Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Kimberley? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases Continue Reading
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How do I have my case heard in the Constitutional Court of South Africa? I have a case that has constitutional implications.
In South Africa, the Constitutional Court is the highest court in matters related to the interpretation, protection, and enforcement of the Constitution. The Constitutional Court has the authority to hear various types of cases, particularly those involving constitutional matters. Here are some common types of cases that can be appealed to the Constitutional Court:Constitutional Matters:
Cases involving the interpretation, application, or violation of the provisions of the Constitution of the Republic of South Africa.Human Rights Violations:
Cases involving alleged violations of fundamental human rights guaranteed by the Constitution, such as freedom of expression, equality, and dignity.Legislation Review:
Challenges to the constitutionality of legislation. The Constitutional Court has the authority to review the constitutionality of laws and may declare them invalid if they are found to be inconsistent with the Constitution.Jurisdictional Disputes:
Cases involving disputes about the constitutional powers and functions of different branches of government or between different spheres of government.Electoral Matters:
Cases related to elections, including disputes over the validity of elections and matters concerning the electoral system.Access to Justice:
Cases involving access to justice and fair trial rights, particularly if there are constitutional implications.Land and Property Rights:
Cases related to land and property rights, including disputes over land reform policies and practices.Interpretation of the Bill of Rights:
Cases where the interpretation of specific rights in the Bill of Rights is at issue. It’s important to note that the Constitutional Court has the authority to hear matters referred to it by lower courts, as well as matters that are brought directly to the court. Additionally, the court’s jurisdiction is not exhaustive, and there may be other specific matters that can be appealed based on constitutional grounds. If you are unhappy with a Court decision and require legal assistance regarding a possible appeal to the Constitutional Court, feel free to contact us for assistance.Contact details of the Constitutional Court of South Africa
The contact details of the Constitutional Court of South Africa are as follows as found on https://www.concourt.org.za/index.php/contact-us/superior-courts-contacts: Director of the Constitutional Court:
Tel: +27 11 359-7459
Email: [email protected] Registrar of the Constitutional Court:
Tel: +27 11 359-7400
Email: [email protected] General office: of the Constitutional Court (Court cases):
Tel: +27 11 359-7468 Cell: +27 67 715-3950 (Only for Emergency) Email: [email protected] Library of the Constitutional Court:
Tel: +27 11 359-7400
Email: [email protected]
How do I have my case heard in the Constitutional Court of South Africa? I have a case that has constitutional implications. In South Africa, the Constitutional Court is the highest court in matters related to the interpretation, protection, and enforcement of the Constitution. The Constitutional Court has the authority 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
Confirming a father’s Parental Responsibilities and Rights to his Child
In the past, the terms Custody and Access was used in relation to the rights of parents to children. Now the terms Care and Contact are used. The term visitation may also be mentioned as well. According to the Children’s Act of 2005, both parents have full parental responsibilities and rights in relation to a child. There are however certain exceptions. If there is a dispute regarding that, then the father may have to make an application to the High Court confirming his responsibilities and rights and enforcing them. This can turn out to be a costly affair. You may do it yourself. If, however, a father has to take that route, it is strongly suggested that he gets hold of an attorney. – Adv. Muhammad Abduroaf LL.B LL. M – Advocate of the High Court of South Africa.The Court Application
A Notice of Motion should be drafted. This notice is supported with a Founding Affidavit. Sometimes confirmatory affidavits are attached as well. The documents would further be filed with the Office of the Family Advocate. Once the Application is served on the mother, she would then have an opportunity to file her opposing papers (if any). The father will then have an opportunity to reply. Once a date is provided by the Registrar of the Court, the matter would be argued before a Judge who would make a decision with or without a Family Advocate’s Report. Urgent applications can also be made, but here an experienced attorney and advocate are required as time is of the essence.What the father would basically be asking for is the following:
An Order directing that the parties (mother and father) are co-holders of parental responsibilities and rights in respect of the minor child, in terms of the Children’s Act, 38 of 2005 (“the Children’s Act”) as follows:- the parties are co-holders of guardianship over the minor child as provided in Section 18(2(c); 18(3); 18(4) and 18(5) of the Children’s Act;
- the parties shall be co-holders of parental responsibilities and rights of care and contact in respect of the minor child as referred to in Section 18(2)(a) and (b) of the Children’s Act; and
- How such rights of care and contact shall be implemented.
