Child Maintenance Applications, investigation, preparation and enquiries – What you need to know, and more. Everything you need to know when making a maintenance application at the maintenance court. This includes the filing of the complaint, up until the formal enquiry before a magistrate. The internet is well-stocked with information Continue Reading
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Child Maintenance Applications, investigation, preparation and enquiries – What you need to know, and more.
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Relocation consent Court Order for minor child to Ireland – Advocate Muhammad Abduroaf[/caption]I want to relocate from South Africa to Ireland with my minor child. The other parent does not want my child to relocate to Ireland. What can I do?
Ireland 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 Ireland, if a minor child will be joining that parent and also relocating to Ireland, 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 Ireland. Before we do so, let us list the various cities and towns in Ireland to which you may want to relocate: Dublin, Cork, Galway, Limerick, Waterford, Drogheda, Dún Dealgan, Swords, Blackrock, Tralee, Carlow, Ennis, Dunleary, Kilkenny, Naas, Sligo, Monaghan, Ros Comáin, Mullingar, Tallaght, Wicklow, Clonmel, Wexford, Longford, Trim, Carrick on Shannon, Tullamore, Nenagh, An Cabhán, Port Laoise, Castlebar, Lifford. (https://simplemaps.com/data/ie-cities) Why do I require the other parent’s Consent to relocate to Ireland?
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 Ireland. 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 Ireland. Even if the minor child only wants to go for a short holiday to Ireland, both guardians’ Consent would be required.When would the other parent be seen as a guardian in the case of a relocation matter to Ireland?
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 Ireland. 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 Ireland.Mother’s Consent for relocation of the minor child to Ireland
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 Ireland, 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 Ireland
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 Ireland. 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 Ireland.Consent of unmarried fathers for the relocation of their minor children to Ireland.
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 Ireland?
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 Ireland, 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 Ireland, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10827" align="alignnone" width="644"]
Relocation consent Court Order for minor child to Ireland – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10828" align="alignnone" width="686"] Relocation consent Court Order for minor child to Ireland – Advocate Muhammad Abduroaf[/caption]
I want to relocate from South Africa to Ireland with my minor child. The other parent does not want my child to relocate to Ireland. What can I do? Ireland 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 Bethlehem.
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 Bethlehem
Whether you claim child maintenance in Bethlehem, 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 Bethlehem.
The maintenance scenario – Bethlehem 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 Bethlehem
- The child is cared for by the mother who works in Bethlehem
- 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 Bethlehem
- 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 Bethlehem, it would be the maintenance court in Bethlehem. 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 Bethlehem, 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 Bethlehem Maintenance Court?
Once you have been notified of the maintenance court date by the Bethlehem 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 Bethlehem?
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 Bethlehem 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 Bethlehem 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, Bethlehem, 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 Bethlehem. 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 Phuthaditjhaba.
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 Phuthaditjhaba
Whether you claim child maintenance in Phuthaditjhaba, 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 Phuthaditjhaba.
The maintenance scenario – Phuthaditjhaba 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 Phuthaditjhaba
- The child is cared for by the mother who works in Phuthaditjhaba
- 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 Phuthaditjhaba
- 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 Phuthaditjhaba, it would be the maintenance court in Phuthaditjhaba. 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 Phuthaditjhaba, 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 Phuthaditjhaba Maintenance Court?
Once you have been notified of the maintenance court date by the Phuthaditjhaba 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 Phuthaditjhaba?
