Free DIY Online Divorce Guide and Court documents – High Court, Cape Town, Western Cape This article deals with uncontested divorces in the Western Cape High Court, Cape Town, for marriage In Community of Property. It further provides legal guidance on doing your divorce, with an online divorce. These free Continue Reading
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Relocation with my minor child to Taiwan, Taipei (Consent and Refusal) – Advocate Muhammad Abduroaf
The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Taipei, Taiwan
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages nine or ten) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Krugersdorp or Umlazi, South Africa, and you want to relocate to Taipei, Taiwan, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Taipei, Taiwan?
The same applies when it comes to your minor child applying for a South African passport to relocate to Taiwan, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Taipei, Taiwan with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport.
Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Taipei, Taiwan. What can I do if the other parent does not want to consent to the minor child’s relocation to Taipei, Taiwan?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Taipei, Taiwan, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Taipei, Taiwan. The other parent would also have an opportunity to give reasons why he or she objects.
At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Taipei, Taiwan, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Taipei, Taiwan?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Taipei, Taiwan – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Taipei, Taiwan, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Taipei, Taiwan
If you require legal assistance or representation with relocating to Taipei, Taiwan due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
Relocation with my minor child to Taiwan, Taipei (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. Continue Reading
Draft you own Divorce Summons and Particulars of Claim, Western Cape High Court, Cape Town
In South Africa, a court of law would be approached to divorce a couple if the marriage broke down irretrievably. In other words, the marriage cannot be saved. Once a decree of divorce is granted, then spouses are immediately allowed to remarry and move on with their lives. This is what is hoped and expected. There are however factors that may keep spouses connected post-divorce. This could vary from couple to couple.Connecting former spouses post-divorce
If there are minor children born from the marriage, then the parties may have to deal with each other in relation to child maintenance, and visitation after the divorce. If it is ordered or agreed upon prior to the divorce, that one spouse should pay personal maintenance to the other spouse, or alimony, then on that basis the parties may have to continue dealing with each other after the divorce.The divorce process in South Africa
Many spouses contemplate getting divorced. However, do not know what procedures need to be followed. Only courts of law in South Africa can divorced couples. And not every court is authorised to do so. For examples, the criminal courts or tax courts will not be able to divorce a couple. The High Courts and the family courts would be able to divorce a couple. The entire legal process starts with the issuing of a summons out of the relevant court.Issuing of a Summons from the divorce court
A summons is a legal document that needs to be drafted. The summons will be issued out of the court that has jurisdiction to attend to the divorce. Usually, it would be the court that deals with divorces where one of the parties resides in. The registrar of the court would sign and stamp the summons and provide a case number. Basically, a court file is opened.Particulars of claim
Attached to the summons would be a Particulates of Claim. This document basically outlines certain relevant information to the divorce court. For example, when the parties were married and details of minor children if any and the reasons for the breakdown of the marriage. The other party and the court would, therefore, know what issues they are going to deal with. Below you will find an example of a Particulars of Claim. You will also find an online form which you can complete to assist you in starting that divorce process.Example of information in a Particulars of Claim
1. The Plaintiff and the Defendant are as described on the face on the summons.
2. The Defendant and/or Plaintiff are domiciled within the area of jurisdiction of this Honourable Court.
3. On 01 January 2000, at Cape Town, Western Cape, the parties were married In Community of Property, and the marriage still so subsists. Kindly find attached a copy of the marriage certificate marked “A”.
4. Plaintiff avers that by virtue of the following facts and circumstances the marriage relationship between the parties has broken down irretrievably and that there is no reasonable prospect for the restoration thereof in that:
4.1 There is no love and affection and meaningful communication between the parties; and
4.2 The Parties do not wish to live as husband and wife.WHEREFORE PLAINTIFF PRAYS FOR:
A. A Decree of Divorce;
B. Equal division of the Joint Estate;
C. Costs, only in the event this action is defended; and
D. Further and / or alternative relief. DATED AT SIGNED AT CAPE TOWN THIS___DAY OF __________________2020. ______________________
Per: JOHN WILLIAMS
(Plaintiff in Person)
4 Green Street,
Greenland,
WESTERN CAPE TO: THE REGISTRAR
HIGH COURT
CAPE TOWN AND TO: JANE WILLIAMS
1 Apple Street,
Apple Town,
WESTERN CAPEComplete the free online divorce form below to assist you with your unopposed divorce.
