Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Worcester Children’s Court Family law legal matters can be very stressful. This is so whether you live in Worcester or any other city in South Africa. Especially so if you Continue Reading
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Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Ladysmith Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Ladysmith or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.
This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Ladysmith. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Ladysmith or any other city in South Africa.
What to do before visiting the Ladysmith Children’s Court
Before you approach the Children’s Court in Ladysmith, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Ladysmith has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Ladysmith Children’s Court for assistance.
TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.
Approaching the Ladysmith Children’s Court
The Ladysmith Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Ladysmith Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.
Once you arrive at the Ladysmith Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.
In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:
- PART A: PARTICULARS OF CHILD(REN)
- PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
- PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
- PART D: PARTICULARS OF MATTER
In part D, the following is stated which you need to provide in the form:
- Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
- Documents: Are there any documents relating to the matter? (If so please attach)
Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Ladysmith.
TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.
Processing your Application at the Ladysmith Children’s Court
Once you complete the Form A and submit it to the Clerk of the Ladysmith Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.
TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.
Appearing in the Ladysmith Children’s Court
When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:
- Get a social worker involved in the matter;
- Appoint a legal representative for the minor child;
- Implement interim care and contact arrangements;
- Having the parties attempt to agree on a parenting plan;
-
In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.
TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.
Finalising the matter in the Ladysmith Children’s Court
Once the Ladysmith Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.
TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.
The above Ladysmith Children’s Court Application tips should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Ladysmith, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Ladysmith Children’s Court Family law legal matters can be very stressful. This is so whether you live in Ladysmith or any other city in South Africa. Especially so if you Continue Reading
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Giyani Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Giyani or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.
This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Giyani. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Giyani or any other city in South Africa.
What to do before visiting the Giyani Children’s Court
Before you approach the Children’s Court in Giyani, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Giyani has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Giyani Children’s Court for assistance.
TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.
Approaching the Giyani Children’s Court
The Giyani Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Giyani Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.
Once you arrive at the Giyani Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.
In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:
- PART A: PARTICULARS OF CHILD(REN)
- PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
- PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
- PART D: PARTICULARS OF MATTER
In part D, the following is stated which you need to provide in the form:
- Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
- Documents: Are there any documents relating to the matter? (If so please attach)
Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Giyani.
TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.
Processing your Application at the Giyani Children’s Court
Once you complete the Form A and submit it to the Clerk of the Giyani Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.
TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.
Appearing in the Giyani Children’s Court
When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:
- Get a social worker involved in the matter;
- Appoint a legal representative for the minor child;
- Implement interim care and contact arrangements;
- Having the parties attempt to agree on a parenting plan;
-
In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.
TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.
Finalising the matter in the Giyani Children’s Court
Once the Giyani Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.
TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.
The above Giyani Children’s Court Application tips should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Giyani, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Giyani Children’s Court Family law legal matters can be very stressful. This is so whether you live in Giyani or any other city in South Africa. Especially so if you Continue Reading
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Pretoria Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Pretoria or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.
This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Pretoria. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Pretoria or any other city in South Africa.
What to do before visiting the Pretoria Children’s Court
Before you approach the Children’s Court in Pretoria, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Pretoria has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Pretoria Children’s Court for assistance.
TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.
Approaching the Pretoria Children’s Court
The Pretoria Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Pretoria Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.
Once you arrive at the Pretoria Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.
In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:
- PART A: PARTICULARS OF CHILD(REN)
- PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
- PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
- PART D: PARTICULARS OF MATTER
In part D, the following is stated which you need to provide in the form:
- Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
- Documents: Are there any documents relating to the matter? (If so please attach)
Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Pretoria.
TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.
Processing your Application at the Pretoria Children’s Court
Once you complete the Form A and submit it to the Clerk of the Pretoria Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.
TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.
Appearing in the Pretoria Children’s Court
When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:
- Get a social worker involved in the matter;
- Appoint a legal representative for the minor child;
- Implement interim care and contact arrangements;
- Having the parties attempt to agree on a parenting plan;
-
In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.
TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.
Finalising the matter in the Pretoria Children’s Court
Once the Pretoria Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.
TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.
