Claiming Child Maintenance from Grandparents – What does the law say?

Many people are of the view that child maintenance may only be claimed by the parents of a child. They have that view even in the case where the parents cannot afford to maintain the child, but the grandparents can. At the outset, we state that the latter view is incorrect. If parents cannot afford to maintain a child, a claim for maintenance may be made against both the paternal and maternal grandparents of the child involved. This applies whether or not the child was born in or out of wedlock. Prior to 2004, or before the case of Petersen v Maintenance Officer, Simon’s Town Maintenance Court, and Others 2004 (2) SA 56 (C), the law allowed parents to claim maintenance for their minor children from maternal and paternal grandparents, as long as the child was born within wedlock, or out of a marriage. If the child was born out of wedlock, then in such a case, the parent could only claim from the maternal grandparents. And not the paternal grandparents. This was clearly unfair and unconstitutional and something that many people would have issues with. In 2004, Adv. Muhammad Abduroaf had a client who wanted to claim maintenance from the maternal grandparents of her minor child, but the law did not allow for it. He and his client was not happy with the legal position and took the matter to the Western Cape High Court (the Provisional Division of the Cape). Adv. Abduroaf cited the Maintenance Office of Simon’s Town Maintenance Court and the paternal grandparents. The matter was argued, and the Court found in favour of Adv. Muhammad Abduroaf and his client. The case opened many doors for mothers in similar positions. Below we discuss the case. Due to Adv. Muhammad Abduroaf’s academic background in Constitutional law and willingness to fight for his client, he challenged the legal position.

Petersen v Maintenance Officer, Simon’s Town Maintenance Court, and Others

2004 (2) SA 56 (C)

The well-known case of Petersen v Maintenance Officer, Simon’s Town Maintenance Court, and Others 2004 (2) SA 56 (C) was a special one. Not because Adv. Abduroaf and his client were successful, but the effect of the case meant that children who could never claim maintenance from paternal grandparents if they were born out of wedlock could do so due to the case. The case also brought about widespread attention to the fact that a parent can claim maintenance from grandparents when the parents cannot afford to support the child on their own.

The following is extracted from the case of Petersen v Maintenance Officer, Simon’s Town Maintenance Court, and Others 2004 (2) SA 56 (C) :

[6] The Motan decision is generally accepted as authority for the assertion that the paternal grandparents of an extramarital child do not owe a duty of support to the child. The interpretation of the common law in Motan and the resultant denial of a duty of support by the paternal grandparents of an E extra-marital child has, even prior to the present constitutional dispensation, been widely criticised by South African writers. Van den Heever Breach of Promise and Seduction in South African Law (1954) at 70 says the following: ‘It is submitted that the decision is so patently wrong that it should be reconsidered; for it is based on legislative considerations and methods, which are, moreover, unsound. It is contrary to public policy and humanity and should, if necessary, be rectified by the Legislature.’

This is what Adv. Abduroaf argued:

[7] Mr Abduroaf, who appears for the applicant, submitted that the common-law rule as interpreted in Motan, violates the extra-marital child’s constitutional rights to equality and dignity enshrined in ss 9 and 10 of the Constitution of the Republic of South Africa Act 108 of 1996 (the Constitution) and is contrary to the best interest of the child (see s 28(2) of the Constitution). He accordingly submits that the common-law rule is unreasonable and unjustifiable and should be declared unconstitutional and invalid.

Adv. Abduroaf further submitted:

[14] Mr Abduroaf submitted that the constitutional values embodied in ss 9, 10 and 28(2) of the Constitution, dictate that the common-law rule as enunciated in Motan, be developed by imposing a duty of support upon the paternal grandparents of an extra-marital child in the event of the natural parents of such child being unable to support the child. The said sections of the Constitution provide: ‘9 (1) Everyone is equal before the law and has the right to equal protection and benefit of the law. (2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken. (3) The State may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. (4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of ss (3). National legislation must be enacted to prevent or prohibit unfair discrimination. (5) Discrimination on one or more of the grounds listed in ss (3) is unfair unless it is established that the discrimination is fair. 10 Everyone has inherent dignity and the right to have their dignity respected and protected.   . . . 28 (2) A child’s best interest is of paramount importance in every matter concerning the child.’  

