I want the best lawyer for my legal case. What are the traits of the best lawyers (advocate or attorney) in South Africa? I want to win. In the intricate tapestry of the legal profession, certain individuals rise to the zenith, embodying the epitome of legal excellence. The title of Continue Reading
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Tricks and tips on how to win your child maintenance case
Connect with Adv. Abduroaf– Click here [caption id="attachment_7074" align="alignleft" width="269"]
Advocate Muhammad Abduroaf – Advocate of the High Court of South Africa[/caption] Child maintenance legal issues might sound simple, compare to, for example, a criminal case of fraud. However, a child maintenance case could be much more complicated, challenging and exhausting. That, however, does not have to be the case. At least not always. Find out some of the tips and tricks provided by Advocate Muhammad Abduroaf, a family law expert with more than a decade of experience in family law, and child maintenance matters. Read on to find out some tips and tricks of the trade. Valuable advice is given on what to do through the maintenance court process. Download your Child Maintenance Calculator, click here. [maxbutton id=”2″ ]Child Maintenance and Applications – How does it work?
The focus of this article is not to explain how child maintenance work, or how to apply for child maintenance. There are many articles written on that topic. But in short, parents must pay according to their means. So, if a child’s expense the month is R 60 (obviously this is a fictitious example) and the father earns R 500 a month and the mother R 250 a month, then if all else is equal, the father should contribute R 40 towards the minor child’s expenses, and the mother, R 20. Now that is the long and short of the matter. However, other factors also play a role. They include the necessary expenses of each parent, which determines how much they should contribute, as well as what assets the parents own. For example, if a father earns R 100 a month, and the mother R R800 – 00, the father would pay the majority of the minor child’s expenses if he owns other assets worth R 100 000 – 00 and the mother none. Purchase a Consultation with us from our Online Shop, by clicking here.
What are the challenges in child maintenance cases for parents?
Now we deal with the challenges. The child costs R 60 per month, but the parent who is supposed to pay maintenance, the father, in this case, is only willing to pay R 10 per month. This is what he says he can only afford and what he believes the minor child needs. He says that if he pays more, the mother would use the money for herself. But the facts as in the example above, the father earns R 500 a month and the mother, R 250. Therefore, the father should pay R 40 and not R 10 as he offers. The challenge the mother now has is to prove that the father can afford to pay R 40 and not R 10 as he offers. The mother is worried, that should she go to the maintenance court for help, she would only get R 5 because that is what the father said he will pay should she go to court. What is our advice? Go to Court!The Maintenance Court – What do they do?
If a parent does not pay reasonable child maintenance, the maintenance court can enforce compliance. This they would do through the Maintenance Court enquiry process. Once a maintenance order is made, it becomes a criminal offense not to adhere to it. The court may even issue a warrant attaching property, or salary.The maintenance investigator at the Court
Each maintenance court has a maintenance investigator. What this investigator does is gather evidence in a maintenance court case. However, in practice, no one may tell you that there is a maintenance investigator who could assist you in your case. This could be because of the huge amount of maintenance cases that come through the doors of the court.How does the maintenance court make a decision?
Now, this is where it becomes challenging. The maintenance court can only make an order against a parent if there is evidence that he or she can afford the maintenance claimed, and obviously, the amount claimed is fair. The problem in practice is, the mother alleges that the father can afford the child maintenance, but she has no concrete evidence to back it up. The father is also not forthcoming, and only shows evidence that he cannot afford the amount claimed. The mother knows that he can afford the required amount due to his standard of living and what she experienced while they lived together.What tips are there for the mother in maintenance matters?
What follows is a list of things you can do, either yourself or through the maintenance court. However please note that the court won’t entertain your application for child maintenance should it be excessive. In other words, if you know the father cannot afford the amount claimed, or that you are intentionally claiming too much; then, in that case, you would be wasting your time. If you have a legal representative, you would be wasting money as well. Purchase a Consultation with us from our Online Shop, by clicking here.Maintenance Court Investigator
Insist that the maintenance court instruct the maintenance investigator to investigate the financial affairs of the other parent. This you should even more so insist on if the father does not even provide the court with a copy of his salary slip and outline of expenses.The father’s employer
Ask the maintenance court to issue a subpoena against the father’s employer for the salary advice of the father. Also, request details of the father’s pension interest the father may have.The father’s banking account
Obtain the father’s bank statements. Here you should ask the court to subpoena various banking institutions for bank statements of the father. Bank statements hold in them valuable information about the lifestyle of a person. You may find out that the father spends half his money on his cell phone or luxury clothing. You can use this information to show the court that the father can tighten his belt and spend more money on his child. What sometimes happens is, you may find additional income coming into the father’s banking account.Father’s Credit Profile
Have the maintenance court obtain a credit profile of the father. From the profile, valuable information can be obtained. For example, where he last applied for credit, employment and residential details. If the father says he does not have money, but he applied for credit to purchase a new car, clearly there is money.Social media (Facebook, Twitter, Instagram, Pinterest etc.)
