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Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Musina Children’s Court

Family law legal matters can be very stressful. This is so whether you live in Musina or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.
This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Musina. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Musina or any other city in South Africa.
What to do before visiting the Musina Children’s Court
Before you approach the Children’s Court in Musina, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Musina has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Musina Children’s Court for assistance.
TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.
Approaching the Musina Children’s Court
The Musina Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Musina Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.
Once you arrive at the Musina Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.
In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:
PART A: PARTICULARS OF CHILD(REN)
PART B: PARTICULARS OF CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON ACTING IN THE INTEREST OF THE CHILD/ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
PART D: PARTICULARS OF MATTER
In part D, the following is stated which you need to provide in the form:
Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
Documents: Are there any documents relating to the matter? (If so please attach)
Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Musina.
TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.
Processing your Application at the Musina Children’s Court
Once you complete the Form A and submit it to the Clerk of the Musina Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.
TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.
Appearing in the Musina Children’s Court
When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:
Get a social worker involved in the matter;
Appoint a legal representative for the minor child;
Implement interim care and contact arrangements;
Having the parties attempt to agree on a parenting plan;

In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.
TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.
Finalising the matter in the Musina Children’s Court
Once the Musina Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.
TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.
The above Musina Children’s Court Application tips should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Musina, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Musina Children’s Court Family law legal matters can be very stressful. This is so whether you live in Musina or any other city in South Africa. Especially so if you Continue Reading

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Pietermaritzburg Children’s Court

Family law legal matters can be very stressful. This is so whether you live in Pietermaritzburg or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.
This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Pietermaritzburg. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Pietermaritzburg or any other city in South Africa.
What to do before visiting the Pietermaritzburg Children’s Court
Before you approach the Children’s Court in Pietermaritzburg, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Pietermaritzburg has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Pietermaritzburg Children’s Court for assistance.
TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.
Approaching the Pietermaritzburg Children’s Court
The Pietermaritzburg Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Pietermaritzburg Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.
Once you arrive at the Pietermaritzburg Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.
In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:
PART A: PARTICULARS OF CHILD(REN)
PART B: PARTICULARS OF CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON ACTING IN THE INTEREST OF THE CHILD/ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
PART D: PARTICULARS OF MATTER
In part D, the following is stated which you need to provide in the form:
Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
Documents: Are there any documents relating to the matter? (If so please attach)
Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Pietermaritzburg.
TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.
Processing your Application at the Pietermaritzburg Children’s Court
Once you complete the Form A and submit it to the Clerk of the Pietermaritzburg Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.
TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.
Appearing in the Pietermaritzburg Children’s Court
When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:
Get a social worker involved in the matter;
Appoint a legal representative for the minor child;
Implement interim care and contact arrangements;
Having the parties attempt to agree on a parenting plan;

In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.
TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.
Finalising the matter in the Pietermaritzburg Children’s Court
Once the Pietermaritzburg Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.
TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.
The above Pietermaritzburg Children’s Court Application tips should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Pietermaritzburg, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Pietermaritzburg Children’s Court Family law legal matters can be very stressful. This is so whether you live in Pietermaritzburg or any other city in South Africa. Especially so if you Continue Reading