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 Phuthaditjhaba 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 Phuthaditjhaba 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, Phuthaditjhaba, 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 Phuthaditjhaba. 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
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]
The Firm: Advocate Muhammad Abduroaf
Trust Account Advocate. Advocate Muhammad Abduroaf is a registered firm with the Legal Practice Council of South Africa. It holds offices in Cape Town. However represents clients all over South Africa. If required, he would travel out to your province to attend to you matter. Advocate Muhammad Abduroaf is a Trust Account practice, which means it may take instructions directly from members of the public. This is compared to referral advocates who may not take instructions directly from members of the public. Advocate Muhammad Abduroaf’s practice allows clients to deposit money into their Trust Account. To do so, it needs to hold a valid fidelity fund certificate, which it does. Advocate Muhammad Abduroaf may appear on its client’s behalf in all courts in the Republic of South Africa. These include the Constitutional Court, the Supreme Court of Appeal, all High Court and magistrates courts in all provinces in South Africa. The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:High Court matters
- Civil claim surrounding money;
- Interdicts;
- Divorces (Opposed and unopposed);
- Child Custody and guardianship disputes;
- Relocation of minor children;
- Various criminal matters;
- Minor children surname changes;
- Appeals and Reviews; and
- Other matters.
Magistrates Court matters
- Civil claim surrounding money;
- Various criminal matters;
- Interdicts;
- Maintenance Court matters;
- Divorces Court matters (Opposed and unopposed)’
- Children’s Court matter; and
- Other matters.
Constitutional Court
- Appeals
Supreme Court of Appeal
- Appeals and Reviews
Consult with, or Instruct Advocate Muhammad Abduroaf
If you would like to have a legal advice consultation with Advocate Muhammad Abduroaf, feel free to use the Our Lawyer online appointment form by clicking here. Should you already have consulted with Advocate Muhammad Abduroaf and wish to mandate and instruct the firm, kindly proceed with completing the mandate form using this mandate link. We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg
- Tel.: 021 111 0090
- Email.: [email protected]
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
Father being refused contact to his child! What are his rights as a Father?
The concept of Family
Fam-i-ly. A three-syllable word, that means so much. The concept of family is a very broad one and one that takes more than one form. There is the traditional form, and a more modern one. When you say “she is family”, you may be referring to your father’s cousin, a grandparent, or a niece. However, people most often referred to are those closest to you, referring to blood relations, for example, a parent or child. The most basic social unit of what a family comprises of – two parents and in most cases a child.We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email.
However, the law now sees people as family who are not necessary married to each other in law, but who may be cohabiting as life partners, bringing a more modern concept to it. As the law recognises family relations, it therefore imposes certain rights, obligations, and certain restraints when it comes to family. For example, spouses have a legal obligation to maintain each other, and you may not marry your sibling. Another example is that of inheritance, even if you never knew you had a child, at your death, he or she would inherit from you if you die intestate, all just because, you are Fam-i-ly.What is a father?
This article deals with the legal relationship between a biological father and a child. Not all men are blessed with being referred to as a father. In order to be a father, you have to be a male parent to a child. The child must have been born from you. And therefore, every child can only have one father. However, from the moment you became a father, the law imposed certain rights and responsibilities. These responsibilities will remain until you or your child’s demise. The scope of this article is not to stipulate what a good or bad father is. It is to outline what the responsibilities and rights of a father are towards his child.What are the father’s rights towards his child?
This article is inspired by the fact that many fathers who are not in a marital, or romantic relationship with the mother of his child, are refused the rights to exercise his parental rights and responsibilities towards his child. In South Africa, we have the Children’s Act 38 (Act 38 of 2005), which came into effect on 1 April 2010. Here section 10 of the Act is of use. It defines parental responsibilities and rights, which includes the right to care for the child, to maintain contact with the child, to act as guardian of the child; and to contribute to the maintenance of the child. Fathers of children born out of wedlock does not automatically have rights towards their child. In order for you to form part of such a child’s life you need to fulfil the requirements of section 21 of the Act, which basically states:- at the time of the child’s birth, you are living with the mother in a permanent life-partnership; and
- you contribute or have attempted in good faith to contribute to the child’s upbringing for a reasonable period;
- you contribute or have attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.
