to minor children. If the mental illness or disease is adequately treated through medication and therapy, then it may not be a factor when it comes to parent’s parental responsibilities and rights of care and contact.

Types of mental illnesses and disorders

There are various types of mental illness and diseases. Some of the main groups of mental disorders are:
  • mood disorders (such as depression or bipolar disorder)
  • anxiety disorders
  • personality disorders
  • psychotic disorders (such as schizophrenia)
  • eating disorders
  • trauma-related disorders (such as post-traumatic stress disorder)
  • substance abuse disorders
Examples of signs and symptoms include:
  • Feeling sad or down
  • Confused thinking or reduced ability to concentrate
  • Excessive fears or worries, or extreme feelings of guilt
  • Extreme mood changes of highs and lows
  • Withdrawal from friends and activities
  • Significant tiredness, low energy or problems sleeping
  • Detachment from reality (delusions), paranoia or hallucinations
  • Inability to cope with daily problems or stress
  • Trouble understanding and relating to situations and to people
  • Problems with alcohol or drug use
  • Major changes in eating habits
  • Sex drive changes
  • Excessive anger, hostility or violence
  • Suicidal thinking
  If any of the above-mentioned mental disorders and symptoms thereof would detrimentally affect a parent’s capability to care for a child; then it needs to be considered in a child custody matter. It could, therefore, happen that one parent who had custody over a child, loses it, due to developing or acquiring a mental illness.

How mental illness and diseases may manifest itself in child care and parenting situation

It may be that people with mental illnesses live normal lives as single individuals without any children. They would go to work, partake in sport, and socialize as any other person would. However, when children come into the picture, their mental illness could cause the following to occur:
  • The minor children are not cared for due to one parent having an obsessive-compulsive disorder of always washing his or her hands. They are therefore not fed on time, bathed nor care for properly;
  • A parent is violent and abusive towards the children. He may get angry very fast and act violently;
  • The parent is on strong medication which causes the parent to want to sleep all the time. The minor children are therefore not cared for at all and left to their own devices;
  • The parent lost all form of rationality and makes illogical decisions when it comes to the minor children, placing them in danger. For example, the parent may decide to take the minor children to walk with him or her to the shop late at night when it is dangerous to do so; and
  • The parent may suffer from hallucinations and live in a fantasy world. He or she may be guided on how to parent the minor children from “spirits” who visits and communicates with her.

Diagnoses of mental illness in a parent

It often happens that before a couple has a child, there are no apparent signs of mental illness. It may even happen that the parents of one of the parties knows of some underlying mental illness, but does not want to disclose it to the new person in their child’s life. In other cases, it is well known to all that there is a diagnosis of mental illness which is under control through medication, therapy and so on. And then there is the case where the person with the apparent mental illness does not want to seek any help or is in denial.

What happens after the child is born where one parent has a mental illness?

We are not medical doctors, psychologists, nor psychiatrists. However, in our experience, we noticed, in many of the cases we dealt with, that once a couple has a child, the mother’s medical illness surfaces, or becomes worse. The same may apply to the father. This observation could be because those types of matters make it to our office and should therefore not be a general assumption. However, be that as it may, if one parent has a medical illness that could affect her parenting skills, that needs to be looked at. This is so, even though it is not the parent’s fault that he or she has a mental illness. Now the best-case scenario would be for both parents to remain together if one has a mental disorder when there is a child involved. In that way, the child would be raised with both parents in his or her life and they can work as a team. Depending on the symptoms of the medical disorder, the family can live a balanced and fruitful life.

What happens to the child if the parents separate or divorces?

This is where the issues arise. Should the parents’ divorce or separate, the parties would have to decide who is best suited to care for the minor child or children. If the parent with the mental disorder was the primary caregiver of the minor child since birth, it would be hard to consider a change in primary caregiving. The parent with the mental illness may feel that it would be best that he or she care for the child, despite his or her mental condition. This is where things become very complicated and challenging. On the one hand, you have a parent who always cared for the child, but now has a mental illness, and want to retain primary care. On the other hand, you have a parent who was never the primary caregiver but now wants primary care due to the other parent’s mental condition.

Factors to be considered by the court and experts

Various factors come into play. For example, the age of the children, in whose home they will be living in, and also the mental condition itself. For example, if the child is 16 years old, and the mother has a serious mental illness, for the past 10 years, it would make little sense to change the primary residence of the minor child on that factor alone. By now the child would have learned to care for himself with the assistance the mother provided under the circumstances. On the other hand, if the child is 6 years old, and the mother cannot even take care of herself, then under those circumstances, it may be a good idea if the father primarily cares for the child after separation.