If you want to attend to your own uncontested divorce, we can to help you at no charge. Fill in the form below, and then our system will send you an email with the details you provided, which you should include in the divorce documents. [ninja_form id=35]
Draft you own Divorce Summons and Particulars of Claim, Western Cape High Court, Cape Town In South Africa, a court of law would be approached to divorce a couple if the marriage broke down irretrievably. In other words, the marriage cannot be saved. Once a decree of divorce is granted, Continue Reading
Relocation with my minor child to Indonesia, Denpasar (Consent and Refusal) – Advocate Muhammad Abduroaf
The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Denpasar, Indonesia
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages five or six) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Kuruman or Rustenburg, South Africa, and you want to relocate to Denpasar, Indonesia, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Denpasar, Indonesia?
The same applies when it comes to your minor child applying for a South African passport to relocate to Indonesia, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Denpasar, Indonesia with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport.
Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Denpasar, Indonesia.What can I do if the other parent does not want to consent to the minor child’s relocation to Denpasar, Indonesia?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Denpasar, Indonesia, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Denpasar, Indonesia. The other parent would also have an opportunity to give reasons why he or she objects.
At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Denpasar, Indonesia, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Denpasar, Indonesia?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Denpasar, Indonesia – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Denpasar, Indonesia, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Denpasar, Indonesia
If you require legal assistance or representation with relocating to Denpasar, Indonesia due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
Relocation with my minor child to Indonesia, Denpasar (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. Continue Reading
Can a parent appeal a child custody order granted by the High Court or Children’s Court?
In resolving disputes regarding child custody or guardianship (parental rights and responsibilities) matters, a court will usually be approached. The court is also the upper guardian of all minor children within its area of jurisdiction. A parent or interested party may approach the Children’s Court or the High Court when it comes to parental rights regarding a minor child. The High Court, however, has greater jurisdiction when it relates to issues associated with guardianship rights. As demonstrated below, the courts’ decisions may be reviewed by a higher court. However, before approaching the court, the parties should first try to resolve the matter through entering into a parenting plan. 
How are child custody court proceedings initiated?
A parent or interested party would make an application to the court. In the High Court, this would be done with a Notice of Motion and Founding Affidavit, served on the other parent or interested party. An interested party would be someone who cares for the child or significantly forms part of the child’s life. For example, a step-parent, grandparent, or aunt. Once the founding papers are served, the other party, the Respondent, would file their answering papers. Thereafter, the Applicant would reply. This is how evidence is provided in the High Court as stated. The process is different in the Children’s Court. In the Children’s Court, forms with supporting documents initiate the process.What happens at the High Court or Children’s Court?
Once the latter initial processes are done, and all other court processes are followed, the parties would present their cases to the presiding officer. At the end of the matter, the court (the Judge or Magistrate) would give the judgement (ruling) or order. This judgement or order will be based upon all the evidence and arguments presented to it by the relevant parties. There may also be expert reports that were considered. For example, a report of the Office of the Family Advocate, a social worker or private psychologist appointed in the matter. These expert reports are very useful as the court seldom meets with the parties. The experts would interview the parents, children and other interested parties and provide their expert recommendations.How does the court make its decision regarding parental rights and responsibilities?
After considering all the evidence presented by the parties and experts, the court will have to decide whether or not to grant the relief sought in the Application before it. The court will be guided by the underlining principle of what is best for the minor child and its experiences with regard to the type of matter before it. The court cannot act on emotion or pity. For example, feel sorry for the mother or father. Their decisions must be judicially exercised. Therefore, there would be no merit to state that the Court always finds in favour of a single mother, or a father. Each case would be decided on its own merits.What happens after the child custody order is granted?
Now, once the court decides was best for the minor child, the court would impose an order. The order may say, for example, that the minor child should reside primarily with one parent, or an interested party, who is not a parent. Or the dispute may be regarding guardianship rights. For example, the court may make an order that both parties’ consent is not required for a passport application of a minor child. No matter what the order is, it must be adhered to by all the parties concerned.Can the child custody court’s decision be challenged?