The above Pretoria Children’s Court Application tips should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Pretoria, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Pretoria Children’s Court Family law legal matters can be very stressful. This is so whether you live in Pretoria or any other city in South Africa. Especially so if you Continue Reading
Divorce Questions and Answers
Update: We introduced this Divorce Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know how to get divorced fast; post a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Divorce; please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledgebase. Therefore, although we are legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share our knowledge of Divorce.There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you with whatever questions you have, or information you require on Divorce. Therefore, after posting your question, or any time after, have a look at the useful resources and information on our website. Some of these resources are listed hereafter.Articles and Q&A
There is a range of legal articles on this website dealing with various family law issues. Some of these articles are straight forward, outlining the legal position on family law-related topics. For example, how to apply for child maintenance, or how to get divorced. Other articles are written in the form of answering a specific legal question. For example, do I pay maintenance if I am unemployed, or what do I do if I want to leave the country with my child, and the other parent does not want to provide consent? Those articles are in blog format. This means that you are welcome to comment or pose questions to increase our knowledge base. The clear idea behind our website is that we want to make family law legal information more accessible and available to the public.Downloadable resources
We created some downloadable resources for free on this website. They are: 1 Free Basic Will Tool Kit 2. Free Shariah Will Template 3. Free Divorce Starter Tool Kit 4. Free Child Maintenance Calculator 5. Free DIY Urgent Child Contact Toolkit Feel free to download these useful resources. Click on the links above, and complete the online purchase process. The purchase price is R 0. Thereafter, a downloadable link would be emailed to you. Once you received the email, download it as soon as possible as the link would expire after two months. We hope that we assisted you with any queries you had on Divorce. If not, feel free to arrange a consultation with us.Sharing is Caring
If you find any of our articles and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal. 
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
Divorce Questions and Answers Update: We introduced this Divorce Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know how to get divorced fast; post a question with some background facts. At the same time, should you be Continue Reading
Relocation with my minor child to China, Shenzhen (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 Shenzhen, China
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 Zwelitsha or Durban, South Africa, and you want to relocate to Shenzhen, China, 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 Shenzhen, China?
The same applies when it comes to your minor child applying for a South African passport to relocate to China, 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 Shenzhen, China 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 Shenzhen, China. What can I do if the other parent does not want to consent to the minor child’s relocation to Shenzhen, China?
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 Shenzhen, China, 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 Shenzhen, China. 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 Shenzhen, China, 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 Shenzhen, China?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Shenzhen, China – 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 Shenzhen, China, 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 Shenzhen, China
If you require legal assistance or representation with relocating to Shenzhen, China 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 China, Shenzhen (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
Adoption Law in South Africa
The Child Care Act forms the foundation of the Adoption Law and is very much adhered when following through with the adoption process. The ultimate objectives of the Children’s Act is to:- Protect the social and emotional well-being of a child.
- To implement structures within a community that can care and protect the child.
- To ensure that no child goes through starvation, abuse, exploitation and so forth.
- To ensure that the public (adults) are not taking advantage/exploiting or inflicting physical harm onto a child.
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Call our law offices on: 0211110090
Email us at: [email protected][/caption] For free, expert legal advice on the Children’s Act, read our legal piece on The Law Regarding Children – The Children’s Act 38 of 2005. Feel free to call our law offices on 021 424 3487 for an online appointment for a professional legal consultation today.Baby adoption process
We often don’t know where to start when it comes to child adoption. These are brief, yet relevant steps you could be looking at when entering into the adoption process:- Establish a mutual ground between you and your spouse: this means making sure that both parties are actively involved in the adoption process and that both parties would like to process with the process.
- Social worker or adoption agency: A social worker mandatory to the process even though you may personally know the biological mother of the child. When it comes to a social worker and agency, you need to ensure that you can trust both the agency and social worker. These two factors will play an essential role in the outcome of the adoption process.
- Screening process: this can be the most dreadful step.
