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

Do you live in Somerset West, 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 Somerset West 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 Somerset West 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 Somerset West?

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 11 February 2025 by Telelaw

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

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 Somerset West 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 Somerset West 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?

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

What level of experience should the Advocate or attorney have?

What about the Costs of an Attorney or Advocate?

What about the personality of the Advocate or Attorney?

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

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

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

Posted on 11 February 2025 by Telelaw

Appealing a Maintenance Court Decision or Judgment
In its very nature, maintenance matters are complicated and never straight forward. For starters, it deals with the income and expenditure of both parents and the needs of the child. It is not easy for a maintenance court to determine with a high degree of certainty what the true income of a self-employed parent is. The same applies to the true expenses of a parent.

Manipulating the maintenance system

It is very easy for a parent to manipulate documentation or only present information which he or she believes would be in their favor. For example, if a parent earns extra income by selling clothing, he or she may decide not to disclose that information to the maintenance Court. By doing so, the Maintenance Court will determine the maintenance of the child based on the incorrect facts presented. This could become more problematic when one parent knows of the other parent’s additional income but cannot prove it. If the parties have legal representatives, this issue of improper disclosure is limited to a certain extent. For example, lawyers would be in a good position to do their own investigations and verify certain relevant information.

Improper disclosure of expenses

Then there is the issue of the expenses of the child. The court requires a proper outline of all the monthly, daily and yearly expenditure of the child. Without all the relevant information before it, the court is not in a proper position to make a fair decision regarding child maintenance. This is so as the amount of maintenance a parent should pay is directly determined by what is the child’s monthly expenditure. For example, if a parent earns a million rand a month, his or her maintenance contributions can be no more than what the child actually cost per month.

Intentionally inflating expenses

It often happens that a parent cannot, or do not provide a true reflection as to what the child actually cost. Amounts are inflated, and there is no way that the court or the other parent can really question those amounts. Let’s say the mother is taking the father to the Maintenance Court but the father only sees the child once a month. The father, in this case, would not be able to confirm or verify whether or not the child actually eats as much as the mother makes it out to be. And many times, parents come to court with an attitude of “let me claim more and the court will give me less.”

Unhappy with the maintenance magistrate’s decision

Let’s say a maintenance enquiry was held by a maintenance magistrate, and a decision was handed down. Should both parents be happy with the decision of the magistrate, their lives can continue and the party who should pay maintenance should comply with the order. However, it often happens that one parent is not happy with the maintenance order. We often get queries where parents want to know what they can do when the maintenance Court did not find in their favor. Sometimes parents feel that the Maintenance Court was one-sided. In such a case he or she wants the decision of the magistrate to be relooked at. In order for this to happen, the Parent should appeal the decision of the magistrate.

Appealing a maintenance Court decision

The purpose of this article is not to explain the technical procedure of appealing a magistrate’s judgment. The procedure is a bit complicated and we suggest you make use of a legal practitioner to assist you should you wish to appeal a decision. However, what we want to bring home is that it is possible for the decision of a Maintenance Court to be relooked at by a higher Court and provide you with some insight as to what happens. The higher Court, in this case, will be the High Court. If you reside in Cape Town, it is the Western Cape High Court.

What happens at the Appeal Court?

Let’s say all the court rules and procedures were complied with and the matter is now before the Appeal Court. The Appeal Court will comprise of two judges. They would have read through the entire court record in the Magistrate’s Court before the matter is heard. Taking it one step back, all proceedings in the magistrate’s court is digitally recorded. So, when you decide to appeal a decision of the magistrate’s court the recordings are sent to an authorised typist, who would type out the entire Court record. You cannot type out the record yourself.

Heads of Argument

Now before you argue your case at the Appeal Court you would want the judges to first know what your arguments are. At the same time, you would like to know what the other lawyer’s arguments are. In this regard, you would file heads of argument a few weeks before the appeal hearing date. Basically, you will outline what points you will be focusing on, and what law you will be relying on.

You need to convince the Appeal Court there was an error

Your purpose at the appeal is to try to convince the judges that the magistrate erred in his or her decision. In other words, made a mistake. In relation to a maintenance Court matter, you may even wish to convince the court that the maintenance officer did not follow the procedures outlined in the Maintenance Act or he or she did not properly investigate the maintenance complaint. For example, the maintenance officer just took the father’s word when he said he was unemployed. Or the mother’s word when she said she earns no additional income.

Incorrect maintenance investigation

Had the maintenance officer done some further investigations by requesting relevant information, or instructing the maintenance investigator, the true facts would have been before the Maintenance Court. In other words, the magistrate would have made a different decision. Now, this would apply to a maintenance Court where the provisions in-place in the Maintenance Act was not followed. If this happened, you may appeal.