These days, many people publish their lives on social media. If the father, in this case, keeps loading pictures and posts of how he lives the good life; that information may be used to show the maintenance court that the father lives a life different than what he wants the court and you to believe. Many people also make use of LinkedIn accounts. On it, they provide updated employment details. This would be useful to show the court should the father say he is an admin clerk. but on LinkedIn tell the world he is a manager.Property Search in maintenance matters
What may be useful, is to do a property search on the father. Here you would find out what property that person owns. For example, the father may rent a house, but own a house in a different province where he obtains rent. That house he could have inherited.Other tips and tricks in child maintenance matters
Each case is different. What would work in one maintenance matter, won’t work in another. For example, if someone is self-employed, and only get paid with cash, the dynamics are different. There won’t be any bank statements or payslips. In such a case, you need to be creative. Maybe ask questions to clients of the father and find out what he does and charges. If you can obtain the names of people the father does business with; that would be very useful. You may provide that information to the maintenance court and the investigator could follow up on it. If the father sees that you are getting somewhere, he may decide to pay a fair amount.Final words in child maintenance matters
Your maintenance case is largely dependent on you proving that your child needs the requested amount. If you do not have proof, or cannot prove it, even if you show that the father can afford it, the court won’t order him to pay it. The court would only order him to pay what is fair and proved. Therefore, always ensure that you keep proof of your income and expenses up to date and ready to provide it to court. Download your Child Maintenance Calculator, click here.Have a family Law appointment with us
We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option).
You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today. 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. Should you require any other legal services and advice, not related to family law, visit Private Legal. Or click here for the details of Cape Town Advocate, Muhammad Abduroaf. Purchase a Consultation with us from our Online Shop, by clicking here.
What are the challenges in child maintenance cases for parents?Tricks and tips on how to win your child maintenance case Connect with Adv. Abduroaf– Click here Child maintenance legal issues might sound simple, compare to, for example, a criminal case of fraud. However, a child maintenance case could be much more complicated, challenging and exhausting. That, however, does not Continue Reading
I require a law firm to assist me in my Appeal or Review matter. I feel that the judgment or ruling was unfair.
What are your contact details?
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]
The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:High Court matters
- Civil claim surrounding money;
- Interdicts;
- Divorces (Opposed and unopposed);
- Child Custody and guardianship disputes;
- Relocation of minor children;
- Various criminal matters;
- Minor children surname changes;
- Appeals and Reviews; and
- Other matters.
Magistrates Court matters
- Civil claim surrounding money;
- Various criminal matters;
- Interdicts;
- Maintenance Court matters;
- Divorces Court matters (Opposed and unopposed)’
- Children’s Court matter; and
- Other matters.
Constitutional Court
- Appeals
Supreme Court of Appeal
- Appeals and Reviews
We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg
I require a law firm to assist me in my Appeal or Review matter. I feel that the judgment or ruling was unfair. What are your contact details? If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following Continue Reading
Passport Applications for minor children: What you need to know – Department of Home Affairs – Questions and Answers
Should you require any advice on an application for a passport of a minor, where the co-parent refuses to consent or co-operate; feel free to set up a consultation with us. You may call 0211110090 or click here to do it online.Leaving South Africa, and visiting another country is something many people do on a daily basis. The reason, therefore, could either be for a holiday, business, a death in the family, and so on. Or it might be to relocate to another country to start a new life, either alone, or with your spouse or children. Whatever the reason is, you require a passport when leaving South Africa. For an adult, all you need to do is visit your nearest Department of Home Affairs Offices, with proof of identity, and the prescribed fees, and take your picture, fingerprints, etc. However, if you are a minor child, under the age of 18, it is not that simple. You would need to go with both your parents, and they need to provide their consent.Parental Consent and Co-operation for a Passport Application of a Minor child
According to Section 18 (3) of the Children’s Act, both parent’s consent is required for a minor’s application for a passport. This is why we refer to consent and co-operation. Co-operation in the sense of going with to the Department of Home Affairs and giving the consent. Now, this can cause a problem should a parent not agree to the application for a passport. Therefore, one of two things could happen in practice should there be children involved. Either the parent would have to go overseas without the children, or not at all. Before we deal with such a scenario in detail, a bit later, let’s look at the law in a bit more detail.A child’s Constitutional right to a Passport
Our Constitution, Act 108 of 1996 is the supreme law of the Country. All laws and practices should be in line with it. Therefore, it’s always a good idea to find out what it says. Section 21(4) of our Constitution states the following: “Every citizen has the right to a passport.” This is a fundamental right. The question would then be asked, if that is a fundamental right, why would you still require both parents’ consent as stated in the Children’s Act? A possible reason for the writers of the Children’s Act to state that you require both parents’ consent is to ensure that there is no undue removal of children from the Country. Both parents should, therefore, consent to the passport, which is a key to leaving South Africa.What if a parent refuses to consent and cooperate for the application of a passport for a minor child?