[caption id="attachment_4512" align="alignleft" width="300"]
Call our law offices on: 0211110090
Email us at: [email protected][/caption] You will need:- Interview with your social worker
- Police clearance
- Medical report
- Psychological assessment
- Summary of finances
- Clearance from National Child Protection Register
- Clearance from the National Register of Sexual Offenders
- Assessing of your marriage
- References
- Group sessions
- Social worker will have to visit your home to check for a stable, safe home for the child
- An overall family assessment
- Wait for your child while the social worker determines an ideal candidate that suits the circumstances of the matter.
- You will get to meet your child and you will have an idea of your child’s history and have a choice if you would like to proceed.
- Complete the legal work: this is where a good, family legal expert comes in to help you through the process of the Children’s Court and other legalities.
Inter-country Definition The term “inter-country” adoption is pretty much self-explanatory and refers to adoption taking place out of the country. For more information on inter-country adoption or overall adoption, click on the following links below:- Adopting a child and the Law
- Child adoptions- domestic and intern-country
- Relocate with the minor child- parent refusing passport
- The law regarding Children’s Act
[caption id="attachment_4513" align="alignleft" width="300"]
Call our law offices on: 0211110090
Email us at: [email protected][/caption] Are you residing out of Cape Town? No problem. Make use of our national number on 087 701 1124 or simply call our offices on 021 424 3487 for an online appointment for a professional legal consultation.
Adoption Law in South Africa The Child Care Act forms the foundation of the Adoption Law and is very much adhered when following through with the adoption process. The ultimate objectives of the Children’s Act is to: Protect the social and emotional well-being of a child. To implement structures within Continue Reading
Heartlands Baby Sanctuary
An event of excellence
Playing it Forward at De Zalze Golf course:
25th October 2024
A little bit about Heartlands:
Heartlands Baby Sanctuary, in Somerset West, is a residential (24 hour, 7 days a week) safe care facility that opened its doors 9 years ago. The facility aims to provide safety and protection for children who desperately need it. These are children who have endured unimaginable abuse, neglect, and abandonment, or who may have disabilities that make them even more vulnerable.
Throughout the years, we have been able to provide a home – like environment, to help make a positive impact on the lives just under 400 children. We have developed specialised programs to address their unique needs during their stay with us, and we have made remarkable differences. Witnessing how these children flourish and find happiness when they are shown love, care, and safety has been both heartbreaking, however, more heartwarming.
Children who get a healthy start to life in the 1st 1 000 days and beyond are:
- 10 times more likely to overcome life threatening childhood diseases
- More likely to complete nearly 5 more grades in school
- More likely to go on to earn 21% more in wages as adults
- More likely to have healthier families of their own
Our key annual fundraising event
`If it goes right, it’s a slice, if it goes left, it’s a hook,
if it goes straight, it’s a miracle’ Doug Fields
This year, De Zalze are only allowing 5 charities to hold golf days, and Heartlands has been selected as one from countless others, given the very high standard of our previous golf days.
THE ASK:
This fundraising golf day aims to contribute significantly towards bringing our annual costs down, but not only that, it will assist us in raising more financial support through exposing us to potential new donors. De Zalze is recognized as a five-star golf course in South Africa, attracting very high LSM players.
Your benefits as a sponsor / donor:
- Elevate your brand visibility, forge new customer connections, foster business collaborations, and relish a memorable time on the course—all while championing a noble cause.
- Discover a spectrum of sponsorship options tailored to suit your budget and marketing objectives at our tournament.
- Ensure that you, your colleagues, and esteemed clients can enjoy an exhilarating Playing it Forward, Heartlands Baby Sanctuary Golf Day, with huge benefits such as unique auction items and prizes.
- Transform Lives While Boosting Your Brand
Sponsorship opportunities include: (some of which are tax-deductible)
- Co-Branded golf shirts: max. R16 000 for staff and volunteers and 4 x representatives from your company (qty 40 – approximately R400 per shirt including embroidery)
- Dinner incl. set up: R32 000 (big, delicious braai platters) – tax-deductible.
- Taking a 4-ball R7 000 and/ or sponsoring a dry hole R4 500 or wet hole R5 000
- Overall contribution towards golf day – tax-deductible pending client requests
- TITLE SPONSOR R70 000 includes all of above including branding throughout the venue and at the entrance and deck, positioning on TV screens at the venue, newsletter (5 500 reach), Facebook (7 700 reach) and includes one 4-ball and one wet hole.