Many fathers would have been married to the mother. Others would have meaningfully partook in the child’s life from birth. Therefore, there should generally be no difference between a child born from a marriage and a child born outside of a marriage. To take the statement further, it is possible for a father of a child born out of wedlock to be the primary care giver of the child, where the mother is only entitled to see the child at certain times and circumstances, or not at all.What is meant by the terms care and contact?
The question is now posed, what is meant by this right of care and contact a father has towards his child? The Act provides a very holistic understanding of the concept of care. This includes providing the child with proper accommodation, guidance, protection and so on. Basically, to do, and provide the child with whatever is in his or her best interests. Contact, on the other hand entails maintaining a personal relationship with the child, visiting or being visited by him or her, and communication with the child in various forms.Can the mother of your child deny you contact and care rights?
Now we deal with the issue of whether or not the mother of your child can arbitrary deny you from exercising your parental responsibilities and rights of care and contact. Should a mother feel that the father of her child should have limited rights and care to his child; in order for her to limit his rights, the mother should have a very good reason for doing so. Her reason should be motivated by what is in the child’s best interest and nothing else. However, what is in the child’s best interest is an objective assessment and not a maternal one. All factors are to be considered. Therefore, by way of example, should the mother’s reason be that the father has a new girlfriend, or that she does not like his parents – that would not on the face of it be a good reason. Therefore, should the father unreasonably be refused care and contact, he can invoke the law. Should he decide to litigate, the court would assess the matter and make a ruling as to what is in the minor child’s best interest. The court may agree with the mother, or the father, or with none of them.Final words to fathers
As a father of a child, you are legally afforded with certain parental responsibilities in relation to your child. In South African law, there is no distinction between the rights of a mother and that of a father in relation to a child if the father has full parental rights and responsibilities. However, what the law looks at is what would practically make sense when exercising those rights and responsibilities. In other words, we cannot cut the child in half. The yardstick is, what is in the child’s best interests. All families are different, with many variables at play. Therefore, if it would be in the minor child’s best interests to reside with their mother, that should happen. Even if the father only sees the child on Christmas eve, then that should be the case. However, in the same breath if it would be in the minor child’s best interest for the minor child to reside with the father and the mother to have contact once a month, then that should be enforced. Therefore, if you as a father are unreasonably being obstructed from exercising your rights of care and contact, get legal advice, and enforce your rights.Sharing is Caring
This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.
Father being refused contact to his child! What are his rights as a Father? The concept of Family Fam-i-ly. A three-syllable word, that means so much. The concept of family is a very broad one and one that takes more than one form. There is the traditional form, and a Continue Reading
Relocation with my minor child to India, Delhi (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 Delhi, India
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 three or four) 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 Queenstown or Virginia, South Africa, and you want to relocate to Delhi, India, 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 Delhi, India?
The same applies when it comes to your minor child applying for a South African passport to relocate to India, 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 Delhi, India 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 Delhi, India. What can I do if the other parent does not want to consent to the minor child’s relocation to Delhi, India?
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 Delhi, India, 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 Delhi, India. 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 Delhi, India, 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 Delhi, India?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Delhi, India – 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 Delhi, India, 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 Delhi, India
If you require legal assistance or representation with relocating to Delhi, India 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 India, Delhi (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
Frequently Asked Questions on Child Custody – South Africa
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Advocate Muhammad Abduroaf – Advocate High Court of South Africa[/caption] We proud ourselves on our knowledge of family law, and related matters in relation to South African Law. This includes issues and questions surrounding child custody, divorce and child maintenance. Feel free to browse through this question and answers sections below. Should you not find the answer to a child custody question you are looking for, feel free to post your child custody question at the bottom of this post.What does it mean when you have primary residential custody?
It means that the child primarily resides with you. For example, the child will only visit the other parent every second weekend.What is a joint residence order?
The child resides with both parents. Usually on an equal basis. 
What is joint custody of a child?
This is the situation where both parents care for the child.How can you get custody of your child?
If you want custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.How do I file for joint custody?