The Ruling in Petersen v Maintenance Officer, Simon’s Town Maintenance Court, and Others 2004 (2) SA 56 (C)

At the end of the matter, the Court made the following ruling: [29] In the result I make the following order:
  1. It is declared that the second and third respondents have a legal duty to support the extra-marital child of the applicant, J, born on 7 January 2003, to the same extent to which the fourth and fifth respondents are liable to maintain the said child.
  2. The first respondent is directed to take the necessary steps for an enquiry to be held in terms of s 10 of the Maintenance Act 99 of 1998, with a view to enquiring into the provision of maintenance by the second and third respondents for the said extra-marital child of the applicant.
  3. No order as to costs is made.
Petersen v Maintenance Officer, Simon’s Town Maintenance Court, and Others 2004 (2) SA 56 (C) [caption id="attachment_10745" align="alignnone" width="300"]Best Attorneys, Advocates, lawyers to assist you in your Court Custody matter. When is the best time to get them involved in your case? Adv. Muhammad Abduroaf[/caption]

Claiming Child Maintenance from Grandparents – What does the law say? Many people are of the view that child maintenance may only be claimed by the parents of a child. They have that view even in the case where the parents cannot afford to maintain the child, but the grandparents Continue Reading

[caption id="attachment_10793" align="alignnone" width="733"]Relocation consent for minor child to Australia - Advocate Muhammad Abduroaf Relocation consent for minor child to Australia – Advocate Muhammad Abduroaf[/caption]

I want to relocate from South Africa to Australia with my minor child. The other parent does not want my child to relocate to Australia. What can I do?

Australia is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to Australia, if a minor child will be joining that parent and also relocating to Australia, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to Australia. Before we do so, let us list the various cities and towns in Australia to which you may want to relocate: Canberra, New South Wales, Albury-Wodonga, Armidale, Ballina, Balranald, Batemans Bay, Bathurst, Bega, Bourke, Bowral, Broken Hill, Byron Bay, Camden, Campbelltown, Cobar, Coffs Harbour, Cooma, Coonabarabran, Coonamble, Cootamundra, Corowa, Cowra, Deniliquin, Dubbo, Forbes, Forster, Glen Innes, Gosford, Goulburn, Grafton, Griffith, Gundagai, Gunnedah, Hay, Inverell, Junee, Katoomba, Kempsey, Kiama, Kurri Kurri, Lake Cargelligo, Lismore, Lithgow, Maitland, Moree, Moruya, Murwillumbah, Muswellbrook, Nambucca Heads, Narrabri, Narrandera, Newcastle, Nowra-Bomaderry, Orange, Parkes, Parramatta, Penrith, Port Macquarie, Queanbeyan, Raymond Terrace, Richmond, Scone, Singleton, Sydney, Tamworth, Taree, Temora, Tenterfield, Tumut, Ulladulla, Wagga Wagga, Wauchope, Wellington, West Wyalong, Windsor, Wollongong, Wyong, Yass, Young, Northern Territory, Alice Springs, Anthony Lagoon, Darwin, Katherine, Tennant Creek, Queensland, Ayr, Beaudesert, Blackwater, Bowen, Brisbane, Buderim, Bundaberg, Caboolture, Cairns, Charleville, Charters Towers, Cooktown, Dalby, Deception Bay, Emerald, Gatton, Gladstone, Gold Coast, Goondiwindi, Gympie, Hervey Bay, Ingham, Innisfail, Kingaroy, Mackay, Mareeba, Maroochydore, Maryborough, Moonie, Moranbah, Mount Isa, Mount Morgan, Moura, Redcliffe, Rockhampton, Roma, Stanthorpe, Toowoomba, Townsville, Warwick, Weipa, Winton, Yeppoon, South Australia, Adelaide, Ceduna, Clare, Coober Pedy, Gawler, Goolwa, Iron Knob, Leigh Creek, Loxton, Millicent, Mount Gambier, Murray Bridge, Naracoorte, Oodnadatta, Port Adelaide Enfield, Port Augusta, Port Lincoln, Port Pirie, Renmark, Victor Harbor, Whyalla, Tasmania, Beaconsfield, Bell Bay, Burnie, Devonport, Hobart, Kingston, Launceston, New Norfolk, Queenstown, Richmond, Rosebery, Smithton, Stanley, Ulverstone, Wynyard, Victoria, Albury-Wodonga, Ararat, Bacchus Marsh, Bairnsdale, Ballarat, Beechworth, Benalla, Bendigo, Castlemaine, Colac, Echuca, Geelong, Hamilton, Healesville, Horsham, Kerang, Kyabram, Kyneton, Lakes Entrance, Maryborough, Melbourne, Mildura, Moe, Morwell, Port Fairy, Portland, Sale, Sea Lake, Seymour, Shepparton, Sunbury, Swan Hill, Traralgon, Yarrawonga, Wangaratta, Warragul, Werribee, Wonthaggi, Western Australia, Broome, Bunbury, Busselton, Coolgardie, Dampier, Derby, Fremantle, Geraldton, Kalgoorlie, Kambalda, Katanning, Kwinana, Mandurah, Meekatharra, Mount Barker, Narrogin, Newman, Northam, Perth, Port Hedland, Tom Price, Wyndham. (https://www.britannica.com/topic/list-of-cities-and-towns-in-Australia-2027337)