Notwithstanding what section 18(3) of the Children’s Act states, section 18(5) of the same Act says that a Court can order otherwise. What this means is that if a parent does not want to consent for the Application of a passport, then the Court can Order that his or her consent is not required or dispensed with. For this, you would have to file an Application at the High Court and ask for such an Order. The powers the High Court would exercise is that of the upper guardian of all minor children within its jurisdiction. So, there it is, if consent is refused, you can approach a lawyer, who would make the necessary Application to the appropriate Court. Such an application can be expensive, especially if it is opposed. Therefore, it is best that it is avoided, by resolving issues with the other parent beforehand. But if the other parent is unreasonable, approach the Court.What does the Department of Home Affairs say?
The following are extracts from the Department of Home Affairs’ Website: “You must also note that:- All documents required for passport applications should be completed in black ink
- Husband, wife and children must all complete separate application forms. Both parents and the children concerned must be present when applying for passports for children. See exceptions under Tourist Passports: persons under 16
- Passports are issued in accordance with your names as they appear in the National Population Register (NPR) at the time of your application. Any changes to your names must be applied for, finalised and recorded in the NPR before you submit your passport application”
…“Applying for Tourist Passports: Persons under 16 years
These passports are issued to SA citizens who are 15 years or younger. The passports are valid for 5 years and are not renewable. Once the validity period of a passport expires you will have to submit a new application for a passport. To apply for the passport you must submit the following documents:- A duly completed passport application Form DHA-73
- If the parents are married, the passport application form must be signed by both parents and the child and both parents should be in attendance when the application is submitted.
- Please note that the child and both parents should be in attendance when the application is submitted to the nearest Home Affairs office or SA Mission/Consulate. If a parent cannot be in attendance, a letter of consent and copy of ID will no longer be accepted.
- If divorced and sole parental rights and responsibilities in regard to guardianship have not been granted to one parent, the child and both parents should be in attendance when the application is submitted and both must sign the application form.
- If a parent is deceased, his or her death certificate and a copy thereof must accompany the application for the passport
- In the case of minors born out of wedlock, the biological father ’s consent will also be required if any of the circumstances as outlined in section 21 of the Children’s Act, 1995, are applicable, the child and both parents should be in attendance when the application is submitted.
- If the applicant is in the care of a guardian other than the parents, proof of the High Court’s appointment must accompany the application.
- If a parent cannot be located or refuses to consent, or a dispute concerning consent arises, the matter should be referred to the Children’s Court. The Court’s decision must be submitted with the application for the passport.
- The child’s South African birth certificate and a copy thereof
- Two colour passport photographs that comply with the Passport and ID Photograph Specifications (NOT needed at smartcard offices as ID images are captured digitally)
- Payment of the prescribed passport fee”
In summary, on minor children application for a passport
Before moving onto question and answers on passport applications for minor children below. this article can be summarised as follows:- Every child has a right to a Passport;
- Both parents must visit the Department of Home Affairs when applying for the minor child’s passport. The process is outlined above; and
- If a parent refuses and does not want to co-operate for the passport application, then the High Court may be approached to dispense with that requirement.
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
What follows are questions and answers regarding Applications for Passports for Adults and Children
If you still have questions after reading the article above, and the questions and answers below, feel free to leave a comment hereunder.Can I get my child a passport without the father’s permission?
If the father is a guardian of the child, his consent is required. That is according to the Children’s Act.Do you need both parents to get a passport for a child?
Yes. As the law currently stands, you need both parent’s consent.Can a child get a passport with one parent?
No, you need both parents present when applying for a passport for a minor child.What documents are needed to renew South African passports?
Visit the Department of Home Affairs Website. Here is the link.Do both parents need to be present for a child to get a passport?
Yes, they do. Unless only one parent is a guardian.What documents required for minor’s passport?
Visit the Department of Home Affairs Website. Here is the link.Do both parents need to be present to get a passport for a child?
Yes, they do. That is the law.Do you need both parents to get a passport for a 17-year-old?
As you are still a minor at the age of 17, you require both your parents to consent to your passport application. Bot parents should also be at the Department of Home Affairs when making the Application.Can the noncustodial parent get a passport for the child?
Yes, if the parent is a guardian as well. If there is another parent too, both parents must give consent at the Department of Home Affairs.How do you get full custody of your child?
You would have to approach the Court for such an Order. The Court would have to determine whether it is in the child’s best interests. We advise you speak to a lawyer.Do you need both parents to get a passport for a 16-year-old?
As you are still a minor at the age of 16, you require both your parents to consent to your passport application. Both parents should also be at the Department of Home Affairs when making the Application.What is the validity of a minor’s passport?
Visit the Department of Home Affairs Website. Here is the link.Can I apply for a passport without a birth certificate?
Visit the Department of Home Affairs Website. Here is the link.How do you apply for a passport online?
Visit the Department of Home Affairs Website. Here is the link.Can a passport application be printed in black and white?
Visit the Department of Home Affairs Website. Here is the link.Can you travel with a passport that expires in 2 months?
Visit the Department of Home Affairs Website. Here is the link.Which documents are required for a passport after marriage?
Visit the Department of Home Affairs Website. Here is the link.What kind of pen do you use to sign a passport?