The magistrate’s reasons for his or her decision

The High Court judges would have the magistrate’s reasons for his decision before them. In other words, the magistrate would provide a document to the appeals court where he or she explains why he or she made a certain decision in the Maintenance Court matter. He or she may, for example, say that based upon the evidence presented, the father earned an amount which does not justify him paying more than what he is currently paying. Or the maintenance magistrate might say that based upon all the evidence presented, he could not find any information that will justify an amount greater than what the father is currently paying. The appeal Court would look at all these reasons and the evidence that was presented at court. It would listen to the arguments of the legal representatives and determine whether or not the magistrate made an error in judgment.

The appeals court’s decision

If it is decided that the magistrate made an error in judgment, the court would in those circumstances change the order or refer the matter back to the maintenance court for a proper enquiry. If the court decides that the magistrate was correct in its judgment, it will dismiss the appeal. So in short if you are dissatisfied with a maintenance magistrates court decision, you have full right to appeal it.

Posted on 11 February 2025 by Telelaw

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Cape Town?
A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Johannesburg, the law applicable would be the same throughout South Africa.
Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case:
Experience and Expertise:
Specialization in family law, particularly child custody cases.
Proven track record of successfully handling similar cases.
Knowledge of Family Law:
In-depth understanding of family law.
Awareness of recent legal developments and changes in family law.
Communication Skills:
Effective communication skills to clearly articulate your case in court.
Ability to negotiate and mediate to reach favourable settlements.
Compassion and Empathy:
Understanding and empathy towards the emotional challenges involved in child custody disputes.
Ability to provide emotional support to clients during a difficult time.
Strategic Thinking:
Ability to devise a strategic legal approach tailored to the unique aspects of your case.
Forethought and anticipation of potential challenges.
Availability and Responsiveness:
Prompt responses to client inquiries and concerns.
Availability for meetings, court appearances, and consultations.
Client Reviews and References:
Positive reviews from previous clients.
Recommendations from colleagues or other legal professionals.
Ethical Conduct:
Adherence to professional and ethical standards.
Transparent and fair billing practices.
Courtroom Experience:
Comfort and confidence in a courtroom setting.
Skillful presentation of arguments and evidence.
Resourcefulness:
Resourcefulness in finding legal precedents and utilizing available resources to strengthen the case.
Problem-Solving Skills:
Creative problem-solving skills to navigate complex family dynamics and legal issues.
Custody and Visitation Knowledge:
In-depth knowledge of various custody arrangements and visitation schedules.
Ability to advocate for the best interests of the child.
What should you consider when meeting with a family law attorney or advocate?
When looking for a great child custody lawyer, it’s essential to schedule consultations, discuss your case, and assess whether the lawyer, attorney, or advocate possesses the qualities and skills that align with your needs and goals. Additionally, consider seeking recommendations from trusted friends, family members, or other legal professionals. Finding the best child custody lawyer involves thorough research, careful consideration of your specific needs, and evaluation of the lawyer’s qualifications. Here are some steps you can take to find the right child custody lawyer for your situation:
Define Your Goals and Needs:
Clearly identify your goals and priorities in the child custody case.
Determine the specific services you need from a lawyer, such as legal representation, mediation, or collaborative law.
Research Local Family Law Attorneys:
Use online legal directories and referral services to identify family law attorneys or Trust Account Advocate in your area.
Seek recommendations from friends, family, or colleagues who have gone through similar situations.
Check Credentials and Specialization:
Look for lawyers who specialize in family law and, more specifically, child custody cases.
Check their credentials, education, and any certifications related to family law.
Read Reviews and Testimonials:
Read online reviews on legal review websites, social media, or the lawyer’s own website.
Consider testimonials from previous clients to gauge the lawyer’s reputation and success rate.
Consult with Multiple Lawyers:
Schedule consultations with several child custody lawyers to discuss your case.
Prepare a list of questions to ask during the consultation, covering topics such as experience, approach to cases, and expected outcomes.
Evaluate Communication Skills:
Assess the lawyer’s communication style and whether you feel comfortable discussing your case with them.
Ensure that the lawyer listens actively and provides clear explanations of legal processes.
Consider Experience:
Inquire about the lawyer’s experience in handling child custody cases similar to yours.
Ask about their success rate and outcomes in past cases.
Review Legal Fees:
Discuss the lawyer’s fee structure during the consultation.
Clarify billing practices, retainer fees, and any additional costs associated with your case.
Check Disciplinary Records:
Verify the lawyer’s standing with the Legal Practice Council of South Africa.
Check for any disciplinary actions or complaints against the lawyer.
Seek Second Opinions:
If you have initial concerns or uncertainties, consider seeking a second opinion from another attorney or advocate.
Compare advice and recommendations from multiple sources.
Trust Your Instincts:
Pay attention to your instincts and gut feelings about the lawyer.
Choose a lawyer you feel comfortable working with and who understands your unique situation.
Negotiation and Mediation Skills:
Assess the lawyer’s ability to negotiate and mediate, especially if you prefer an amicable resolution.
Remember that finding the best child custody lawyer is a personalized process, and the right fit for one person may not be the best for another. Take the time to thoroughly research and evaluate potential lawyers to make an informed decision based on your specific needs and circumstances.
We service clients in all cities: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Posted on 11 February 2025 by Telelaw

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:

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

Father being refused contact to his child! What are his rights as a Father?