Why do I require the other parent’s Consent to relocate to Australia?

According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to Australia. Here we refer to section 18 of the Children’s Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights  (1) A person may have either full or specific parental responsibilities and rights in respect of a child.  (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right-  (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child.  (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must-  (a) administer and safeguard the child’s property and property interests;  (b) assist or represent the child in administrative, contractual and other legal matters; or  (c) give or refuse any consent required by law in respect of the child, including-  (i) consent to the child’s marriage;  (ii) consent to the child’s adoption;  (iii) consent to the child’s departure or removal from the Republic;  (iv) consent to the child’s application for a passport; and  (v) consent to the alienation or encumbrance of any immovable property of the child.  (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the Consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Now let us explain what Parental Responsibilities and Rights are.

What are Parental Responsibilities and Rights of a parent in relation to a child?

As can be seen from section 18(2) of the Children’s Act, when we refer to Parental Responsibilities and Rights, we refer to the following: (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child. Therefore, if a parent has parental responsibilities and rights over a minor child, and accordingly, rights of guardianship, their Consent is required when it comes to issues of guardianship. As seen from section 18(3)(c) of the Children’s Act above, both parents’ Consent is required should a minor child depart from the Republic of South Africa. In this case, to emigrate to Australia. Even if the minor child only wants to go for a short holiday to Australia, both guardians’ Consent would be required.

When would the other parent be seen as a guardian in the case of a relocation matter to Australia?

It must be noted that not all parents are legal guardians over their minor children. We should therefore distinguish between married or divorced parents and parents who were never married. As you would see below, usually married, or divorced parents’ Consent would be required for a minor child to relocate or emigrate to Australia. However, that does not automatically apply to parents who were never married. This could be because the child could have been born from a brief encounter and never met his or her father. It would not make sense that a parent who never met his or her 15-year-old child, should give Consent for relocation to Australia.

Mother’s Consent for relocation of the minor child to Australia

Section 19 of the Children’s Act deals with the Parental responsibilities and rights of mothers. It states the following: 19 Parental responsibilities and rights of mothers  (1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child.  (2) If-  (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and  (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child.  (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement. As seen from section 19(1) of the Children’s Act, in most cases involving the relocation of a minor child to Australia, the mother’s Consent is required as she has full parental responsibilities and rights over the minor child.