Visit the Department of Home Affairs Website. Here is the link.How fast can you get a passport?
Visit the Department of Home Affairs Website. Here is the link.How old do you have to be to get a passport without parents?
You need to be 18 years old. If you are younger, you require both your parents’ consent.Can a child leave the country without a parent?
Yes, you can, but you require their consent.Can I get my child a passport without the father’s permission?
No, you cannot. Unless he is not a guardian.Do you need both parents to get a passport for a child?
Yes, you do.Do both parents need to be present for a child to get a passport?
Yes, both parents have to be present.Do both parents have to sign for a passport for a child?
Yes, both parents have to be presented. This is the legal requirement.Can a single parent get a passport for their child?
Only in the case if the parent is the sole guardian. If not both parents must apply and consent.Do both parents need to be present to get a passport for a child?
Yes, they both do.Can a divorced parent get a passport for a child?
Yes, the parent can. However, if the other parent is also a guardian, his or her consent is also required.How much is a passport for a kid?
Visit the Department of Home Affairs Website. Here is the link.Is it illegal to have two passports from different countries?
Dual Citizenship is not illegal.Do dual citizens have two passports?
Yes, they do.Can I get my child a passport without the father’s permission?
If the father is a co-guardian, then his consent is required.
Leaving South Africa, and visiting another country is something many people do on a daily basis. The reason, therefore, could either be for a holiday, business, a death in the family, and so on. Or it might be to relocate to another country to start a new life, either alone, or with your spouse or children. Whatever the reason is, you require a passport when leaving South Africa. For an adult, all you need to do is visit your nearest Department of Home Affairs Offices, with proof of identity, and the prescribed fees, and take your picture, fingerprints, etc. However, if you are a minor child, under the age of 18, it is not that simple. You would need to go with both your parents, and they need to provide their consent.- If the parents are married, the passport application form must be signed by both parents and the child and both parents should be in attendance when the application is submitted.
- Please note that the child and both parents should be in attendance when the application is submitted to the nearest Home Affairs office or SA Mission/Consulate. If a parent cannot be in attendance, a letter of consent and copy of ID will no longer be accepted.
- If divorced and sole parental rights and responsibilities in regard to guardianship have not been granted to one parent, the child and both parents should be in attendance when the application is submitted and both must sign the application form.
- If a parent is deceased, his or her death certificate and a copy thereof must accompany the application for the passport
- In the case of minors born out of wedlock, the biological father ’s consent will also be required if any of the circumstances as outlined in section 21 of the Children’s Act, 1995, are applicable, the child and both parents should be in attendance when the application is submitted.
- If the applicant is in the care of a guardian other than the parents, proof of the High Court’s appointment must accompany the application.
- If a parent cannot be located or refuses to consent, or a dispute concerning consent arises, the matter should be referred to the Children’s Court. The Court’s decision must be submitted with the application for the passport.
In summary, on minor children application for a passportUnited 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
Can I get my child a passport without the father’s permission?
If the father is a guardian of the child, his consent is required. That is according to the Children’s Act.Do you need both parents to get a passport for a child?
Yes. As the law currently stands, you need both parent’s consent.Can a child get a passport with one parent?
No, you need both parents present when applying for a passport for a minor child.What documents are needed to renew South African passports?
Visit the Department of Home Affairs Website. Here is the link.Do both parents need to be present for a child to get a passport?
Yes, they do. Unless only one parent is a guardian.What documents required for minor’s passport?
Visit the Department of Home Affairs Website. Here is the link.Do both parents need to be present to get a passport for a child?
Yes, they do. That is the law.Do you need both parents to get a passport for a 17-year-old?
As you are still a minor at the age of 17, you require both your parents to consent to your passport application. Bot parents should also be at the Department of Home Affairs when making the Application.Can the noncustodial parent get a passport for the child?
Yes, if the parent is a guardian as well. If there is another parent too, both parents must give consent at the Department of Home Affairs.How do you get full custody of your child?
You would have to approach the Court for such an Order. The Court would have to determine whether it is in the child’s best interests. We advise you speak to a lawyer.Do you need both parents to get a passport for a 16-year-old?
As you are still a minor at the age of 16, you require both your parents to consent to your passport application. Both parents should also be at the Department of Home Affairs when making the Application.What is the validity of a minor’s passport?
Can I apply for a passport without a birth certificate?
Visit the Department of Home Affairs Website. Here is the link.How do you apply for a passport online?
Visit the Department of Home Affairs Website. Here is the link.Can a passport application be printed in black and white?
Visit the Department of Home Affairs Website. Here is the link.Can you travel with a passport that expires in 2 months?
Visit the Department of Home Affairs Website. Here is the link.Which documents are required for a passport after marriage?
Visit the Department of Home Affairs Website. Here is the link.What kind of pen do you use to sign a passport?
Visit the Department of Home Affairs Website. Here is the link.How fast can you get a passport?
Visit the Department of Home Affairs Website. Here is the link.How old do you have to be to get a passport without parents?
You need to be 18 years old. If you are younger, you require both your parents’ consent.Can a child leave the country without a parent?