How does one resolve the issue of primary care if one of the parents have a mental condition?

Seeing that the condition is a medical one, mental health care experts need to get on board. An assessment would have to be made as to whether or not the child can be cared for by the relevant parent notwithstanding his or her mental condition. If there is no documentary proof, and such is required for court; the problem that one may encounter is that of doctor-patient confidentiality. This may not always be the case. But especially so if the parents were not married or living together. Usually, medical aid statements would give a timeline of the condition and its treatment. This would apply if the parent with the condition is on the other parent’s medical aid. If the medical practitioner is willing to give a report on the patient’s medical condition, and the inability to care for the minor child; things should be easier to resolve. However, if no such report or diagnosis is forthcoming, then things would be a bit more challenging. Either way, even if you have the report confirming the medical condition, and the issue is not resolved, then the court needs to be approached.

Approaching the court in a child custody matter where one parent has a mental illness

Not all cases of mental illness warrant a child being removed from the care of the primary caregiver. Each case is different and it depends on the facts of each one. However, should the mother had primary care, and she refuses to have the minor child reside with the father due to her mental condition, the court, unfortunately, have to be approached. If the father, in this case, has proof that the mother is mentally unsound and unable to care for the minor child, then the court would have to consider such evidence. This could be a report from the treating doctor or some medical records. The court may however not be in a position to decide how contact and care arrangements should be exercised. For this, the court may want the Office of the Family Advocate or a private social worker or psychologist to conduct an investigation and provide a report in the matter. Once the court has the expert report and heard from both parents concerned, would the court be in a favourable position to rule on what is best for the minor child? It does not mean that because the mother has a mental illness that she should not remain the primary caregiver. As outlined above, various factors would need to be considered. Especially the impact the mental illness would have on her caring ability towards the minor child. 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      
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[caption id="attachment_7045" align="alignleft" width="300"]Passport Application fro a Minor Child where father cannot be found or does not give consent. Child Relocation, Passports, Custody, Surname Change and the High Courts[/caption]

Child Relocation, Passports, Custody, Surname Change, and the High Courts – Simplified

advice-child-maintenance-child-custody-divorceWhat does Child Relocation, Passport disputes, Custody issues, and surname changes have in common? They are all matters which a court of law resolves if the parties cannot do so. Other than child custody issues that can be resolved by the Children’s Court, disputes in relation to Child Relocation, Passport Disputes and Surname changes for minor children are dealt with in the various Provincial High Courts in South Africa where the child ore parties reside. Much has been written in this website regarding child custody, relocation of minor children, and passport disputes. They have however not been dealt with simultaneously in one article. This is what this article intends to do. It basically provides the intertwined application of the law. With the rise in relocation and disputes regarding care and contact in South Africa, this article would be useful for many parents. However, if you wish to view some of the articles already written on the aforementioned topics, feel free to click on the following links: – Minor children born out of wedlock – Whose surname should they have? – Passport Application for my child. I cannot find the father to give consent at the Department of Home Affairs – Child Custody – Articles and Posts – Relocate with the minor child. Parent Refusing Consent for a Passport

Popular relocation countries for South Africans

If you wish to emigrate from South Africa, there are many places in this world to consider. Some would be more ideal than others. But it all depends on the reason for the relocation. Here is a list of the top countries South Africans and emigrating to:

  • United Kingdom (UK)

  • Australia

  • United States of America (USA)

  • New Zealand

  • Canada

  • Angola

  • Botswana

  • Chile

  • Zimbabwe

  • Germany

  • Netherlands

  • Swaziland

  • Israel

  • Portugal

  • Mozambique

  • Ireland

  • Malawi

  • Switzerland

  • Namibia

  • Greece

If you intend to relocate to a country or region not mentioned above, read on, this article still applies to you.

The Child’s Best interests – A Constitutional Right

You guessed it, this article will commence with the fundamental principle in our law – the child’s best interests. This principle is an international principle, applied all over the world. Locally, the principle is found in our Constitution, Act 108 of 1996 and in the Children’s Act 38 of 2005. Let us unpack it. Section 28 (2) of our Constitution states that “[a] child’s best interests are of paramount importance in every matter concerning the child.” Furthermore, section 9 of the Children’s Act 38 of 2005 states that “[i]n all matters concerning the care, protection, and well-being of a child the standard that the child’s best interest is of paramount importance, must be applied.” There you have it. The golden thread that should weave through every matter, application or dispute when it comes to children is – priority should be given to their best interests. Of course, this makes sense. Children are our future and a vulnerable sector of our society. Parents are the ones with the issues, and the children are innocent bystanders affected by all this noise. The law and society should, therefore, ensure that they are protected and given the best deal in the equation. Now let us move on to the topic of child custody, followed by passport applications, and then relocation. Lastly, we deal with surname changes of minor children.