Married father’s Consent for the relocation of the minor child to Australia

Section 20 of the Children’s Act deals with Parental responsibilities and rights of married fathers. It states the following: 20 Parental responsibilities and rights of married fathers The biological father of a child has full parental responsibilities and rights in respect of the child- (a) if he is married to the child’s mother; or (b) if he was married to the child’s mother at (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth. As can be seen from sections 20 (a) and (b) of the Children’s Act, if the father and the mother were married, or are married, then his Consent is required for the minor child to relocate to Australia. Of course, an exception to this would be should a court of law order otherwise. This would be the case should the parents be divorced and the divorce court ordered that only the mother may act as guardian. Next, we deal with the issue of an unmarried father’s Consent to relocate a minor child to Australia.

Consent of unmarried fathers for the relocation of their minor children to Australia.

Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. The section states the following: 21 Parental responsibilities and rights of unmarried fathers  (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child-  (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or  (b) if he, regardless of whether he has lived or is living with the mother-  (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law;  (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and  (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.  (2) This section does not affect the duty of a father to contribute towards the maintenance of the child.  (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person.  (b) Any party to the mediation may have the outcome  of the mediation reviewed by a court.  (4) This section applies regardless of whether the child was born before or after the commencement of this Act. As can be seen from the latter sections, a father of a child born out of wedlock does not automatically have parental responsibilities and rights over his minor child. He may however acquire those parental responsibilities and rights over his minor child if he is materially involved in the child’s life. That would be where the father and the mother were in a permanent life partnership when the child was born or he is meaningfully involved in the child’s life, as outlined above. We shall not go into much detail regarding that. However, in most cases, if the father had regular contact with the child and paid child support, he would have acquired parental responsibilities and rights over the minor child.

What do you do if the other parent does not want to consent to the minor child relocating to Australia?

Suppose the other parent also has parental responsibilities and rights over the minor child, and he or she does not want to consent to the relocation of the minor child to Australia, then in such a case, the Court needs to be approached. Here I refer you back to section 18(5) of the Children’s Act referred to above where it states: (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Therefore, after your Court Application has been launched an both sides have been heard, the Court would make the necessary Order. If you are successful in your application for the relocation of your minor children to Australia, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10792" align="alignnone" width="714"]Relocation consent for minor child to Australia - Advocate Muhammad Abduroaf Relocation Order[/caption] [caption id="attachment_10793" align="alignnone" width="725"]Relocation consent for minor child to Australia - Advocate Muhammad Abduroaf Relocation Consent Order[/caption]    

I want to relocate from South Africa to Australia with my minor child. The other parent does not want my child to relocate to Australia. What can I do? Australia is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment Continue Reading

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

Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.

Claiming child maintenance for your child in Seshego

Whether you claim child maintenance in Seshego, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Seshego.

The maintenance scenario – Seshego South Africa

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

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

What is the first step the mother must take in claiming child maintenance?

The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.

How does she start the legal process?

The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Seshego, it would be the maintenance court in Seshego. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.

What do you do while waiting for the maintenance court date?

While you wait to be informed of the court date by the Maintenance Court of Seshego, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.

What happens at the first court appearance at the Seshego Maintenance Court?

Once you have been notified of the maintenance court date by the Seshego Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.

The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.

How does the Maintenance Court hearing or trial work in Seshego?

Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.

At the end of the day, the Seshego Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Seshego Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.

The above child maintenance application principles should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha

Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Seshego, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

 

 

 

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Seshego. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty Continue Reading

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

Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.

Claiming child maintenance for your child in Grahamstown

Whether you claim child maintenance in Grahamstown, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Grahamstown.

The maintenance scenario – Grahamstown South Africa

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

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

What is the first step the mother must take in claiming child maintenance?

The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.

How does she start the legal process?

The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Grahamstown, it would be the maintenance court in Grahamstown. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.

What do you do while waiting for the maintenance court date?

While you wait to be informed of the court date by the Maintenance Court of Grahamstown, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.

What happens at the first court appearance at the Grahamstown Maintenance Court?

Once you have been notified of the maintenance court date by the Grahamstown Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.

The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.

How does the Maintenance Court hearing or trial work in Grahamstown?

Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.

At the end of the day, the Grahamstown Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Grahamstown Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.

The above child maintenance application principles should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha

Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Grahamstown, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

 

 

 

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Grahamstown. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty Continue Reading

How to get urgent Access to your Children without the services of a Lawyer (Attorney or Advocate)

Are you a father or mother of a child and the other parent refuses you access/contact to that child? If that is the case, you have a right to relief from the Court for Urgent Access. A couple would bring a child into this world. Whilst the relationship is ongoing, they can see eye to eye on what is best for the child and both parties form a productive part of the child’s life. Even if the couple is not living together, the father would see the child regularly and bond with the child as is needed. However, once the relationship has severed, it often happens that the parties cannot see eye to eye on what is best for the child regarding regular contact by the father. The mother would either blatantly refuse the father access or would place strict measures on when and how the father can see the child. Should the mother refuse access or prescribe access to the child, which is not in the child’s best interest, the father, in this case, would have grounds to urgently approach the Court for relief. Court procedure is very complicated. It is therefore strongly advised that you approach an attorney with knowledge and experience with these urgent applications. Furthermore, the attorney should have an advocate at hand to move the Application with or without opposition at Court. However, if you wish to do it yourself, read further should you wish to make the Application in the High Court.

The Procedure

Your application is urgent and therefore it is done on affidavit and not orally in Court. You may, however, be called to give oral evidence if the Judge so wishes. This is to clarify certain issues. However, this can mostly be avoided if your papers are properly drafted. You should firstly draft a document called a Notice of Motion and a founding affidavit. I shall explain these documents next. Although reference below may be made to an attorney or advocate, you may attend to the process yourself. Lastly, for the sake of simplicity, the term contact and access is used, as opposed to care and contact.

Notice of Motion

In this document, you state exactly what you want the Judge to grant you. It is similar to the prayers in a summons. Of course, you want the Judge to grant you urgent access to your child. You are making the application urgently and sidestepping some rules of Court regarding time periods and procedure. The first thing you should, therefore, ask the Court is to condone non-compliance with its Rules. You will then ask the Court what relief you want, usually in the form of an interim order to be finalised later. Usually, you will ask for a rule nisi. An example of the prayers in an urgent access application in the High Court are as follows:
  • Condoning the Applicant’s non-compliance with forms and service and time periods provided in the Uniform Rules of this Honourable Court and permitting this Application to be entertained as a matter of urgency in terms of Rule 6(12) of the Rules of Court;
  • That a Rule Nisi be issued, calling upon the Respondent to appear before Court on ____________________ 2026 at 10:00, in order to show cause why an Interim Order should not be confirmed in the following terms:-
    • That the Applicant shall have unsupervised contact to the minor child as follows:
    • Every alternative weekend commencing from Friday 18:00 to Sunday at 18:00.
  • That the provisions above shall operate as an Interim Order, with immediate effect, pending the return date of the Rule Nisi;
This document is signed by your attorney, or by you if, you are acting in person.

Founding Affidavit

In your Founding Affidavit, you provide relevant information under oath. Here you would provide details of you, the mother and the child. You would also need to provide information on a few or more of the following matters:
  • Background information about your relationship with the mother of the child;
  • Past access to the child;
  • Past involvement in the child’s life;
  • When access to the child seized/lessened and the circumstances surrounding it;
  • Past maintenance or attempts to maintain the child;
  • Why the application is urgent and substantive redress in due course would not be afforded to you; and
  • Any other relevant information.

Issue and Service of the Application

Once the Notice of Motion and Founding Affidavit is in order, your attorney would make the necessary copies. Thereafter he would have the application issued at Court. A case number would be provided. If possible, you would have the application served on the mother of the child timeously. The Office of the Family Advocate should also be served.  Here you may make use of the office of the Sheriff or your attorney would serve the papers on the mother.

Opposition

If the mother of the child opposes the relief sort after being served with the Application, she should file an opposing affidavit to which you would have to reply. The parties would then have to argue the matter before the Judge.