The concept of Family

Fam-i-ly. A three-syllable word, that means so much. The concept of family is a very broad one and one that takes more than one form. There is the traditional form, and a more modern one. When you say “she is family”, you may be referring to your father’s cousin, a grandparent, or a niece. However, people most often referred to are those closest to you, referring to blood relations, for example, a parent or child. The most basic social unit of what a family comprises of – two parents and in most cases a child.

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

However, the law now sees people as family who are not necessary married to each other in law, but who may be cohabiting as life partners, bringing a more modern concept to it. As the law recognises family relations, it therefore imposes certain rights, obligations, and certain restraints when it comes to family. For example, spouses have a legal obligation to maintain each other, and you may not marry your sibling. Another example is that of inheritance, even if you never knew you had a child, at your death, he or she would inherit from you if you die intestate, all just because, you are Fam-i-ly.

What is a father?

This article deals with the legal relationship between a biological father and a child. Not all men are blessed with being referred to as a father. In order to be a father, you have to be a male parent to a child. The child must have been born from you. And therefore, every child can only have one father. However, from the moment you became a father, the law imposed certain rights and responsibilities. These responsibilities will remain until you or your child’s demise. The scope of this article is not to stipulate what a good or bad father is. It is to outline what the responsibilities and rights of a father are towards his child.

What are the father’s rights towards his child?

This article is inspired by the fact that many fathers who are not in a marital, or romantic relationship with the mother of his child, are refused the rights to exercise his parental rights and responsibilities towards his child. In South Africa, we have the Children’s Act 38 (Act 38 of 2005), which came into effect on 1 April 2010. Here section 10 of the Act is of use. It defines parental responsibilities and rights, which includes the right to care for the child, to maintain contact with the child, to act as guardian of the child; and to contribute to the maintenance of the child. Fathers of children born out of wedlock does not automatically have rights towards their child. In order for you to form part of such a child’s life you need to fulfil the requirements of section 21 of the Act, which basically states:

at the time of the child’s birth, you are living with the mother in a permanent life-partnership; and
you contribute or have attempted in good faith to contribute to the child’s upbringing for a reasonable period;
you contribute or have attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.

Many fathers would have been married to the mother. Others would have meaningfully partook in the child’s life from birth. Therefore, there should generally be no difference between a child born from a marriage and a child born outside of a marriage. To take the statement further, it is possible for a father of a child born out of wedlock to be the primary care giver of the child, where the mother is only entitled to see the child at certain times and circumstances, or not at all.

What is meant by the terms care and contact?

The question is now posed, what is meant by this right of care and contact a father has towards his child? The Act provides a very holistic understanding of the concept of care. This includes providing the child with proper accommodation, guidance, protection and so on. Basically, to do, and provide the child with whatever is in his or her best interests. Contact, on the other hand entails maintaining a personal relationship with the child, visiting or being visited by him or her, and communication with the child in various forms.

Can the mother of your child deny you contact and care rights?

Now we deal with the issue of whether or not the mother of your child can arbitrary deny you from exercising your parental responsibilities and rights of care and contact. Should a mother feel that the father of her child should have limited rights and care to his child; in order for her to limit his rights, the mother should have a very good reason for doing so. Her reason should be motivated by what is in the child’s best interest and nothing else. However, what is in the child’s best interest is an objective assessment and not a maternal one. All factors are to be considered. Therefore, by way of example, should the mother’s reason be that the father has a new girlfriend, or that she does not like his parents – that would not on the face of it be a good reason. Therefore, should the father unreasonably be refused care and contact, he can invoke the law. Should he decide to litigate, the court would assess the matter and make a ruling as to what is in the minor child’s best interest. The court may agree with the mother, or the father, or with none of them.

Final words to fathers

As a father of a child, you are legally afforded with certain parental responsibilities in relation to your child. In South African law, there is no distinction between the rights of a mother and that of a father in relation to a child if the father has full parental rights and responsibilities. However, what the law looks at is what would practically make sense when exercising those rights and responsibilities. In other words, we cannot cut the child in half. The yardstick is, what is in the child’s best interests. All families are different, with many variables at play. Therefore, if it would be in the minor child’s best interests to reside with their mother, that should happen. Even if the father only sees the child on Christmas eve, then that should be the case. However, in the same breath if it would be in the minor child’s best interest for the minor child to reside with the father and the mother to have contact once a month, then that should be enforced. Therefore, if you as a father are unreasonably being obstructed from exercising your rights of care and contact, get legal advice, and enforce your rights.

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.

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

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

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

What level of experience should the Advocate or attorney have?

What about the Costs of an Attorney or Advocate?

What about the personality of the Advocate or Attorney?

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

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