Best advice on finding a top divorce lawyer for your divorce case in Blouberg, Cape Town
Do you live in Blouberg, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Blouberg or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for your divorce matter that can adequately and properly advise you or handle your divorce. The advice would apply whether you live in Blouberg or anywhere else in South Africa. The issues we shall deal with are the following.
Gender of the Advocate or attorney;
Location of the Advocate or attorney;
Experience of the Advocate or attorney;
Costs of the Advocate or Attorney; and
The personality of the Advocate or Attorney.
What is the best gender of the Advocate or Attorney I need to use for my divorce? Is a male or female better?
Generally, the gender of your Advocate or Attorney should not play a role at all in a legal matter. However, depending on your background and the issues involved in your divorce, you may prefer a specific gender where you may feel more comfortable. A female who has been emotionally, physically and psychologically abused may be more comfortable with a female Attorney or Advocate. However, the same female client may prefer a male Advocate or Attorney. No more will be said on this issue.
What is the ideal office location of the Advocate or attorney? Does it have to be in Blouberg?
The location or office of your attorney or Advocate is essential if you wish to consult with them in person. It is also ideal, but not necessary, for their offices to be close to the Court where the divorce would be handled. However, many lawyers make use of correspondent lawyers for this purpose. Furthermore, location should not be an issue if you want a specific lawyer to handle your case. This is so especially seeing that people are making use of virtual meetings.
What level of experience should the Advocate or attorney have?
It is important to remember that not all legal matters require the best lawyer. If your divorce is straightforward, finding the best lawyer in the field is unnecessary. The best may be very busy and lack the time to give your case the attention it deserves. However, if your matter is complicated, then in that case, the most experienced and best lawyer out there is not warranted.
What about the Costs of an Attorney or Advocate?
For many, the costs of the Attorney or Advocate are the most crucial consideration when it comes to enlisting their services. Usually, the more experienced the Attorney or Advocate, the more they would charge. Another aspect that affects costs is the nature of the expertise of the Advocate or Attorney. If the issues in your matter are highly technical and complicated, an Advocate or Attorney with expertise and experience may charge more.
What about the personality of the Advocate or Attorney?
Many may discard the Advocate or Attorney’s personality as not important. However, it is essential to note that it may be time to change lawyers if you do not get along well with the Advocate or Attorney because of their personality. A lawyer and their client would develop a professional relationship in family law matters. This is especially so when the lawyer must discuss many personal issues regarding you, your marriage, children, finance, spouse etc. If you cannot get along well with your Attorney or Advocate, you may not divulge important information relevant to your case.
What is our best advice to a client looking for an Advocate or Attorney in a divorce matter?
Considering all the factors mentioned above, before enlisting the services of an Advocate or Attorney, ensure you enlist the right one. Do not look for the most experience or best, or the top one in family law. You may have to change lawyers if you do so and cannot afford legal bills. Therefore consider the above and any other factors that you may consider necessary when deciding on enlisting the services of an Advocate or an Attorney. Best of luck.

Posted on 11 February 2025 by Telelaw

Best advice on finding a top divorce lawyer for your divorce case in Blouberg, Cape Town Do you live in Blouberg, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound Continue Reading

Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Polokwane. Read further below about a “Bulldog Lawyer”)
Contract law is the bedrock of business and day-to-day transactions, providing a framework for parties to define their rights, obligations, and expectations. However, disputes can arise when one or more parties feel that the terms of the contract have been violated. This can apply to an employment contract, lease agreement, marriage contract, or one where you lent someone money. Even buying groceries at your local grocery is a contractual transaction. You pay, and he provides you with the goods. The list is endless.
All is good until someone violates the terms of the contract. This is where you may want to use an attorney or advocate in Polokwane. Read further below about what is referred to as a “bulldog lawyer”. If the other side is playing hardball or has a bulldog lawyer, then having a tough lawyer who takes no-nonsense is something that you must consider. Please note that the law on contractual disputes would be the same whether you live in Polokwane or any other city in South Africa.
Let us get into the theory. Navigating the complexities of contract law disputes requires a clear understanding of the legal principles and practical strategies for resolution.
Critical Elements of Contract Law are as follows:
Formation of Contract:
Before delving into disputes, it’s essential to understand how contracts are formed. A valid contract typically requires an offer, acceptance, consideration, legal capacity, and legality of purpose. Disputes may arise if any of these elements are in question. If you are entering into a high value contact, it may be best to consult with an advocate or attorney beforehand.
Types of Contracts:
Contracts can take various forms, such as express, implied, unilateral, and bilateral. Understanding the nature of the contract is crucial in determining the rights and obligations of the parties involved.
Common Contract Disputes:
Breach of Contract:
The most prevalent type of contract dispute arises from a breach. This occurs when one party fails to fulfil its obligations outlined in the contract. It could involve non-payment, incomplete performance, or failure to deliver goods or services.
Misrepresentation:
If one party makes false statements that induce another to enter a contract, it may lead to a dispute. Misrepresentation can be innocent, negligent, or fraudulent, each carrying different legal consequences.
Duress and Undue Influence:
Contracts entered under duress or undue influence may be deemed voidable. If one party was coerced or pressured into an agreement, it could lead to a dispute over the contract’s validity.
What follows are resolution strategies when it comes to contract disputes.
Negotiation:
Often, disputes can be resolved through negotiation. Parties can discuss the issues, explore compromises, and reach a mutually acceptable resolution without legal action. You should use a tough lawyer to represent you if the other side is unreasonable.
Mediation:
Mediation involves a neutral third-party facilitating discussions between the parties to help them resolve. It is a voluntary and confidential process that can be less adversarial than litigation.
Arbitration:
Arbitration is a more formal process where an arbitrator or a panel makes a binding decision after hearing both sides. It provides a faster and more private resolution compared to traditional court proceedings.
Litigation:
If all else fails, parties may resort to litigation. This involves taking the dispute to court, presenting evidence, and having a judge decide. Litigation can be time-consuming and costly, but it provides a definitive resolution.
Conclusion:
Contract law disputes are an inherent risk in business transactions, but understanding the principles and available resolution strategies can mitigate potential damage. Whether through negotiation, mediation, arbitration, or litigation, the goal is to find a fair and just resolution that upholds the integrity of the contractual relationship. As businesses continue to engage in complex transactions, a comprehensive understanding of contract law and dispute resolution mechanisms is essential for navigating the legal landscape successfully. When meeting with an advocate or attorney to assist you in your contractual dispute, discuss the above issues or factors with him or her to find out if they know what they are talking about.
What is a bulldog lawyer?
A “bulldog lawyer” is a colloquial term used to describe a lawyer (attorney or advocate) known for their aggressive and tenacious approach to legal representation. The term draws an analogy between the lawyer’s characteristics and those of a bulldog, known for its solid and determined demeanour. Bulldog lawyers are often associated with being assertive, persistent, and unwavering in pursuing their client’s interests.
Key characteristics of a bulldog lawyer may include:
Aggressiveness: Bulldog lawyers are known for their assertive and forceful advocacy on behalf of their clients. They are unafraid to challenge opponents and vigorously pursue their client’s objectives.
Tenacity:
Bulldog lawyers are persistent and determined in their legal pursuits. They may be willing to go to great lengths to achieve their client’s goals and are known for not easily giving up in the face of challenges.
Fearlessness:
Bulldog lawyers are often unafraid to take on tough cases or confront powerful adversaries. They may be known for their willingness to face complex legal battles head-on.
Advocacy Skills: Bulldog lawyers possess strong advocacy skills, including effective communication, negotiation, and litigation abilities. They can passionately argue their client’s case in court or during negotiations.
Strategic Thinking:
While aggressive, bulldog lawyers are also strategic in their approach. They carefully plan their legal strategies and tactics to achieve the best possible outcome for their clients.
It’s important to note that “bulldog lawyer” can have positive and negative connotations. On the positive side, it highlights an attorney’s dedication and commitment to their clients. On the negative side, it may suggest an overly aggressive or abrasive style that may not be suitable for all legal matters or personalities.

Posted on 11 February 2025 by Telelaw

Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Polokwane. Read further below about a “Bulldog Lawyer”) Contract law is the bedrock of business and day-to-day transactions, providing a framework for parties to define their rights, obligations, and expectations. However, disputes can arise Continue Reading

Looking for Family Legal Services in Fresnaye- 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 Fresnaye 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 Fresnaye

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 Fresnaye– 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:

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

Child Custody

Divorce and Property

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 Fresnaye

Are you residing in Fresnayeb 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 Fresnaye 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, 7^th 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 Fresnaye

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:

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!