Urgent Hearing at the High Court

If your matter has been set down on the Motion Court Roll, the Judge would have already read over the papers filed.  You would then wait for your matter to be called up. Should your matter is to be heard before the Urgent Judge on duty that day, you or your Advocate would have to take the file to the Judge beforehand to read. If the mother or her Advocate is present at Court, and the parties cannot settle the matter, they would then have to argue the matter before the Judge. If, however, the mother after having been duly served does not appear at court, then the process is a bit faster.

After the judge decided on the matter, the following might happen:

  • The Judge would grant the urgent access requested;
  • Grant you urgent access but not on the terms as requested;
  • Refuse to grant you any relief without a family advocate report;
  • Dismiss your application for lack of merits and/or urgency.

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How to get urgent Access to your Children without the services of a Lawyer (Attorney or Advocate) Are you a father or mother of a child and the other parent refuses you access/contact to that child? If that is the case, you have a right to relief from the Court Continue Reading

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

 

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

What to do before visiting the Kimberley Children’s Court

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

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

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 Kimberley Children’s Court

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

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

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

Support – Frequently Asked Questions on Child Maintenance

Support and Child Maintenance: We proud ourselves on our knowledge on family law matters in South Africa. This includes issues and questions surrounding child maintenance. Feel free to browse through the this or question and answers below. Should you not find the answer to a child maintenance question you are look for,
feel free to post  your divorce question here.

Child Maintenance links

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

How much is the average child support a parent must pay Cape Town?

There is no average. It all depends on the needs of the child and the income of the parents.

How much do you get for child support in Cape Town?

It depends on the income of the parents and the needs of the child.

How do you determine the amount of child support?

You look at the needs of the child, and the parent’s income and expenses.

What is the average amount for child support?

There is no average amount. It depends on the facts of the case.

How much child support will I get in Cape Town?

It all depends on your income and standard of living of you and the child.

Is South African an alimony state?

Yes, it is possible that a court makes and order that alimony be paid. It all depends on the

Can you ask for retroactive child support?

Yes it is possible.  Whether the court grants it would depends on the facts of the case.

How much is minimum wage in Cape Town?

This website does not deal with that question.

What percentage do they take out of your salary for child support?

If there is a garnishee order against your salary, they will take off what the court ordered.

How do you calculate child support in Town?

Have a look at other parts of this website for a detailed answer. The simple answer is that the Court looks at your income, assets etc, and that of the mother and the child and come to a fair amount.

Who is the obligor in child support?

The person who should pay child support.

Do I have to pay child support if I have 50 50 custody?

It is possible if the other parent earns less than you.

How much is child support for two children?

It depends on the facts of the case. You should look at the earnings of the parents and the needs of the child.  

How much do you have to pay in child support?

It depends on the needs of the child and the earnings or means of the parents.

What percentage of custody is every other weekend?

This question does not fall under child support. Please search for the answer on another part of this website.

How does child support work when parents live in different provinces?

The basic principle is the same. They should pay according to their means and the needs of the child.

When can you modify a child support order?

When there is a case for it. Usually when more money is needed or one parent cannot afford the order.

Do you have to pay child support after a child turns 18?

If the child is still in need of support, then the answer is yes.

How long will it take to get my child support?

This depends on the relevant court and case. It can take a few months.

How can I get my child support payments lowered?

You would need to apply to court for a variation of the child support order.

What is your monthly gross income?

The total sum you receive, before deductions. Can you get child support arrears dropped?

You would need to approach the court and prove your case. What is the definition of gross income?

The total income before deductions.

How do you find your gross income?

Your salary slip should have it.

How do I calculate my monthly salary?

Look at all you income for the month.

How do you calculate adjusted gross income?

Your salary slip should have that information in it.

How do you figure out your net income?

You take your gross income, and deduct medical aid, pension, tax etc.

How do you calculate monthly income when you get paid biweekly?

You add all your income for the month.

What is the net annual income?

The amount you earned for the year after deductions.

What is my gross annual income?

The total amount you got paid before deductions.