The Court will hear the matter and make a decision. If all goes well, the Court would grant the Order confirming the father’s parental responsibilities and 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.
Sharing is CaringConfirming a father’s Parental Responsibilities and Rights to his Child In the past, the terms Custody and Access was used in relation to the rights of parents to children. Now the terms Care and Contact are used. The term visitation may also be mentioned as well. According to the Children’s Continue Reading
Relocation with my minor child to India, Agra (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 Agra, 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 one or two) 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 Vanderbijlpark or Sibasa, South Africa, and you want to relocate to Agra, 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 Agra, 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 Agra, 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 Agra, India. What can I do if the other parent does not want to consent to the minor child’s relocation to Agra, 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 Agra, 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 Agra, 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 Agra, 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 Agra, India?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Agra, 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 Agra, 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 Agra, India
If you require legal assistance or representation with relocating to Agra, 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, Agra (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
Child Custody Law in South Africa
What exactly is child custody? Child custody refers to the legal order or instruction by the court to the parents of their child/children. The term Custody on its own, simply means to care or protect for. Hence child custody is concerned with the protection and care of a child by the parents. [caption id="attachment_4504" align="alignleft" width="300"]
Call law offices: 0211110090
Email us at: [email protected][/caption] When it comes to the Children’s Act in South Africa, your legal expert/professional will tell you that the Act aims to have the child’s best interest in place. With that being said, the Act covers a number of legal aspects and rights regarding the child. Attorneys (Lawyers), Advocates and other legal professionals, will make use of the Act to ensure that they are doing things legally correct. The Children’s Act can be applied to parents, grandparents, aunties, uncles, teachers and so forth.Sole Guardianship
Sole guardianship refers to one parent having full custody of the child. Some may interpret this wrongly and think that the other parent will no longer be able to see the child. This is not the case. It is however, commonly understood that the mother is usually awarded sole custody. This too, is no longer the case. Should the mother be the less responsible parent, sole custody may be awarded to the father by the court. Depending upon the nature and circumstance of the legal matter, the court may find joint custody in the child’s best interest. [caption id="attachment_4506" align="alignleft" width="300"]
Call law offices: 0211110090
Email: [email protected][/caption]Custody of divorced parents
There is so much at play when it comes to deciding to the custodian parent of the child with divorced parents. It is best advised that a parenting plan is professionally drafted and legally executed. A parenting plan outlines the rights of both parents with regards to the child; covers visitation rights and helps both parents reach a mutual ground. [caption id="attachment_4507" align="alignleft" width="300"]
Call our law offices on: 0211110090
Email us at: [email protected][/caption]Divorced father’s rights
Fathers do have rights to their child after divorce. Depending on the relationship between the two parents, they may reach a mutual agreement. If you’re a father who regular pays child maintenance but is still denied access to your child, you may want to take this up with a family law legal expert. [caption id="attachment_4494" align="alignleft" width="300"]
Call our law offices on: 0211110090
Email: [email protected][/caption]Child custody cases
Our Lawyer Pty Ltd have dealt with a number of child custody, divorce and child maintenance legal matters. Below are a few of our child custody articles you may find helpful:- How do I get full custody over my child?
- Parental child abuse in custody cases
- What does it mean when you have primary residential custody?
- What happens in custody dispute where one parent is mentally ill?
[caption id="attachment_4508" align="alignleft" width="300"]
Call our law offices on: 0211110090
Email us at: [email protected][/caption] Call our offices today and have your legal appointment booked online immediately. Our Lawyer Pty Ltd is highly accommodating towards its clients and believe in making life easier for its clients. This is why we have decided to initiate an online appointment system as well as an online platform in which you can share your thoughts and post your legal questions. Connect with us today!
Child Custody Law in South Africa What exactly is child custody? Child custody refers to the legal order or instruction by the court to the parents of their child/children. The term Custody on its own, simply means to care or protect for. Hence child custody is concerned with the protection Continue Reading
Relocation with my minor child to United States of America, Las Vegas (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 Las Vegas, United States of America
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages nine or ten) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Nelspruit or Mahikeng, South Africa, and you want to relocate to Las Vegas, United States, 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 Las Vegas, United States?