Yes, you can, but you require their consent.Can I get my child a passport without the father’s permission?
No, you cannot. Unless he is not a guardian.Do you need both parents to get a passport for a child?
Yes, you do.Do both parents need to be present for a child to get a passport?
Yes, both parents have to be present.Do both parents have to sign for a passport for a child?
Yes, both parents have to be presented. This is the legal requirement.Can a single parent get a passport for their child?
Only in the case if the parent is the sole guardian. If not both parents must apply and consent.Do both parents need to be present to get a passport for a child?
Yes, they both do.Can a divorced parent get a passport for a child?
Yes, the parent can. However, if the other parent is also a guardian, his or her consent is also required.How much is a passport for a kid?
Visit the Department of Home Affairs Website. Here is the link.Is it illegal to have two passports from different countries?
Do dual citizens have two passports?
Yes, they do.Can I get my child a passport without the father’s permission?
If the father is a co-guardian, then his consent is required.Passport Applications for minor children: What you need to know – Department of Home Affairs – Questions and Answers Should you require any advice on an application for a passport of a minor, where the co-parent refuses to consent or co-operate; feel free to set up a consultation with us. Continue Reading
Child Custody and Child Maintenance in divorces – Advocate Muhammad Abduroaf
In this video, Advocate Muhammad Abduroaf discusses how Child Custody and Child Maintenance Matters play a role in divorce matters. [embed]https://youtu.be/KQdiay_xru4[/embed] Family Law with Adv. Muhammad Abduroaf Visit: https://abduroaf.co.za Post your live questions on https://www.facebook.com/AdvMuhammadAbduroaf/live/ Please like the page https://www.facebook.com/AdvMuhammadAbduroaf/ for future live videos and interaction. LIVE Q&A ON FAMILY LAW WITH ADVOCATE MUHAMMAD ABDUROAF Our Lawyer (Pty) Ltd [email protected] 0211110090 Consult with us today. Visit www.ourlawyer.co.za/advice . Child Custody, Child maintenance, Domestic violence, Guardianship rights, Spousal maintenance, Divorces, Unopposed divorces, Opposed divorces, Family Law, Mediation, Family disputes, Relocation of minor children, Minor children passport application consent, Non-compliance with maintenance orders, Reduction of Maintenance Order, Increase of Maintenance Orders, Parenting Plans, Parental Plan, Custody Agreements, Custody Orders, Contempt of Court, Litigation, Antenuptial Contract, Prenuptial Contracts, Wills, Estates, Abuse, Economic Abuse, Gender-based Violence. Attorney legal services, Advocate legal services, Lawyer legal services. Online and telephonic legal advice, Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga Northern Cape North West Western Cape Eastern Cape Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha, Port Elizabeth, Queenstown, Uitenhage, Zwelitsha Free State, Bethlehem, Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom, Gauteng Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging, KwaZulu-Natal Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi, Limpopo, Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi Mpumalanga, Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth Western Cape Bellville, Cape Town, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester Contact us today. #advocate #familylaw #lawyer #attorney #legal #court #child #custody #divorce #relocation #guardianship
Child Custody and Child Maintenance in divorces – Advocate Muhammad Abduroaf In this video, Advocate Muhammad Abduroaf discusses how Child Custody and Child Maintenance Matters play a role in divorce matters. Family Law with Adv. Muhammad Abduroaf Visit: https://abduroaf.co.za Post your live questions on https://www.facebook.com/AdvMuhammadAbduroaf/live/ Please like the page Continue Reading
The Court Order says my minor child’s mother has custody, but my daughter primarily lived with me since she was a toddler. What can I do to legalise the situation? The mother is now demanding that the order now be followed – 5 years later.
[video width="1920" height="1080" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Child-Custody-Visitation-and-Contact.mp4"][/video] At the time of a divorce or separation, the parents of a minor child would usually agree on where the minor child would primarily reside. If they cannot come to an agreement, the Court would make that decision for them. If the parents were never married, one of them may have approached the Court. This is to deal with their parental responsibilities and rights.Parents not following Court Order
What often happens is a Court would order that one parent has primary care over a minor child, but that specific parent does not take on that responsibility. In other words, the minor child would live primarily with the parent who does not have custody. The parent who has custody would then only occasionally have contact with the minor child. This is so despite the Court Order stating that the minor child should primarily live with him or her. This becomes problematic, as the Court Order says one thing, but the parents are doing the opposite. Parenting disagreements despite a Court Order
Should the parents come to a disagreement in the future, the parent who has primary care in terms of a Court Order may demand to exercise his or her rights as the primary caregiver. The parent who has primary care in terms of the Court Order may even threaten to take legal action to enforce the Order. This situation may be problematic as the minor child may have been living for a very long time with the non-custodial parent, enrolled in the nearby school, have friends there, etc. This would all be uprooted should the order now be followed many years later. The minor child would have to be enrolled in a new school, and furthermore, the new home may not be adequate for the minor child’s needs.The Child Custody Court Order and its compliance
Once a Court makes an order, it should be complied with. Nothing less applies in the case of a Court order regarding a minor child. Once the minor child becomes an adult, the order basically falls away, unless they are provisions that still lives on. For example, a provision that states that child maintenance should be paid to the mother until the minor child turns 21 or is self-supporting, and so on. But should the child be a minor (under the age of 18 years old), the parental responsibilities and rights as outlined in the Court order would usually apply. Therefore, unless the Court order lapsed, it needs to be complied with. What can a parent do under the latter situation?