How do you work out your weekly pay?

Add all your income for the week.

What is the definition of net income?

The total income after deductions.

How do you determine your net pay?

You first deduct tax, medical aid, etc.

What is the definition of total income?

All your income.

Is total earned income gross or net?

Gross income.

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.
Advocate of the High Court of South Africa

High Court Advocate Cape Town Western Cape

Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more. Visit our child custody and maintenance site for additional information.

Support – Frequently Asked Questions on Child Maintenance Support and Child Maintenance: We proud ourselves on our knowledge on family law matters in South Africa. This includes issues and questions surrounding child maintenance. Feel free to browse through the this or question and answers below. Should you not find the Continue Reading

I want to relocate from South Africa with my minor child. The other parent does not want to consent. I need an example of a High Court Application where consent is not required.

In South Africa, the requirement for the consent of the other parent to relocate with a child is often rooted in the best interests of the child. Relocating a child can have significant implications for their relationship with both parents, as well as their overall well-being. If a parent has the parental responsibility of guardianship over a child, his or her consent is required should the minor child leave South Africa.

Why is a parent’s consent required for the relocation of a minor child?

When a parent wishes to move with a child from South Africa to any other country, either permanently or temporarily, the consent of the other parent or approval from the court is required. This is to ensure that both parents have a say in decisions that affect the child’s life and to prevent one parent from unilaterally making decisions that might negatively impact the child’s relationship with the other parent. It’s essential to consult with a family law attorney or advocate in South Africa who can provide advice based on the specific circumstances of your case. Keep in mind that family law is subject to change, so it’s crucial to get the most up-to-date information from a legal professional familiar with the current laws in South Africa.

Below is an example of a High Court Application for the relocation of a minor child to the United States of America.

[caption id="attachment_11685" align="alignnone" width="670"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf London Relocation Notice of Motion High Court[/caption] [caption id="attachment_11684" align="alignnone" width="700"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf Germany Relocation Notice of Motion High Court[/caption] [caption id="attachment_11681" align="alignnone" width="698"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf London Relocation Notice of Motion High Court[/caption] [caption id="attachment_11683" align="alignnone" width="696"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf Berlin Relocation Notice of Motion High Court[/caption] [caption id="attachment_11682" align="alignnone" width="678"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf Canada Relocation Notice of Motion High Court Adv Muhammad Abduroaf Canada[/caption]  

Require legal assistance with the relocation of your minor child?

Should you require legal assistance with the relocation of your minor child, feel free to contact us in this regard. [video width="1210" height="1712" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Relocation-of-Minor-Children-High-Court-Consent-Application-Example.mp4"][/video]

I want to relocate from South Africa with my minor child. The other parent does not want to consent. I need an example of a High Court Application where consent is not required. In South Africa, the requirement for the consent of the other parent to relocate with a child Continue Reading

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

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

Family Legal Advice Consultancy

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

Price listings for Family Legal Services in Salt River

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Salt River– Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to: And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:

Child Maintenance

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

Child Custody

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

Divorce and Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

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

Are you residing in Salt River and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Salt River area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:
  1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
  2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
  3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
  4. We urge potential clients to read their email well as well as the terms and conditions within the email.
  5. Only once payment has been made, will the face to face legal consultation be confirmed.
  6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.
Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Free legal products if you live in Salt River

Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:
  1. Free Basic Will Tool Kit
  2. Free Shariah Will Template
  3. Free Divorce Starter Tool Kit
  4. Free Child Maintenance Calculator
  5. Free DIY Urgent Child Contact Toolkit
  6. Urgent Holiday Contact Toolkit
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!        

Looking for Family Legal Services in Salt River– Child Maintenance, Child Custody, Visitation Rights and Divorce Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within Continue Reading

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

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

Expertise and Specialisation

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

Personalised Approach

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

Commitment to Excellence

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

Responsive and Accessible

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

Cost-Effective Solutions

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

Ethical and Professional Conduct

Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:
    • Tel.: 021 111 0090
    • Email.: [email protected]
We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you. Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal Continue Reading

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