PLUS
- Potential access to the database, pending question at registration to receive communication from yourselves with a YES/ NO for POPI reasons.
I do hope you can assist us in our fundraising, Day of Difference, Playing it Forward golf day. We would love to have you on board for an awesome day out on the golf course, whilst giving you great visibility and the opportunity to meet new clients, and to spoil your existing clients. If you are not able to help with the golf day, there are various other ways of helping. Simply liking and sharing our social media posts, and circulating this with friends, family and colleagues, will help create awareness around the work we do, helping us immensely.
Thank you for your time and I look forward to hearing from you.
Kind regards,
Nikki Bower – Sustainability| Marketing | Events
021 – 852 3527
Heartlands Baby Sanctuary
An event of excellence
Playing it Forward at De Zalze Golf course:
25th October 2024
A little bit about Heartlands:
Heartlands Baby Sanctuary, in Somerset West, is a residential (24 hour, 7 days a week) safe care facility that opened its doors 9 years ago. The facility aims to provide safety and protection for children who desperately need it. These are children who have endured unimaginable abuse, neglect, and abandonment, or who may have disabilities that make them even more vulnerable.
Throughout the years, we have been able to provide a home – like environment, to help make a positive impact on the lives just under 400 children. We have developed specialised programs to address their unique needs during their stay with us, and we have made remarkable differences. Witnessing how these children flourish and find happiness when they are shown love, care, and safety has been both heartbreaking, however, more heartwarming.
Children who get a healthy start to life in the 1st 1 000 days and beyond are:
- 10 times more likely to overcome life threatening childhood diseases
- More likely to complete nearly 5 more grades in school
- More likely to go on to earn 21% more in wages as adults
- More likely to have healthier families of their own
Our key annual fundraising event
`If it goes right, it’s a slice, if it goes left, it’s a hook,
if it goes straight, it’s a miracle’ Doug Fields
This year, De Zalze are only allowing 5 charities to hold golf days, and Heartlands has been selected as one from countless others, given the very high standard of our previous golf days.
THE ASK:
This fundraising golf day aims to contribute significantly towards bringing our annual costs down, but not only that, it will assist us in raising more financial support through exposing us to potential new donors. De Zalze is recognized as a five-star golf course in South Africa, attracting very high LSM players.
Your benefits as a sponsor / donor:
- Elevate your brand visibility, forge new customer connections, foster business collaborations, and relish a memorable time on the course—all while championing a noble cause.
- Discover a spectrum of sponsorship options tailored to suit your budget and marketing objectives at our tournament.
- Ensure that you, your colleagues, and esteemed clients can enjoy an exhilarating Playing it Forward, Heartlands Baby Sanctuary Golf Day, with huge benefits such as unique auction items and prizes.
- Transform Lives While Boosting Your Brand
Sponsorship opportunities include: (some of which are tax-deductible)
- Co-Branded golf shirts: max. R16 000 for staff and volunteers and 4 x representatives from your company (qty 40 – approximately R400 per shirt including embroidery)
- Dinner incl. set up: R32 000 (big, delicious braai platters) – tax-deductible.
- Taking a 4-ball R7 000 and/ or sponsoring a dry hole R4 500 or wet hole R5 000
- Overall contribution towards golf day – tax-deductible pending client requests
- TITLE SPONSOR R70 000 includes all of above including branding throughout the venue and at the entrance and deck, positioning on TV screens at the venue, newsletter (5 500 reach), Facebook (7 700 reach) and includes one 4-ball and one wet hole.
PLUS
- Potential access to the database, pending question at registration to receive communication from yourselves with a YES/ NO for POPI reasons.
I do hope you can assist us in our fundraising, Day of Difference, Playing it Forward golf day. We would love to have you on board for an awesome day out on the golf course, whilst giving you great visibility and the opportunity to meet new clients, and to spoil your existing clients. If you are not able to help with the golf day, there are various other ways of helping. Simply liking and sharing our social media posts, and circulating this with friends, family and colleagues, will help create awareness around the work we do, helping us immensely.