The first port of call would be to have a look at the Court order and see what it obliges the parents to do in this situation. This can either be facilitation or mediation. If that fails, or no such provision exists, then making an application to the Court to vary the Order would be the appropriate remedy. This basically entails filing a Notice of Motion, attached to it, a Founding Affidavit. The Notice of Motion will state what you want. The Founding Affidavit would state the facts substantiating the relief you are looking for.The relief sought
The relief a parent may want from the Court would be that a certain clause in the Court Order is varied. It should state that primary care is awarded to the father (or the mother as the case may be). It would further outline what contact rights the parent who had primary care in terms of the order would have. Usually, it would follow what the parties have been exercising in the past.What would the Court decide regarding custody?
[caption id="attachment_8258" align="alignleft" width="476"]
Child Custody Visitation and Contact[/caption] The Court is the upper guardian of all minor children within its jurisdiction. It, therefore, can override the wishes of the parents. However, the Court has to comply with the Constitution and the Children’s Act. Both pieces of legislation say that the minor child’s best interests must be upheld when it comes to these types of issues. Therefore, the Court would look at all the relevant facts. It would then make a decision as to what is best for the minor child concerned. The Court would look at the Order and whether it has been complied with. Thereafter it would decide whether a change to it would be warranted. The Court is also not obliged to make an order based on what the parents in the case want. It would make a decision as to what it believes is in the minor child’s best interests. 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
The Court Order says my minor child’s mother has custody, but my daughter primarily lived with me since she was a toddler. What can I do to legalise the situation? The mother is now demanding that the order now be followed – 5 years later. At the time of a Continue Reading
Advocate Muhammad Abduroaf deals with legal issues relating to Muslim Marriages and Relations.
In an increasingly complex legal landscape, ensuring that your rights and obligations are effectively managed becomes paramount. For Muslim families dealing with legal issues related to marriage, child custody, and guardianship, the choice of legal representation can significantly impact the outcomes. Advocate Muhammad Abduroaf has experience and knowledge in matters of Muslim rites, particularly for issues surrounding family law. Below are several compelling reasons why Muslim mothers, fathers, husbands, and wives should consider appointing Advocate Muhammad Abduroaf for their legal needs.Assisting in Islamic Family Law
Muslim family law is intricate, often deeply intertwined with religious guidelines. Advocate Muhammad Abduroaf possesses knowledge in these areas, ensuring that clients receive legal representation aligned with their beliefs and values. His expertise extends beyond the basic legal frameworks, incorporating an understanding of cultural nuances and religious considerations, which is essential in cases involving divorce, custody, and maintenance. By choosing Advocate Abduroaf, families can be assured that their legal matters are managed by someone who respects and upholds their religious principles.Compassionate Client Focus
Family law issues can be emotionally taxing and fraught with tension. Advocate Muhammad Abduroaf adopts a client-centred approach, emphasising empathy and understanding throughout the legal process. He recognises that each case has unique dynamics and responds to the individual needs of his clients. This compassionate approach helps alleviate stress for families during difficult times, enabling them to focus on their emotional well-being while knowing their legal matters are in capable hands.Proven Track Record in Child Custody and Maintenance Cases
Child custody and maintenance are often at the heart of legal battles involving families. Advocate Muhammad Abduroaf has a proven track record of successfully representing clients in these delicate matters. He understands the importance of ensuring that children’s rights and welfare are protected during and after a separation or divorce. His familiarity with court processes and procedures provides clients with a strategic advantage in negotiations, mediation, and litigation.Robust Representation in the Courts
When legal disputes escalate to the courtroom, having a skilled advocate can make all the difference. Advocate Muhammad Abduroaf is experienced in advocating for his client’s rights before the courts, particularly in cases that require litigation. He is adept at presenting compelling arguments and evidence, defending his clients’ positions while aiming for fair and just outcomes. The confidence that comes with knowing your advocate is tenacious and knowledgeable about court procedures can be invaluable in high-stakes situations.Comprehensive Services for Family Law Matters
From child custody and maintenance to guardianship, care, and contact, Advocate Muhammad Abduroaf offers a comprehensive suite of services that cover a wide array of family law issues. This one-stop approach means that families can receive all the legal assistance they need without the hassle of seeking multiple legal representatives. This holistic approach not only streamlines the process but also fosters a deeper understanding of each family’s unique situation.Conflict Resolution Expertise
Not all disputes need to end in court. Advocate Muhammad Abduroaf is not only an aggressive litigator but also an expert in mediation and conflict resolution. He understands that many family disputes, especially those involving children, are best resolved amicably. His skills in negotiation can lead to settlements that address the needs and concerns of all parties involved, preserving relationships and minimizing stress for everyone, particularly children.Tailored Legal Solutions
Every family is different, and so are the legal challenges they face. Advocate Muhammad Abduroaf takes time to understand the specifics of each case, allowing him to create tailored legal strategies. Whether a mother seeks child custody or a father requires legal assistance in maintenance issues, his personalised approach ensures that legal solutions are aligned with each family’s unique circumstances and goals.Cultural Sensitivity and Understanding
