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

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

Expertise and Specialisation

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

Personalised Approach

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

Commitment to Excellence

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

Responsive and Accessible

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

Cost-Effective Solutions

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

Ethical and Professional Conduct

Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:

• • Tel.: 021 111 0090
  • Email.: [email protected]

We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Civil Appeals to the Western Cape High Court

Did you know that if you are not satisfied with a decision in a court matter, you can appeal to the High Court? Someone might appeal a court’s decision for several reasons, typically revolving around the belief that an error was made during the trial or hearing or in the court’s interpretation of the law. Here are the main reasons for appealing a court decision:

Legal Errors

The appellant believes that the trial court made errors in applying or interpreting the law. This could include improperly admitting or excluding evidence or misinterpreting legal principles.

Procedural Errors

There were mistakes in the way the trial was conducted, such as improper procedures that could have affected the outcome. Examples include not following proper courtroom protocol or violating the defendant’s right to a fair trial.

Evidence Issues

The appellant might argue that crucial evidence was wrongly admitted or excluded or that there was insufficient evidence to justify the verdict reached by the magistrate or the judge.

Abuse of Discretion

The trial judge made decisions that are seen as unreasonable or arbitrary, such as unfairly limiting the scope of examination of witnesses or making biased rulings on motions.

New Evidence

New evidence has emerged that could potentially change the outcome of the case. This is more common in criminal cases, where new evidence might show the defendant’s innocence.

Ineffective Assistance of Counsel

In criminal cases, the defendant might argue that their attorney did not provide competent legal representation, thereby affecting the trial’s outcome. Appeals are typically reviewed by a higher court, which examines the record of the proceedings from the lower court to determine if there were significant errors that affected the case’s outcome. If the appellate court finds that errors were indeed made, it might reverse the decision, order a new trial, or modify the lower court’s decision. If no significant errors are found, the original decision is usually upheld.

Parenting plan in terms of the Children’s Act

A parenting plan becomes relevant when parents cannot reach an agreement on how they should be splitting their responsibilities towards their child/children. However, the High Court prefers having parents trying to establish a common ground first through mediation services or mutual understanding before resorting to the court. The aim of mediation is to try and settle a dispute out of court and help the two parties establish an understanding regarding their children. In terms of the Children’s Act; it is aimed at preserving the child’s best interests and not that of the parent’s. It therefore encourages parents to fulfill their duties and responsibilities towards their children even after divorce. For more on professional legal drafting on parenting plans, call our law offices for an online appointment for a professional legal consultation today.

How to draft a parenting plan

• Parenting plans and the law: draft, agree and register your plan
• Parenting plans: Questions and Answers
• The law regarding the Children’s Act

The Family Advocate parenting plan

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

Registering Ante Nuptial Contract

First of all, it is crucial to note that if you get married without an Ante Nuptial Contract, you are automatically married in community of property. But what exactly is the purpose of having an ANC? An ANC is an agreement in black and white between two parties before entering into marriage. The agreement stipulates how assets will be dealt with in the event of divorce or death. Having an ante nuptial contract benefits you in the following ways:

• Debt incurred by the other party, will not be affect you financially due to the ANC in place.
• The ANC can be drafted and tailored according to your circumstances so you can get the most out it.
• The ANC allows the parties to remain separate in estates.
• Parties will not need each other’s consent in financial dealings.
• Parties can maintain their own financial independence.

[caption id="attachment_4555" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] To have your ANC registered, call our law offices on 021 424 3487 to find out more on how you can go about having your ANC registered. For professionally drafting, speak to our legal expert today and have a consultation with us.   Engage with our efficient online appointment system and have us make an online appointment for you today!

Ante Nuptial Contract without Accrual

• Anti Nuptial Contract: questions and answers
• Changing matrimonial property regime: questions and answers
• How to change your matrimonial property regime

Ante Nuptial Contract after marriage

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

Looking for Family Legal Services in Newlands- 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 Newlands 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 Newlands

Legal Advice in Newlands– Family law legal topics

• 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

Child Maintenance

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

Child Custody

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

Divorce and Property

1. How to Change your Matrimonial Property Regime
2. Do your own Unopposed Divorce. No lawyers needed and its Free.
3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

• Divorce guide
• Sample High Court Summons
• Particulars of Claim
• Notice of Set Down

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

1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
4. We urge potential clients to read their email well as well as the terms and conditions within the email.
5. Only once payment has been made, will the face to face legal consultation be confirmed.
6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.

Free legal products if you live in Newlands

1. Free Basic Will Tool Kit
2. Free Shariah Will Template
3. Free Divorce Starter Tool Kit
4. Free Child Maintenance Calculator
5. Free DIY Urgent Child Contact Toolkit
6. Urgent Holiday Contact Toolkit

Relocation with my minor child to Thailand, Phuket (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 Phuket, Thailand

If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages three or four) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Brakpan or Newcastle, South Africa, and you want to relocate to Phuket, Thailand, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation.

What about Passport Consent to travel or relocate to Phuket, Thailand?

The same applies when it comes to your minor child applying for a South African passport to relocate to Thailand, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken.

What are the steps to follow when I want to relocate to Phuket, Thailand 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 Phuket, Thailand.

What can I do if the other parent does not want to consent to the minor child’s relocation to Phuket, Thailand?

If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Phuket, Thailand, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Phuket, Thailand. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Phuket, Thailand, the Court would make it possible despite the issue of consent or refusal.