If you want joint custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.How do you file for visitation rights?
If you want visitation rights over your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.How do you file for full custody of your child in Cape Town, South Africa?
If you want custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.How do I file for joint custody in Cape Town, South Africa?
If you want joint custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.How do you file for sole custody of a child?
If you want sole custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests. What does the term sole legal custody of a child mean?
If you have sole legal custody, it means that you alone make day to day decisions regarding your child’s life.Can you get sole custody and child support?
Yes, you can.Can a father get full custody of his child?
Yes, he can. All that he must prove is that it would be in the child’s best interests.How is child support affected by joint custody?
If one parent earns more than the other, then he or she may have to pay child support to the other parent. This is so even if they have joint custody.What is shared custody?
This is when both parents care for the child and have a say in the child’s life.Who will have to pay child support?
Both parents have to pay child support.What is considered joint custody?
When both parents care for the child jointly.What is joint custody with primary residence?
Where the child primarily resides would be her primary residence. Joint custody would mean both parents care for the child and have a say in her life.Can both parents have primary custody?
It is possible in theory, but not practical. What does it mean to be the primary custodial parent?
It means that you decide the day to day affairs of your child’s life. For example, the school he goes to, and the extramural activities he does.Who would be the custodial parent?
Both or either parent can be the custodial parent.What is the difference between full and sole custody?
Full custody would mean you have just as much custody rights as the other parent. Sole custody would mean you the only parent who has custody rights.What does sole custody mean in Cape Town, South Africa?
Sole custody would mean you the only parent who has custody rights.Is primary custody the same as full custody?
No, not necessary. Primary would mean the child primarily lives by one parent. The other parent may still see the child on weekends, school holidays etc. Full custody could mean the same as sole custody.What does it mean to have joint physical custody?
This would mean that the child is in the care of both parents. Basically on an equal basis.What is joint sole custody?
Joint custody is when both parents take care of the child.Do I have to pay child support if I have 50 50 custody?
If a parent earns more than the other parent, he or she may have to pay more towards the child’s expense. A good example would be school fees.What does it mean to have 50 50 custody?
This means that the child resides with both parents most of the time. Both parents also have a joint say in the child’s life.What is the definition of joint legal custody?
Joint custody is when both parents have equal say in the child’s life.What is primary custody of a child?
Primary custody is where one parent cares for the child primarily. What does primary caregiver mean?
A primary caregiver is a parent who primarily takes care of the child.What is split custody of a child?
This is the case where the child spends an equal amount of time with either parent.What is the definition of a caregiver?
A caregiver is a parent or person who cares for the child.What is caregiving of a child?
Caregiving is caring for a child. This includes the provision of food, clothing and shelter.What are the responsibilities of a caregiver?
To care for the child. This includes the provision of food, clothing, education and shelter.What is the job description of a caregiver?
To care for the child. This includes the provision of food, clothing and shelter.What are the skills of a caregiver?
There are no specific skills. However, he or she must be able to care for the child. The child’s best interests should always be upheld.What are the qualities of a good caregiver?
Who ensures the child’s best interests are met.What does it mean to be a custodian?
It means that you take care of the day to day needs of the child.What are my rights as a father?
To be part of your child’s life.How can a father get custody of his child?
You would need to apply to a court.Who has custody of a child when the parents are not married?
Primarily the mother. However, the father acquires such rights if he forms part of the child’s life.What rights does a father have to a child born out of wedlock?
If he forms part of the child’s life and pays support, then he acquires parental responsibilities and rights.What are your rights as a father?