Now after the court heard all the evidence presented and arguments by either party and handed down its judgment and order; does this mean that its decision cannot be challenged? The answer is no. An aggrieved party may appeal the judgement. In other words, the party who is not happy with the presiding officer’s decision may approach a higher Court to revisit the matter. The higher Court would have to decide whether or not the court made the correct decision. For example, if a parent is not happy with the High Court’s decision that custody should be afforded to the grandmother; then either parent may appeal that decision.When is it advisable to appeal?
Before a party decides to appeal a judgement or order of a court, he or she will have to ensure that there are good grounds to appeal it. In other words, the party who wishes to appeal the judgement must be able to show that the Judge misdirected himself or herself and did not apply his or her mind properly. Furthermore, had the presiding officer applied his mind correctly, a different decision would have been reached.Practical Example of when an appeal may be appropriate
A practical example would be where all the child care experts in the matter agree that the minor child should reside with the father; but notwithstanding what the experts recommend, the court nonetheless ordered that the minor child should reside with the mother. In such a case, it would make sense to appeal the judgement, as all evidence before the court showed that the minor child should primarily reside with the father and not with the mother. On the face of it, it is clear that the judge made an error. The case should, therefore, be relooked at.Judge’s Reason
On the other hand, the court could have had good reasons why it ordered that the minor child should primarily reside with the mother. One reason could be that the experts who recommended primary care misdirected themselves. They considered not so important factors in granting primary care. For example, the father’s wealth and his string of domestic workers at his home. In other words, they recommended custody to a parent due to him being very wealthy and can afford the best for the child. In the court’s view, the wealthy parent should then pay more child maintenance to the other parent. The mother, in this case, is better suited to care for the child, as she did since birth. The father, although very wealthy, is most of the time working overseas and unable to personally care for the child.Know the time periods allowed should you wish to appeal a judgment
If you have valid and good grounds for an appeal, then such an appeal should be made. A later article may deal with the specific rules of court and law that relates to an appeal. The purpose of this article is to bring to the reader’s attention that you may challenge an order that relates to parental rights and responsibilities in relation to a minor child. Please note that the rules and laws regarding appeals are very strict and technical. A party would have to comply with certain time requirements before proceeding with the appeal. Therefore, should a party wish to appeal a judgement, he or she should act upon it timeously as provided for in the relevant rules of court. 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
Can a parent appeal a child custody order granted by the High Court or Children’s Court? In resolving disputes regarding child custody or guardianship (parental rights and responsibilities) matters, a court will usually be approached. The court is also the upper guardian of all minor children within its area of Continue Reading
Testimonials from people who were assisted by Felicity An Guest
Below are a few testimonials of people who were assisted by Felicity An Guest. To set up an advice consultation with her, please visit the link – Consult with Felicity An Guest1. Felicity responds very fast
Felicty’s response to my initial enquiry to meet was instantaneous. This was an oasis of relief after months of battling the maintenance court system with delayed responses and very little clarity despite laborious research. Her passion for and understanding of maintenance law is formidable. Her experience allowed her to swiftly identify the core issues in my maintenance case based on the briefest summary. She immediately referenced sections from the Maintenance Act that were relevant to my case and allowed me to put a structured plan in place for the trial. Felicity was professional and her conduct throughout our meeting was direct and informative, with enough compassion to help me move through the difficult choices that I needed to make. 2. Felicity answers many questions
Good Evening Felicity I would like to thank you for our session we had last week Monday. I had so many questions and you answered all of my questions and more. I left our session knowing im capable of claiming maintenance and i know now what my babies rights are in regards to the childrens maintenance law. You have a very soft touch and i would recommend you to any mommy/daddy seeking help with their rights and the steps they need to take in court. Kind regards [Name left out by us intentionally]
Testimonials from people who were assisted by Felicity An Guest Below are a few testimonials of people who were assisted by Felicity An Guest. To set up an advice consultation with her, please visit the link – Consult with Felicity An Guest 1. Felicity responds very fast Felicty’s response to Continue Reading
The Magistrate’s Permit – Movement of Children during the Lockdown
View the new regulations on Movement of children during the Lockdown
(Regulation 17)
Download this flyer by clicking here. Feel free to share it.