Posted on 11 February 2025 by Telelaw

Looking for Family Legal Services in Fresnaye- 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

Relocation of a minor child from South Africa without the other parent’s consent – Is it possible?
We frequently receive inquiries from parents in South Africa who are considering relocating abroad with their minor child but lack the consent of the other parent. This situation can be complex and arises for various reasons. In some cases, the parent may have lost contact with the other parent and does not know where they are. In other instances, they might be aware of the other parent’s location but choose not to engage with them due to a strained relationship or previous negative experiences. Often, the other parent has not been involved in the child’s life for a significant period.
There is no simple yes or no for relocation without the other parent’s consent
It is essential to understand that decisions regarding relocation cannot be boiled down to a simple “yes” or “no.” Several critical factors must be evaluated before proceeding. For starters, one must determine if there is a court order in place that grants the other parent any form of guardianship rights. If such a court order exists, it could significantly impact the ability to relocate without securing consent. Another consideration is whether the parents are married to each other, and whether the other parents has parental responsibilities and rights of guardianship.
What efforts have you made to locate the other parent?
Additionally, it is crucial to investigate what efforts have been made to locate the other parent. Questions such as whether you have conducted a thorough search and tried to reach out through mutual acquaintances or even sought professional investigation services should be taken into consideration. Furthermore, understanding the reasons why the other parent is absent from the child’s life can provide insight into the potential implications of relocating without their consent. When determining whether the other parent should be informed about the proposed relocation or whether their consent needs to be obtained, the above mentioned factors are vital. If you conclude that the other parent cannot be located and there are no existing legal barriers preventing you from taking your child abroad, then there is generally no reason to stop the relocation from occurring.
Potential challenges when relocating with the minor child without the other parent’s consent
However, potential challenges may arise when it comes to leaving South Africa, particularly if the other parent’s information appears on the child’s birth certificate. Immigration officials or other authorities may raise questions about the absence of the other parent;’s consent, which could complicate the departure process. Furthermore, even after relocation, you may encounter issues surrounding consent for various activities involving your child, such as enrolment in school or medical treatment. Schools, hospitals, and other institutions often require information about the other parent and may ask for their consent, necessitating a clear explanation of your situation.
Other legal complications
Lastly, it is worth considering that the other parent could unexpectedly come forward and contest the relocation. Generally, if the other parent does not possess legal guardianship rights, their ability to dispute your decision may be limited. However, it’s wise to prepare for any potential complications that could arise. Having legal support or advice can be invaluable when navigating these intricate issues to ensure a smooth transition for both you and your child. If you require legal advise on an issue of relocation, or legal assistance, feel free to schedule a consultation with us using the link below:

Posted on 11 February 2025 by Telelaw

Relocation of a minor child from South Africa without the other parent’s consent – Is it possible? We frequently receive inquiries from parents in South Africa who are considering relocating abroad with their minor child but lack the consent of the other parent. This situation can be complex and arises Continue Reading

Looking for Family Legal Services in Heathfield- 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 Heathfield 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 Heathfield

Legal Advice in Heathfield– 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

Child Custody

Divorce and Property

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

Are you residing in Heathfield 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 Heathfield 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, 7^th 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 Heathfield

Posted on 11 February 2025 by Telelaw

Looking for Family Legal Services in Heathfield- 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