In the realm of family law, cultural context is crucial. Advocate Muhammad Abduroaf’s understanding of the social and cultural dynamics within Muslim communities ensures that his advocacy is not just legally sound but culturally relevant. This sensitivity helps build trust and rapport with clients, fostering a working relationship where clients feel heard and respected.Commitment to Ethical Practices
Ethical representation is a cornerstone of Advocate Muhammad Abduroaf’s practice. He conducts all dealings with integrity, ensuring that clients are fully informed of their options and the potential outcomes of their cases. This commitment to transparency empowers clients to make informed decisions regarding their legal matters.Community and Network Support
Working with Advocate Muhammad Abduroaf connects clients to a broader network of community resources and support systems. He has established relationships within the community, allowing clients access not only to legal support but also to relevant social services. This holistic support network can be invaluable in navigating the many challenges that arise during legal disputes.Final Thoughts
For Muslim families facing legal challenges related to marriage, divorce, custody, or maintenance, Advocate Muhammad Abduroaf is a trusted ally in navigating a complex legal landscape. His expertise in Islamic family law, combined with a compassionate approach and proven courtroom skills, makes him an exceptional choice for representation. By choosing Advocate Abduroaf, families can be assured of receiving personalised, culturally sensitive, and ethically grounded legal support, empowering them to protect their rights and secure the best possible outcomes for themselves and their children. Appointing Advocate Muhammad Abduroaf is not just a legal decision; it is an investment in peace of mind and family welfare during turbulent times.
Advocate Muhammad Abduroaf deals with legal issues relating to Muslim Marriages and Relations. In an increasingly complex legal landscape, ensuring that your rights and obligations are effectively managed becomes paramount. For Muslim families dealing with legal issues related to marriage, child custody, and guardianship, the choice of legal representation can Continue Reading
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Parental responsibilities and care during the coronavirus lockdown in South Africa[/caption] Updated: 16 April 2020
New regulations have been issued on 16 April 2020. Click on the link below: The material change is that you do not have to have a court order or a parental responsibilities and rights agreement or parenting plan, registered with the family advocate. Possession of a birth certificate or certified copy of a birth certificate is now also allowed.Update: 07 April 2020
NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020)What separated and divorced parents should think about prior to the coronavirus lockdown
With the world working towards eradicating the spreading of the coronavirus, South Africans are going to be placed on lockdown from 11:59 on Thursday 26 March 2020. This will endure for a period of 21 (twenty-one) days. This is what President Cyril Ramaphosa announced yesterday on national television.
The applicable legislation allowing for this is the Disaster Management Act. This is done to contain the spread of the coronavirus in South Africa. What this means, in essence, unless you fall under the categories of persons allowed to work and be out there, you should remain at home.The Application of Contact and care Court Orders during the lockdown
Schools have already been locked down and its keys stored away. The number of people who may be in the same place at the same time was restricted to an amount of 100. Now things have escalated to everyone staying at home unless you are allowed to be outside. This, however, leaves us with uncertain legal challenges when it comes to the exercising of contact and parental responsibilities and rights to minor children.
It becomes even more challenging if there is a court order allowing a parent to have contact, but the child is currently with the other parent during the lockdown.
• Does the court order supersede what the President told us to do?
• Can we go against the lockdown injunction to exercise contact?
At this moment, the questions are hard to answer. And in our view, should not be answered, unless clearer directives are provided by the government, dealing with this situation.What are the usual contact and care arrangements?
The usual contact and care rights are any or a combination of the following:
• The minor child will reside primarily with one parent for a period, and then with the other parent for the same period;
• One parent has primary care with the child during the week, and the other parent has contact during alternative weekends;
• The child resides with one parent, and the other parent collects the minor child in the morning and takes and collects the minor child from school. Thereafter returning the minor child to the primary caregiver;
• Supervised contact, where a parent has contact at the minor child’s primary home, supervised by the other parent or another person;
• Contact which is supervised in a public space, or by a social worker; and
• Other specific cases.
Contact would also entail telephonic and video contact.How should contact be exercised during a lockdown?
There are 2 (two) more days before the lockdown. What happens to weekend contact? Some parents are exercising holiday contact at present.
• What happens at the end of a specific parent’s holiday period?
• Can a parent go and collect the child or children and have them now stay at a different parent?
• And then return the children later, still during a lockdown?
These and other questions are unprecedented, and direction is required from the government, not only lawyers. At the very least, parents should use the next two (2) days to decide where the children would primarily reside, and if indeed they can only live in one home for the 21 days, how contact can take place via other means. For example, WhatsApp video, FaceTime, Skype or Zoom.Final words on parental contact during the lockdown
• Do not take the law into your own hands.