The same applies when it comes to your minor child applying for a South African passport to relocate to United States, 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 Las Vegas, United States 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 Las Vegas, United States. What can I do if the other parent does not want to consent to the minor child’s relocation to Las Vegas, United States of America?
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 Las Vegas, United States, 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 Las Vegas, United States. 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 Las Vegas, United States of America, 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 Las Vegas, United States of America?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Las Vegas, United States of America – 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 Las Vegas, United States of America, 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 Las Vegas, United States of America
If you require legal assistance or representation with relocating to Las Vegas, United States 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 United States of America, Las Vegas (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 Continue Reading
Looking for Family Legal Services in Foreshore– Child Maintenance, Child Custody, Visitation Rights and Divorce
Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.Family Legal Advice Consultancy
We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Foreshore area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.Price listings for Family Legal Services in Foreshore
We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.Legal Advice in Foreshore– Family law legal topics
For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to:- Child Maintenance
- Ante-nuptial Contact
- Change Matrimonial Property Regime
- Child Adoption
- Child Custody and Access
- Domestic Violence Protection
- Family Trust Registration
- Fast Unopposed Divorces
- Non-Compliance with maintenance orders
- Parenting Plans
- Postnuptial Contract Registration
- Pre-nikkah Agreement
And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:Child Maintenance
- How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
- Child Maintenance Question. How much should I pay or contribute as a p
- Child Support or maintenance claims. Does an unemployed father pay?
- Non-compliance with Maintenance Orders — Civil and Criminal Remedies
- Tricks and tips on how to win your child maintenance case
Child Custody
- The Law Regarding Children – The Children’s Act 38 of 2005
- Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
- How do I get full custody over my child?
- Parental Child Abuse in Custody Cases
- Relocate with minor child. Parent Refusing Consent for a Passport
- Father being refused contact to his child! What are his rights as a Father?
- Father’s Parental Responsibilities and Rights to his Child
- Urgent Access to your Children without a Lawyer
- Parenting Plans and the Law
- What happens in a custody dispute where one parent is mentally ill?
- How to win your child custody and access court case – Tips and Tricks
- Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?
Divorce and Property
- How to Change your Matrimonial Property Regime
- Do your own Unopposed Divorce. No lawyers needed and its Free.
- Parental Rights of Divorced Muslim parents after a Talaq or Faskh
- Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Foreshore
Are you residing in Foreshore and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Foreshore area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:- Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
- You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
- Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
- We urge potential clients to read their email well as well as the terms and conditions within the email.
- Only once payment has been made, will the face to face legal consultation be confirmed.
- Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.
Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.Free legal products if you live in Foreshore
Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:- Free Basic Will Tool Kit
- Free Shariah Will Template
- Free Divorce Starter Tool Kit
- Free Child Maintenance Calculator
- Free DIY Urgent Child Contact Toolkit
- Urgent Holiday Contact Toolkit
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!
Looking for Family Legal Services in Foreshore– Child Maintenance, Child Custody, Visitation Rights and Divorce Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close Continue Reading
Family Law is specialised field of law. It is always best to obtain the services of the best lawyer for your matter – Cape Town
What follows are some questions regaring family law lawyers, costs and procedures and guidlines.At what age can a child refuse to see a parent in South Africa?
In South Africa, there is no specific legal age at which a child can categorically refuse to see a parent. However, the courts typically consider a child’s wishes regarding contact with a parent more seriously as they get older. General Guidelines:- Age of Maturity: Generally, around the age of 12, children’s views are given greater weight in custody and contact decisions. However, this does not mean they can unilaterally decide to refuse contact.
- Best Interests of the Child: The primary consideration in family law is the best interests of the child. If a child expresses a desire not to see a parent, the reasons behind this wish will be evaluated.
- Professional Input: Courts may involve child psychologists or social workers to assess the situation and the child’s perspective.
Ultimately, while a child’s wishes are important, the decision regarding contact will depend on the overall circumstances and the court’s assessment of what is in the child’s best interests.What do I do if I do not have money to afford the services of an attorney?
If you can’t afford an attorney in South Africa, there are several options available to you:- Legal Aid South Africa: This government agency provides free legal assistance to those who qualify based on income and the type of legal issue. You can visit their website or contact a local office for more information.