In order to move children between homes, you require the following:
1. Court Order; or
2. Parenting Plan registered with the Office of the Family Advocate; or
3. Parental responsibilities and rights agreement registered with the Office of the Family Advocate; and
4. The household to which the child has to move must be free of COVID-19.
Or
A Magistrate’s Permit
3 Steps to obtain a Magistrate’s Permit:
1. Visit your Magistrate’s Court.
2. Take with the child’s birth certificate or certified copy.
3. Provide written reasons as to why the movement of the child is necessary.
The household to which the child has to move must be free of COVID-19.
Download this flyer by clicking here. Feel free to share it.
The Magistrate’s Permit – Movement of Children during the Lockdown View the new regulations on Movement of children during the Lockdown (Regulation 17) Download this flyer by clicking here. Feel free to share it. In order to move children between homes, you require the following: 1. Court Order; or 2. Continue Reading
Litigating Virtually During the National Lockdown – How Advocates, attorneys and presiding officers are doing their work
The face of litigation drastically changed during the National Lockdown. In order to limit the spread of Covid-19, the legal profession and judiciary had to implement new processes. Of these, are virtual legal proceedings making use of video conferencing. The picture in this post depicts an actual hearing of an Urgent Application at the Western Cape High Court yesterday. The Presiding Judge was in his chambers in the High Court, and both parties’ advocates were litigating from their chambers. After the ruling was made, the Urgent Order was emailed to the Judge’s registrar. This shows how the wheels of justice can still move, making use of technology. The pictures on the screen are that of the Presiding Judge and opposing counsel. The photos were taken in Advocate Muhammad Abduroaf’s chambers in Cape Town during the virtual court hearing. Next to Advocate Abduroaf, is his instructing attorney, Ms Nicole Lawrence. You would note that Adv Abduroaf is not wearing a robe. That requirement is only applicable in open court. Certain courts are still hearing matters in open court. However, Covid-19 regulations are in place. This included wearing face masks, sanitisation of hands, and body temperature checking. [caption id="attachment_9167" align="alignleft" width="627"]
Litigating Virtually During the National Lockdown – How Advocate, attorney and presiding officers are starting to work[/caption]
Litigating Virtually During the National Lockdown – How Advocates, attorneys and presiding officers are doing their work The face of litigation drastically changed during the National Lockdown. In order to limit the spread of Covid-19, the legal profession and judiciary had to implement new processes. Of these, are virtual legal Continue Reading
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Polokwane.
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 Polokwane
Whether you claim child maintenance in Polokwane, 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 Polokwane.
The maintenance scenario – Polokwane South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
- The Child is seven years old and attends school in Polokwane
- The child is cared for by the mother who works in Polokwane
- The mother works and earns a Salary of R 10 000
- The father sees the child every second weekend. He also lives and works in Polokwane
- The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
- The father earns a reasonable salary and can afford the R 20 000 – 00 per month
- 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 Polokwane, it would be the maintenance court in Polokwane. 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 Polokwane, 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 Polokwane Maintenance Court?
Once you have been notified of the maintenance court date by the Polokwane 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 Polokwane?
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 Polokwane 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 Polokwane 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, Polokwane, 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 Polokwane. 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 Northern Cape.
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 Northern Cape
Whether you claim child maintenance in Northern Cape, 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 Northern Cape.
The maintenance scenario – Northern Cape South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
- The Child is seven years old and attends school in Northern Cape
- The child is cared for by the mother who works in Northern Cape
- The mother works and earns a Salary of R 10 000
- The father sees the child every second weekend. He also lives and works in Northern Cape
- The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
- The father earns a reasonable salary and can afford the R 20 000 – 00 per month
- 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 Northern Cape, it would be the maintenance court in Northern Cape. 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 Northern Cape, 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 Northern Cape Maintenance Court?
Once you have been notified of the maintenance court date by the Northern Cape 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 Northern Cape?
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 Northern Cape 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 Northern Cape 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, Northern Cape, 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 Northern Cape. 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 Continue Reading