• Until there is certainty on this issue, presume that the child would need to remain with one parent during this period.
• Arrange for alternative forms of contact as suggested above.
• Also, ensure that the child has enough clothes and necessities at the home he or she will reside during the lockdown.
• Use the next two (2) days to prepare for the worst, so that your child would have the best.Update: 07 April 2020
NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020)
Updated: 16 April 2020 New regulations have been issued on 16 April 2020. Click on the link below: The material change is that you do not have to have a court order or a parental responsibilities and rights agreement or parenting plan, registered with the family advocate. Possession of Continue Reading
Digitalising the Maintenance Courts – Going Online
Should the maintenance system be digitalised in South Africa? In other words, should you be able to apply for child maintenance online, or be informed of hearing dates and so on through digital means? See what the panel has to say. Host:
Felicity An Guest (Child Maintenance Difficulties SA) Panel: Muhammad Abduroaf (Advocate) – www.ourlawyer.co.za Lenina Rassool
Writer, Journalist, Editor
Producer: The Womxn Show
Tel: 064 46O 4O99
Email: [email protected] Panel: Ayesha Karim (Attorney) – Director at Ayesha Karim Attorneys –
Durban (KZN) [email protected] Farhana Ismail – Attorney, JHB
Digitalising the Maintenance Courts – Going Online Should the maintenance system be digitalised in South Africa? In other words, should you be able to apply for child maintenance online, or be informed of hearing dates and so on through digital means? See what the panel has to say. Host: Felicity Continue Reading
Most family law matters come with heightened emotions and stress. It, however, does not always have to be that way. Staying focused and rational is important to get the best results.
Many legal practitioners will tell you, the one aspect of family law, that differentiates it from other branches of law, is the emotions that it brings to their clients. It would often happen that a client breaks down, or sheds a tear in your office. This is understandable, as family law issues have a lot of history behind it. Even simple family law legal matters, for example, the terms of an antenuptial contract, can stir emotion. The lawyer under such cases has to act as a mediator, pacifier and legal advisor at the same time.Types of family law matters that cause heightened emotions and anxiety
Before we delve into this topic, let us first bring things into perspective. These are some of the family law matters we are referring to:- Divorces (Contested or Undefended);
- Domestic Violence matters;
- Child maintenance disputes; and
- Child custody disputes.
The actual list is more extensive. You may even want to consider including last wills and testaments and winding up of deceased estates. As can be seen from the types of matters mentioned, there are always children involved or personal relationships. Some of these relationships have lasted for decades. We often see people who were married for more than 30 years, getting divorced. And in other cases, the relationship, albeit personal, could have been for a very short while, but still, elicit a lot of emotions. For example, a domestic violence family legal matter.The personal nature of family matters makes it harder to deal with
One of the challenges for a legal practitioner is to try to convince the client that he or she should trust the law, and not focus too much on the other party. For example, in a divorce matter, where a spouse has been abused or constantly been bullied during the relationship. The abused spouse would very often agree to sign away everything just to get divorced speedily. This is not only unfair but could lead to many issues in the future. This situation must be avoided at all costs.Intimidation in abusive relationships
Then we have the challenge in a domestic violence matter. A party who has been abused would agree on withdrawing an application for a protection order, even though it is dangerous to do so. Or there is the situation where a party would agree that a protection order is issued against them due to being intimidated either by the other party or by his or her lawyer. This they do not do because of having committed domestic violence, but just to get the matter over and done with. The consequence of that is the applying party would have an interdict and a warrant of arrest against you which may be abused.Intimidation in child maintenance or alimony cases
We cannot count the number of times we have been told that the reason why a parent does not want to approach the maintenance court, is due to being told by the other parent that he or she will get much less than what they are currently receiving. This is emotional and psychological abuse and not in the child’s best interest. One reason for believing the abuser is due to the relationship the parties had. The abuser was controlling and abusive during the relationship, and the victim has been brainwashed into believing everything the abuser said.What people must try to understand in family legal matters?
Although it is understandable for someone to be anxious when dealing with family law related matters, it is important to note that issues need to be dealt with properly. If your spouse was abusive during your relationship, that does not mean it has to continue after your relationship ended. There are laws in place to protect people from abuse and violence. For example, the Domestic Violence Act. If you make use of the law, you would have a better chance of getting the legal results you want. Go to the police if necessary.Final words to people who are intimidated by, or is afraid of the other party
Although it is easier said than done, we implore people not to allow themselves to be bullied when it comes to family law matters. This includes being intimidated by the other party, or his or her lawyer. If you have rights; enforce them. Believe in yourself and your cause and others will learn to respect it. Many cases are won by unrepresented litigants who were up against a team of lawyers. Moreover, no one has the right to belittle you or deny you of your rights. Take a stand and fight for what is right. 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
Most family law matters come with heightened emotions and stress. It, however, does not always have to be that way. Staying focused and rational is important to get the best results. Many legal practitioners will tell you, the one aspect of family law, that differentiates it from other branches of Continue Reading