- Pro Bono Services: Many attorneys offer pro bono (free) services for those in need. You can check with local law firms, bar associations, or platforms like ProBono.org to find lawyers willing to take on your case.
- Legal Clinics: Universities often have legal aid clinics staffed by law students under the supervision of qualified attorneys. These clinics can provide free legal advice and assistance.
- Community Organizations: Some NGOs and community organizations offer legal assistance or can help connect you with pro bono lawyers.
- Self-Representation: If your case is straightforward, you might consider representing yourself. Many courts have resources and guides to help individuals navigate the legal system.
- Payment Plans: If you find an attorney who is willing to help but you can’t afford their fees upfront, ask if they offer payment plans or sliding scale fees based on your income.
Make sure to explore these options as soon as possible, as legal issues often have time constraints.Is an advocate higher than a lawyer?
The terms “advocate” and “lawyer” can have different meanings depending on the legal system in question. Generally, a lawyer is a broad term that refers to anyone who is qualified to practice law, while an advocate often specifically refers to a lawyer who represents clients in court. In some countries, an advocate may hold a higher or more specialized status, focusing on courtroom representation and litigation. In others, the terms might be used interchangeably. It really depends on the jurisdiction and its legal definitions!Which type of lawyer gets paid the most in South Africa?
In South Africa, corporate lawyers typically earn the highest salaries, particularly those working for large law firms or in-house at major corporations. Other high-paying specialties include:- Mergers and Acquisitions (M&A): Lawyers involved in high-value transactions can command significant fees.
- Tax Law: Experts in tax law are often sought after for their specialized knowledge.
- Litigation: Senior litigators, especially those with a strong track record, can also earn substantial salaries.
Compensation can vary widely based on experience, location, and the specific firm or company.What are South African lawyers called?
In South Africa, lawyers are generally referred to as “attorneys.” Those who represent clients in court are specifically called “advocates.” The legal profession in South Africa is divided into these two main categories: attorneys handle legal matters and client relationships, while advocates primarily focus on litigation and courtroom representation. This distinction is similar to the barrister/solicitor system found in some other countries.How much can a lawyer charge for a case in South Africa?
In South Africa, lawyer fees can vary significantly based on several factors, including the type of case, the lawyer’s experience, and the complexity of the matter. Generally, lawyers may charge:- Hourly Rates: These can range from about R1,000 to R5,000 or more per hour, depending on the lawyer’s experience and specialization.
- Fixed Fees: For certain types of cases, such as drafting wills or conveyancing, lawyers might offer fixed fees.
- Contingency Fees: In some civil cases, lawyers may work on a contingency basis, charging a percentage (often around 25% to 35%) of the settlement amount.
- Retainer Fees: Some lawyers require a retainer, which is an upfront fee that covers initial legal services.
It’s always best for clients to discuss fees upfront and clarify any potential costs associated with their case.How much is the expert witness fee in South Africa?
In South Africa, expert witness fees can vary widely depending on the expert’s qualifications, experience, and the complexity of the case. Generally, expert witnesses might charge:- Hourly Rates: These can range from R1,000 to R5,000 or more per hour, depending on the field of expertise and the expert’s reputation.
- Daily Rates: Some experts may charge a flat daily rate, which could be anywhere from R5,000 to R20,000 or higher.
- Preparation Fees: Experts may also charge for time spent preparing reports or consultations, which is often billed separately.
It’s important for clients to discuss and agree on fees in advance to avoid any misunderstandings later on.Who pays for advocates in South Africa?
In South Africa, the party that hires an advocate typically pays their fees. Here are some common scenarios:- Private Clients: If an individual or business hires an advocate directly, they are responsible for covering the advocate’s fees.
- Attorneys: Advocates are usually retained by attorneys on behalf of their clients. In this case, the client pays the attorney, who then pays the advocate.
- Legal Aid: If a client qualifies for legal aid, the legal aid organization may cover the advocate’s fees.
- Costs Orders: In some cases, if a party wins a case, the court may order the losing party to pay the legal costs, including the advocate’s fees, as part of the judgment.
It’s essential for clients to clarify fee arrangements in advance, regardless of the scenario.How much child maintenance should a father pay in South Africa?