Child Custody Disputes

advice-child-maintenance-child-custody-divorceThis is where the disputes usually begin. However, not many parents understand the concept of child custody. The legal term now used for custody is care. This was introduced in the Children’s Act 38 of 2005. However, for the sake of ease, we shall continue to refer to it as custody in this legal article. We receive many queries where a parent is actually primary caring for the child, but still, want “custody” over the child. The reality of the matter is that that parent already has “custody” over the child as the child is primary living with him or her. What such parent most probably want is a court order confirming that. The reason for that varies but is mostly for stability and peace of mind. The reason for dealing with child custody is that it has a direct bearing on disputes regarding relocation, passport applications, and surname changes. It is usually the parent who is exercising primary care who approaches us regarding the latter issues. They would want to relocate, apply for a passport or change the minor child’s surname, but the other parent does not want to consent. Obviously, it is possible for a parent who does not have the primary care to want to try and relocate with a child. This would hold water if it would be in the child’s best interests. And if the child does not have a passport, the non-custodial parent may want to make an application to the court to dispense with the other parent’s consent. And with relocation, changing a child’s surname to that of the parent who the child will be relocating with, may be a good idea. Now let’s have a look on the legalities of a passport application, relocation and a surname change for a minor child.

Passport Application for minor children

Our starting point is our Constitution. It affords everyone the following rights:
  • Everyone has the right to freedom of movement;
  • Everyone has the right to leave the Republic;
  • Every citizen has the right to enter, to remain in and to reside anywhere in, the Republic; and
  • Every citizen has the right to a passport.
As mentioned earlier, the usual scenario is that a parent who has “custody” over the minor child would like to leave the country with the minor child. This can be for a holiday, or to visit a family member. This is the easy one, as the law affords every citizen the right to a passport. However, the unfortunate issue is that according to section 18(5) of the Children’s Act, all guardians of a child must consent for a minor child’s passport application. However, let’s say the child was born out of wedlock, the unfortunate issue is that the Department of Home Affairs has no idea if the father has guardianship or not. Therefore, it seems that they always ask for the father’s consent. Now, if the other parent does not want to visit the Department of Home Affairs to give the necessary consent for a passport, an application would have to be made to the Court as provided for in section 18(5) of the Children’s Act. This would be to dispense with the requirement that the co-guardian’s consent is required.  The Court would make a decision as to what is in the child’s best interests. In our view, considering the relevant sections in the Constitution mentioned earlier, such an application would more than likely be successful.  Now let us move to relocation which is almost never straightforward.

Relocation of minor children

advice-child-maintenance-child-custody-divorceThere are many reasons why a parent needs to relocate to another country. One reason could be for better employment opportunities. The other reason could be due to marriage. If you have a child, you would want to take the child with you. Relocation is never an easy legal issue. For one, it means that a parent who regularly had contact to his or her child, would not only see the child via electronic means only, for example, Skype Video, but only physically, every few years. As mentioned earlier on, what the law looks at is what is in the child’s best interests. This is a difficult task for all concerned. For one, if the other parent refuses to consent, the court would then have to override such consent. But if the court does not do so, the question is, would the child be better cared for by the non-custodial parent. That is most probably the argument that the non-custodial parent would bring to the table. “The child must stay in South Africa, and I will look after her”. At the end of the day, after the court heard the arguments for the mother, and the father and all the experts involved, if any, the court would have to make the decision as to whether relocation with the parent would be in the child’s best interest. Deciding factors would be better living conditions and education for the minor child. Each case is different. But as always, what is best for the child would win the day.

Surname changes of minor children

Surname changes for minor children can be a bit tricky. Firstly, the Department of Home Affairs would require both parents to consent to any change. However, the decision is left up to the Director-General of Home Affairs to make that decision. A good reason for a surname change of a minor child is that he or she does not have the surname of his or her primary caregiver. Due to the fact that the minor child does not have the surname of the primary caregiver, issues could arise at school, when traveling, or socially. In such a case, a change of the minor child’s surname may be warranted. If the other parent does not consent to the application for a surname change, then the Court needs to be approached. The Court would have to decide whether or not the other parent is reasonable in their refusal and acting in the child’s best interests. If it is in the child’s best interest that an application for a surname change is made, then the Court would order it.

Way forward

If you require any advice on any of the aforementioned issues, feel free to contact us to set up a consultation. advice-child-maintenance-child-custody-divorce          
Posted on by Telelaw

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