How to appeal to the Constitutional Court – Advocate Muhammad Abduroaf
A case usually commences from the Magistrate’s or High Court. If a party to the proceedings is unhappy with the outcome of the Magistrate’s Court decision, he or she will then proceed to appeal to the High Court. If, however, a case has been heard in the High Court, the Appeal would either be heard by a full-bench (usually two judges) in the High Court or the Supreme Court of Appeal would hear it. Once the Supreme Court of Appeal heard the matter and made a ruling, that would usually end it. However, a further appeal may be made to the Constitutional Court if the matter relates to constitutional rights. This Article deals with appeals to the Constitutional Court of South Africa, which has its seat in Braamfontein. Please note that although this article does not deal with it, it is also possible to make a direct application to the Constitutional Court, asking it to sit as a court of first and last instance because of the urgency of the matter or when allowed in terms of the Constitution as can be seen below. According to the website of the Constitutional Court, the contact details of the Constitutional Court is: Court Offices Director of the Constitutional Court: Tel: +27 11 359-7459 Email: [email protected] General office: of the Constitutional Court (Registrar ): Tel: +27 11 359-7468 / 7460 / 7465 / 7592 Email: [email protected]

What is a Court Appeal?

An appeal is the legal process by which a party requests a formal change to an official decision. This process usually takes place after a party is dissatisfied with a ruling made by a lower court. Appeals are made to a higher court with the intention of reviewing and potentially overturning the lower court’s decision. The purpose of an appeal is to ensure that justice is served by providing a mechanism for correcting errors made by lower courts, thereby upholding the integrity of the judicial process. Therefore, if a party is not happy with the decision of the High Court or the Supreme Court of Appeal regarding a constitutional matter, he or she would then appeal to the Constitutional Court.

The South African Court System

Section 166 of our Constitution (Act 108 or 1996) deals with our Judicial System. It states the following: Judicial system

The courts are—

(a) the Constitutional Court; (b) the Supreme Court of Appeal; (c) the High Court of South Africa, and any high court of appeal that may be established by an Act of Parliament to hear appeals from any court of a status similar to the High Court of South Africa; (d) the Magistrates’ Courts; and (e) any other court established or recognised in terms of an Act of Parliament, including any court of a status similar to either the High Court of South Africa or the Magistrates’ Courts. You will note that the Constitution places the Constitutional Court on top of the list, followed by the Supreme Court of Appeal, the High Court and the Magistrate’s Court. Seeing that this article deals with appeals to the Constitutional Court, for the sake of completeness, let us deal with the composition of the Constitutional Court. Section 167 of our Constitution states: Constitutional Court

(1) The Constitutional Court consists of the Chief Justice of South Africa, the Deputy Chief Justice and nine other judges.

(2) A matter before the Constitutional Court must be heard by at least eight judges. (3) The Constitutional Court— (a) is the highest court of the Republic; and (b) may decide— (i) constitutional matters; and (ii) any other matter, if the Constitutional Court grants leave to appeal on the grounds that the matter raises an arguable point of law of general public importance which ought to be considered by that Court, and (c) makes the final decision whether a matter is within its jurisdiction. (4) Only the Constitutional Court may— (a) decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state; (b) decide on the constitutionality of any parliamentary or provincial Bill, but may do so only in the circumstances anticipated in section 79 or 121; (c) decide applications envisaged in section 80 or 122; (d) decide on the constitutionality of any amendment to the Constitution; (e) decide that Parliament or the President has failed to fulfil a constitutional obligation; or (f) certify a provincial constitution in terms of section 144. (5) The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, the High Court of South Africa, or a court of similar status, before that order has any force. (6) National legislation or the rules of the Constitutional Court must allow a person, when it is in the interests of justice and with leave of the Constitutional Court— (a) to bring a matter directly to the Constitutional Court; or (b) to appeal directly to the Constitutional Court from any other court. (7) A constitutional matter includes any issue involving the interpretation, protection or enforcement of the Constitution. We don’t want to go into too much detail, but it is clear that the Constitutional Court is a specialist court dealing with constitutional matters, law important to the public, and issues regarding the government, as outlined above. Any decision that invalidates provincial or parliamentary legislation or any conduct of the President must be confirmed by the Constitutional Court before it has any effect.

How do you appeal to the Constitutional Court?