In South Africa, child maintenance amounts are not set by a fixed formula but depend on various factors, including the needs of the child and the financial capabilities of the parents. Key considerations include:- Income of Both Parents: The combined income of both parents is considered to determine what is reasonable for the non-custodial parent to contribute.
- Child’s Needs: This includes costs for food, clothing, education, healthcare, and extracurricular activities.
- Living Arrangements: The living situation of both parents and the child can also influence maintenance amounts.
- Court Orders or Agreements: Maintenance amounts can be determined through a court order or a mutual agreement between parents.
While there’s no specific amount prescribed, some guidelines suggest that maintenance could range from 10% to 25% of the non-custodial parent’s net income, but this is just a general guideline and can vary widely. It’s advisable to consult a legal professional or mediator for a more tailored assessment based on individual circumstances.What happens if a father cannot pay maintenance?
If a father in South Africa cannot pay child maintenance, several potential consequences and options may arise:- Legal Consequences: Failing to pay maintenance can lead to legal action. The custodial parent can apply to the court for enforcement of the maintenance order, which might result in a garnishee order to deduct payments directly from the father’s salary.
- Modification of the Order: If a father genuinely cannot pay due to a change in circumstances (like job loss or reduced income), he can apply to the court to modify the maintenance order. This requires providing evidence of the changed financial situation.
- Criminal Charges: In some cases, willful neglect to pay maintenance can lead to criminal charges, including fines or imprisonment.
- Negotiation: It may be possible for the father to negotiate a temporary reduction in payments with the custodial parent, ideally formalized in writing or through a court order.
- Support Services: Seeking assistance from legal aid or social services can provide additional support and guidance on managing child maintenance issues.
It’s important for fathers facing financial difficulties to communicate openly and seek legal advice to navigate the situation appropriately.What rights does a father have in South Africa?
In South Africa, fathers have several important rights regarding their children, particularly in matters of custody, access, and maintenance. Key rights include:- Parental Rights: Fathers have the right to make decisions about their child’s upbringing, including education, health care, and religious upbringing, especially if they are married to the child’s mother or have legal acknowledgment of paternity.
- Custody and Access: Fathers can apply for custody or visitation rights if they are separated from the child’s mother. The courts prioritize the best interests of the child when making such determinations.
- Child Maintenance: Fathers have the right to request that the mother contributes to child maintenance, especially if they are the primary caregiver.
- Legal Representation: Fathers have the right to seek legal representation in matters relating to their children, including custody disputes and maintenance claims.
- Participation in Major Decisions: Fathers should be involved in significant decisions affecting their child’s life, such as schooling or medical treatment.
- Protection Against Unreasonable Actions: Fathers can seek legal recourse if they believe the mother is acting unreasonably regarding access or other parental rights.
How to get full custody of a child as a mother in South Africa?
To seek full custody of a child as a mother in South Africa, you’ll need to follow specific steps, keeping in mind that the court prioritizes the best interests of the child. Here’s a general outline of the process:- Understand Types of Custody: Familiarize yourself with the different types of custody—sole custody (full custody) and joint custody. Full custody means you have the exclusive right to make decisions regarding the child’s upbringing.
- Gather Evidence: Collect evidence that supports your case for full custody. This may include:
- Documentation of the child’s living conditions.
- Records of the child’s needs (educational, medical, emotional).
- Evidence of your involvement in the child’s life.
- Any instances of unfit parenting by the other parent (if applicable).
- Legal Advice: Consult a family lawyer who specializes in custody matters. They can help you understand your rights, prepare your case, and navigate the legal process.
- File an Application: Submit an application to the Family Court for custody. This typically involves:
- Completing the necessary court forms.
- Including your evidence and reasons for seeking full custody.
- Paying any applicable court fees.
- Attend Mediation: Courts often encourage mediation to resolve custody disputes amicably. Be prepared to discuss your preferences and the child’s best interests.
- Court Hearing: If mediation fails, a court hearing will be scheduled. During this time:
- Present your case, including evidence and any witnesses who can support your claim.
- The other parent will have an opportunity to present their case as well.
- Best Interests of the Child: The court will consider various factors to determine the best interests of the child, including:
- The emotional and developmental needs of the child.