What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Phuket, Thailand?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Phuket, Thailand – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Phuket, Thailand, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself.

Getting legal assistance or help with your relocation application to Phuket, Thailand

If you require legal assistance or representation with relocating to Phuket, Thailand due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Looking for Family Legal Services in Constantia- 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 Constantia 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 Constantia

Legal Advice in Constantia– Family law legal topics

• 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

Child Maintenance

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

Child Custody

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

Divorce and Property

1. How to Change your Matrimonial Property Regime
2. Do your own Unopposed Divorce. No lawyers needed and its Free.
3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

• Divorce guide
• Sample High Court Summons
• Particulars of Claim
• Notice of Set Down

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

1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
4. We urge potential clients to read their email well as well as the terms and conditions within the email.
5. Only once payment has been made, will the face to face legal consultation be confirmed.
6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.

Free legal products if you live in Constantia

1. Free Basic Will Tool Kit
2. Free Shariah Will Template
3. Free Divorce Starter Tool Kit
4. Free Child Maintenance Calculator
5. Free DIY Urgent Child Contact Toolkit
6. Urgent Holiday Contact Toolkit

I was unhappy with the decision of the Maintenance Court, so I appealed to the High Court of South Africa

I had a very terrible experience in the maintenance court recently. I am the mother of two minor children, ages seven and eight. They were both born and raised in South Africa. The father of my minor children has not been involved in their lives since they were very young. Soon after my second child was born, the father of my minor children went missing. All I had was the details of his sister. However, she also did not know where he was. Or at least that is what she told me.

I had to care for the minor children on my own

It is hard being a single parent. I had to attend to all their needs and expenses without the assistance of the biological father. This was very hard as a single parent. I had some help from my parents, but they are retired and have limited means. At least I saved on daycare costs, as they would collect and take the minor children to daycare while I was at work.

Finding the biological father via Facebook

Two years ago, I found out all the whereabouts of their biological father via social media. He posted pictures of himself attending a work function on Facebook.  I then approached the biological father through his work and asked him for assistance regarding the maintenance of the minor children. Both the minor children would have attended school the following year, and I would not have been able to pay the school fees alone.

The father’s refusal to pay child support

The father was adamant that he could not afford to pay child support and told me to apply for a childcare grant. He must have been earning a considerable income, seeing that he was working in a senior position at the company. Furthermore, as shown on his social media profile, he lived an extravagant life. I could not accept that the father was not willing to take any responsibility for the minor children.

Seeking legal assistance from a lawyer and the maintenance court

I then approached an attorney for assistance in obtaining child maintenance from the biological father. I could not afford the legal fees to assist me going forward, as I could not afford to pay for the minor children’s school expenses. I then approached the maintenance court for assistance, and on his advice, the maintenance clerk assisted me in launching an application for child maintenance against the biological father. The biological father was a party in the maintenance court proceedings, and we both appeared before the maintenance officer.

Father’s lack of co-operation

The biological father was not very cooperative in this matter. He did not provide his banking details and said he had not been working for a very long time. After I complained about the documentation he disclosed, the maintenance court instructed the maintenance investigator to investigate the biological father’s affairs. The investigator then found out that the father was earning a large income and had been working since I last saw him many years ago. The maintenance officer uncovered the father’s pay slips and bank statements, revealing his substantial income. The maintenance officer’s investigation revealed the father’s investments and assets, including an immovable property and two cars.

Formal maintenance enquiry – What a disappointment

The matter is then sent for a formal maintenance enquiry before a maintenance magistrate. This is where the problems occurred. The maintenance court never considered any of the information I provided them regarding the expenditure of the minor children. They mainly focused on my ability to care for the minor children and simultaneously disregarded the fact that the father earned much more and could maintain the minor children. The maintenance court wanted me to look after the needs of the minor children on my own and for the father to pay a small amount of maintenance towards the minor children. Once all the evidence had been presented to the maintenance magistrate, she ruled that the father would pay a small amount of maintenance towards minor children. Although the father earns much more than me, he was only ordered to pay approximately 10% of the minor children’s expenditure. I was very disappointed about this.

Taking the Maintenance Court on Appeal

I then again approached an attorney for legal assistance in this regard. All I could do was ask the attorney for advice regarding my case. The attorney advised me that, given the circumstances and the evidence presented, I should appeal the decision of the maintenance magistrate. This is what I did. I appealed on my own and requested reasons for the magistrate’s decision. The magistrate decided that because I earn a salary and the minor children live with me, I should pay most of the minor children’s expenditures. According to my attorney, this was not in line with the law and should not be allowed. The magistrate made a mistake when it ordered the father to pay only 10% of the minor children’s expenditure despite him earning much more than me.

Appealing the maintenance court decision to the High Court

The appeal proceeded to the High Court, where I was successful. The High Court reviewed the maintenance court’s evidence and concluded that the magistrate erred in his decision. The High Court further ordered that the biological father should pay for half of all the minor children’s expenditures. This included medical aid, educational expenses, and day-to-day expenses. I am very grateful to the High Court for assisting me in this matter and collecting the significant state’s decision.

Assistance with an Appeal to the High Court, Supreme Court of Appeal or the Constitutional Court

Should you require assistance with an appeal to the high court, Supreme Court of Appeal, or constitutional court, feel free to contact the firm of Adv. Muhammad Abduroaf.