To form part of his child’s life. 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
Frequently Asked Questions on Child Custody – South Africa We proud ourselves on our knowledge of family law, and related matters in relation to South African Law. This includes issues and questions surrounding child custody, divorce and child maintenance. Feel free to browse through this question and answers sections below. Continue Reading
38 Relocation with my minor child to Thailand, Pattaya (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 Pattaya, Thailand 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 seven or eight) 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 Johannesburg or Ulundi, South Africa, and you want to relocate to Pattaya, Thailand, 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 Pattaya, Thailand? The same applies when it comes to your minor child applying for a South African passport to relocate to Thailand, 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 Pattaya, Thailand with my minor child? There is there 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 Pattaya, Thailand. What can I do if the other parent does not want to consent to the minor child’s relocation to Pattaya, Thailand? 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 Pattaya, Thailand, 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 Pattaya, Thailand. 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 Pattaya, Thailand, 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 Pattaya, Thailand? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Pattaya, Thailand – 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 Pattaya, Thailand, 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 Pattaya, Thailand If you require legal assistance or representation with relocating to Pattaya, Thailand 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.
38 Relocation with my minor child to Thailand, Pattaya (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 Continue Reading
Types of domestic violence
Domestic violence is classified as any violent or aggressive behavior taking place within a home which is common in many households. [caption id="attachment_4425" align="alignleft" width="300"]
Call our law offices on: 0211110090 Email: [email protected][/caption] There are different forms of domestic violence. These are:- Emotional
- Physical
- Psychological
- Economical
The following are forms of domestic violence that can unfold in the following manner:- Kicking
- Biting
- Slapping
- Hysteria and throwing objects around
- Sexual abuse/assault
- Domineering behavior/controlling etc
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Call our law offices on: 0211110090 Email: [email protected].[/caption] These behavior habits are serious cases of abuse and the perpetrator should be taken to task for such inhumane acts. Our Lawyer Pty Ltd are professional legal experts in Family law and can advise you with the best legal advice for the way forward. Call our law offices on 021 424 3487 for an online appointment today for a professional legal consultation. Do not hesitate to give us a call!Domestic Violence abuse signs
Are you feeling like you’re stuck in a vicious cycle of abuse? Do you feel like you’re being abused by your partner in anyway? [caption id="attachment_4427" align="alignleft" width="300"]
Call our law offices on: 0211110090 Email: [email protected][/caption] Over the years, we have witnessed extreme cases of abuse whereby most woman settle for an abusive relationship. While dealing with so many cases, we found the following tell-tale signs of abuse:- Constantly humiliate and belittle them
- Feel scared of your partner and scared of standing up for yourself
- Yell at them and put them down
- Keep you away from friends and family
- Make you feel as though you’re mad and imagining things
- Minimize your personal views and accomplishments
- Treat you as an object and not a human being
This is a sad state of affairs as children suffer the most in the process. Children are being subjected to abuse and violence from an early age and our role is to educate victims about their legal rights. Find out more about the Children’s Act which contains free, expert legal advice for the layperson. Call our offices today!Domestic violence Act South Africa regulations
When it comes to domestic abuse, woman and children seem to be the key victims in domestic violence. The Act itself allows them the right to protect themselves. The Act aims to offer woman the legal support they require to put an end to the vicious cycle. [caption id="attachment_4430" align="alignleft" width="300"]
Call our law offices on: 0211110090 Email: [email protected][/caption] One of the most effective ways of executing a legal action to protect yourself is a protection order or restraining order or domestic violence interdict. For more helpful information, read our article compiled by a professional legal expert on how to make a domestic violence application. Feel free to click on the links below for free, expert legal advice:- Domestic Violence Questions and Answers
- How to make domestic violence application.
- I’m in a physically abusive relationship. Help from abuse.
- The Law Regarding Children- Children’s Act 38 of 2005
We are conveniently situated at The Pinnacle, corner of Strand and Burg Street in the CBD, Cape Town, South Africa. Make use of our online appointment system which is efficient and stress free. Call our offices for an online appointment today.
Types of domestic violence Domestic violence is classified as any violent or aggressive behavior taking place within a home which is common in many households. There are different forms of domestic violence. These are: Emotional Physical Psychological Economical The following are forms of domestic violence that can unfold in Continue Reading