Thank you for your time and I look forward to hearing from you.
Kind regards,
Nikki Bower – Sustainability| Marketing | Events
021 – 852 3527
Heartlands Baby Sanctuary An event of excellence Playing it Forward at De Zalze Golf course: 25th October 2024 A little bit about Heartlands: Heartlands Baby Sanctuary, in Somerset West, is a residential (24 hour, 7 days a week) safe care facility that opened its doors 9 years ago. Continue Reading
Child custody for fathers
In most cases, the court will be more likely to award child custody rights to the mother first if the mother happens to be stable. Should the mother in any event, be a substance abuser, then the father will immediately be awarded child custody rights. The court will first and foremost, have the child’s best interest at heart. Part of this process is ensuring that the child grows up in a healthy environment. If it is best for the child to live with the father, then that is where the child will be residing at. Fathers have the following child custody rights towards their children:- Contact
- Care
- Guardianship and sometimes even
- Primary caregivers of the child
As previously mentioned, if the mother happens to be unstable with no intention of rehabilitation, then custody rights are automatically awarded to the father. When it comes to child custody battles, there are no grey areas as the children are the center of it all. For more on child access and visitation rights, fell free to contact our law offices on 021 424 3487 for an online appointment. Alternatively, feel free to email us at [email protected] today for a professional legal consultation.Family law legal services – divorce, child custody and child maintenance
Our law offices boasts a professional, client friendly environment with free Wi-Fi for our clients. Our services are of a highly reputable, quality nature in which the legal expert will be advising and guiding you through the process. We take the well-being of our clients very seriously and always try to prepare the best argument in court. When it comes to professional legal drafting, we strive at providing well thought out, cleverly composed legal documents that best reflects what you require. With that being said, this website makes navigation through our pages less of a problem, and legal information more of a priority. Our professional legal articles contains free, expert legal advice for your convenience. For more information on the family legal services we offer, feel free to call our offices to make an online appointment for you.Child custody questions – we can answer them for you!
Thankfully, our home page allows for some audience engagement in which visitors can now post a brief legal question – this section is arranged in its specific legal categories to make questions easier to sift through. Questions must be kept short and to the point when posting in its relevant sections. The three most commonly dealt family law topics:- Child custody
- Child maintenance
- Divorce
So go ahead and get posting today!
Child custody for fathers In most cases, the court will be more likely to award child custody rights to the mother first if the mother happens to be stable. Should the mother in any event, be a substance abuser, then the father will immediately be awarded child custody rights. The Continue Reading
How do I find a property law firm in Cape Town that fits your needs?
Are you in the market to sell your home, flat, or immovable property? If that is the case, you may require the services of a property lawyer. The same may apply should you wish to become a purchaser of immovable property. The sale of immovable property is a legal transaction. Furthermore, it needs to be registered in the name of the purchaser. Having the right property lawyer on your side can avoid many issues in the future. Here are some tips:- Define Your Needs: Identify the specific legal services you require (e.g., family law, criminal defence, corporate law).
- Research Online: Use legal directories;
- Check Reviews and Ratings: Look for client reviews and ratings to gauge the firm’s reputation and client satisfaction.
- Ask for Recommendations: Reach out to friends, family, or colleagues who may have had similar legal needs for personal recommendations.
- Evaluate Experience: Consider the firm’s experience in your specific legal issue, including years in practice and case outcomes.
- Schedule Consultations: Many firms offer free or less expensive consultations. Use this opportunity to meet attorneys, discuss your case, and assess their communication style.
- Assess Costs: Inquire about fees and billing practices. Understand whether they charge hourly rates, flat fees, or contingency fees.
- Trust Your Instincts: Choose a firm that you feel comfortable with and confident in their ability to handle your case.
- Verify Credentials: Check the attorneys’ qualifications and any disciplinary history.
- Consider Location: Proximity can be important for ease of communication and meetings.
Taking the time to research and evaluate different firms will help you find the right fit for your legal needs.
How do I find a property law firm in Cape Town that fits your needs? Are you in the market to sell your home, flat, or immovable property? If that is the case, you may require the services of a property lawyer. The same may apply should you wish to Continue Reading