- The child’s relationship with both parents.
- Each parent’s ability to provide for the child’s needs.
- Receive the Court Order: After the hearing, the court will make a decision and issue a custody order. If awarded full custody, you’ll have the legal authority to make decisions about the child’s life.
- Ongoing Compliance: Ensure compliance with the court order and maintain open communication with the other parent regarding the child’s welfare.
It’s essential to remain focused on the child’s best interests throughout the process. Legal advice is crucial to effectively navigate the complexities of custody cases.
- Documentation of the child’s living conditions.
- Records of the child’s needs (educational, medical, emotional).
- Evidence of your involvement in the child’s life.
- Any instances of unfit parenting by the other parent (if applicable).
- Completing the necessary court forms.
- Including your evidence and reasons for seeking full custody.
- Paying any applicable court fees.
- Attend Mediation: Courts often encourage mediation to resolve custody disputes amicably. Be prepared to discuss your preferences and the child’s best interests.
- Court Hearing: If mediation fails, a court hearing will be scheduled. During this time:
- Present your case, including evidence and any witnesses who can support your claim.
- The other parent will have an opportunity to present their case as well.
- Best Interests of the Child: The court will consider various factors to determine the best interests of the child, including:
- The emotional and developmental needs of the child.
- The child’s relationship with both parents.
- Each parent’s ability to provide for the child’s needs.
- Receive the Court Order: After the hearing, the court will make a decision and issue a custody order. If awarded full custody, you’ll have the legal authority to make decisions about the child’s life.
- Ongoing Compliance: Ensure compliance with the court order and maintain open communication with the other parent regarding the child’s welfare.
Family Law is specialised field of law. It is always best to obtain the services of the best lawyer for your matter – Cape Town What follows are some questions regaring family law lawyers, costs and procedures and guidlines. At what age can a child refuse to see a parent Continue Reading
Looking for Family Legal Services in Claremont- Child Maintenance, Child Custody, Visitation Rights and Divorce
Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.Family Legal Advice Consultancy
We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Claremont area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.Price listings for Family Legal Services in Claremont
We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.Legal Advice in Claremont– Family law legal topics
For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to:- Child Maintenance
- Ante-nuptial Contact
- Change Matrimonial Property Regime
- Child Adoption
- Child Custody and Access
- Domestic Violence Protection
- Family Trust Registration
- Fast Unopposed Divorces
- Non-Compliance with maintenance orders
- Parenting Plans
- Postnuptial Contract Registration
- Pre-nikkah Agreement
And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:Child Maintenance
- How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
- Child Maintenance Question. How much should I pay or contribute as a p
- Child Support or maintenance claims. Does an unemployed father pay?
- Non-compliance with Maintenance Orders — Civil and Criminal Remedies
- Tricks and tips on how to win your child maintenance case
Child Custody
- The Law Regarding Children – The Children’s Act 38 of 2005
- Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
- How do I get full custody over my child?
- Parental Child Abuse in Custody Cases
- Relocate with minor child. Parent Refusing Consent for a Passport
- Father being refused contact to his child! What are his rights as a Father?
- Father’s Parental Responsibilities and Rights to his Child
- Urgent Access to your Children without a Lawyer
- Parenting Plans and the Law
- What happens in a custody dispute where one parent is mentally ill?
- How to win your child custody and access court case – Tips and Tricks
- Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?
Divorce and Property
- How to Change your Matrimonial Property Regime
- Do your own Unopposed Divorce. No lawyers needed and its Free.
- Parental Rights of Divorced Muslim parents after a Talaq or Faskh
- Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Claremont
Are you residing in Claremont and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Claremont area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:- Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
- You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
- Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
- We urge potential clients to read their email well as well as the terms and conditions within the email.
- Only once payment has been made, will the face to face legal consultation be confirmed.
- Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.
Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.Free legal products if you live in Claremont
Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:- Free Basic Will Tool Kit
- Free Shariah Will Template
- Free Divorce Starter Tool Kit
- Free Child Maintenance Calculator
- Free DIY Urgent Child Contact Toolkit
- Urgent Holiday Contact Toolkit
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!
Looking for Family Legal Services in Claremont- Child Maintenance, Child Custody, Visitation Rights and Divorce Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close Continue Reading