If your matter relates to an issue that falls within the jurisdiction of the Constitutional Court, you may appeal to it. If the Constitutional Court agrees with you, it will make a ruling in your favour. The first step would be to make the application to the Constitutional Court. Please note that the Constitutional Court has the discretion whether or not to hear a matter. An exception is where an Act of Parliament has already been declared invalid, but another Court, and the Constitutional Court is required to confirm the finding.

Rules of the Constitutional Court

The Constitutional Court has its own rules. One should consult these rules when litigating in the Constitutional Court. Relevant to this article is Rule 19, which deals with appeal process in the Constitutional Court. It states the following: 19. Appeals (1) The procedure set out in this rule shall be followed in an application for leave to appeal to the Court where a decision on a constitutional matter, other than an order of constitutional invalidity under section 172(2)(a) of the Constitution, has been given by any court including the Supreme Court of Appeal, and irrespective of whether the President has refused leave or special leave to appeal. (2) A litigant who is aggrieved by the decision of a court and who wishes to appeal against it directly to the Court on a constitutional matter shall, within 15 days of the order against which the appeal is sought to be brought and after giving notice to the other party or parties concerned, lodge with the Registrar an application for leave to appeal: Provided that where the President has refused leave to appeal the period prescribed in this rule shall run from the date of the order refusing leave. (3) An application referred to in subrule (2) shall be signed by the applicant or his or her legal representative and shall contain— (a) the decision against which the appeal is brought and the grounds upon which such decision is disputed; (b) a statement setting out clearly and succinctly the constitutional matter raised in the decision; and any other issues including issues that are alleged to be connected with a decision on the constitutional matter; (c) such supplementary information or argument as the applicant considers necessary to bring to the attention of the Court; and (d) a statement indicating whether the applicant has applied or intends to apply for leave or special leave to appeal to any other court, and if so— (i) which court; (ii) whether such application is conditional upon the application to the Court being refused; and (iii) the outcome of such application, if known at the time of the application to the Court. (4) (a) Within 10 days from the date upon which an application referred to in subrule (2) is lodged, the respondent or respondents may respond thereto in writing, indicating whether or not the application for leave to appeal is being opposed, and if so the grounds for such opposition. (b) The response shall be signed by the respondent or respondents or his or her or their legal representative. (5) (a) A respondent or respondents wishing to lodge a cross-appeal to the Court on a constitutional matter shall, within 10 days from the date upon which an application in subrule (2) is lodged, lodge with the Registrar an application for leave to cross-appeal. (b) The provisions of these rules with regard to appeals shall apply, with necessary modifications, to cross-appeals. (6) (a) The Court shall decide whether or not to grant the appellant leave to appeal. (b) Applications for leave to appeal may be dealt with summarily, without receiving oral or written argument other than that contained in the application itself. (c) The Court may order that the application for leave to appeal be set down for argument and direct that the written argument of the parties deal not only with the question whether the application for leave to appeal should be granted, but also with the merits of the dispute. The provisions of rule 20 shall, with necessary modifications, apply to the procedure to be followed in such procedures.

Procedure on appeal

Section 20 of the Constitutional Court’s Rules deals with the procedure on appeal. It is states:

Procedure on appeal

(1) If leave to appeal is given in terms of rule 19, the appellant shall note and prosecute the appeal as follows— (a) The appellant shall prepare and lodge the appeal record with the Registrar within such time as may be fixed by the Chief Justice in directions. (b) Subject to the provisions of subrule (1)(c) below, the appeal record shall consist of the judgment of the court from which the appeal is noted, together with all the documentation lodged by the parties in that court and all the evidence which may have been led in the proceedings and which may be relevant to the issues that are to be determined. (c) (i) The parties shall endeavour to reach agreement on what should be included in the record and, in the absence of such agreement, the appellant shall apply to the Chief Justice for directions to be given in regard to the compilation of the record. (ii) Such application shall be made in writing and shall set out the nature of the dispute between the parties in regard to the compilation of the record and the reasons for the appellant’s contentions. (iii) The respondent may respond to the application within 10 days of being served with the application and shall set out the reasons for the respondent’s contentions. (iv) The Chief Justice may assign the application to one or more judges, who may deal with the matter on the papers or require the parties to appear before him or her or them on a specified day and at a specified time to debate the compilation of the record. (v) The judge or judges concerned shall give directions in regard to the compilation of the record, the time within which the record is to be lodged with the Registrar and any other matters which may be deemed by him or her or them to be necessary for the purpose of enabling the Court to deal with the appeal, which directions may include that the matter be referred back to the court a quo for the hearing of additional evidence specified in the directions, or that additional evidence be put before the Court by way of affidavit or otherwise for the purpose of the appeal. (2) (a) One of the copies of the record lodged with the Registrar shall be certified as correct by the Registrar of the court appealed from. (b) Copies of the record shall be clearly typed on stout A4-size paper, double-spaced in black record ink, on one side of the paper only. (c) Legible documents that were typed or printed in their original form such as cheques and the like shall not be retyped and clear photocopies on A4-size paper shall be provided instead. (d) The pages shall be numbered clearly and consecutively and every tenth line on each page shall be numbered and the pagination used in the court a quo shall be retained where possible. (e) Bulky records shall be divided into separate conveniently-sized volumes of approximately 100 pages each. The record shall be securely bound in book format to withstand constant use and shall be so bound that upon being used will lie open without manual or other restraint. (f) All records shall be securely bound in suitable covers disclosing the case number, names of the parties, the volume number and the numbers of the pages contained in that volume, the total number of volumes, the court a quo and the names of the attorneys of the parties. (g) The binding required by this rule shall be sufficiently secure to ensure the stability of the papers contained within the volume; and where the record consists of more than one volume, the number of each volume and the number of the pages contained in a volume shall appear on the upper third of the spine of the volume. (h) Where documents are lodged with the Registrar, and such documents are recorded on a computer disk, the party lodging the document shall where possible also make available to the Registrar a disk containing the file in which the document is contained, or transmit an electronic copy of the document concerned by e-mail in a format determined by the Registrar which is compatible with software that is used by the Court at the time of lodgement, to the Registrar at: [email protected]: Provided that the transmission of such copy shall not relieve the party concerned from the obligation under rule 1(3) to lodge the prescribed number of hard copies of the documents so lodged. (i) If a disk is made available to the Registrar the file will be copied and the disk will be returned to the party concerned. Where a disk or an electronic copy of a document other than a record is provided, the party need lodge only 13 copies of the document concerned with the Registrar. (3) If a record has been lodged in accordance with the provisions of paragraphs (b) and (c) of subrule (1), the Registrar shall cause a notice to be given to the parties to the appeal requiring— (a) the appellant to lodge with the Registrar written argument in support of the appeal within a period determined by the Chief Justice and specified in such notice; and (b) the respondent to lodge with the Registrar written argument in reply to the appellant’s argument by a specified date determined by the Chief Justice, which shall be subsequent to the date on which the appellant’s argument was served on the respondent. (4) The appellant may lodge with the Registrar written argument in answer to the respondent’s argument within 10 days from the date on which the respondent’s argument was served on the appellant. (5) The Chief Justice may decide whether the appeal shall be dealt with on the basis of written arguments only. (6) Subject to the provisions of subrule (5), the Chief Justice shall determine the date on which oral argument will be heard, and the Registrar shall within five days of such determination notify all parties to the appeal of the date of the hearing by registered post or facsimile.

What are the Steps:

Within 15 days of the Order you are appealing against, lodged you Application for leave to appeal [Rule 19(2)]
Within 10 days, the Respondent is to file its Notice to Oppose the appeal and the grounds for the opposition [Rule 19(4)(a)]
The Constitutional Court would then decide whether or not to grant the leave to Appeal [Rule 19(6)(a)]
If leave to appeal is granted, the appellant shall prepare and lodge the appeal record with the Registrar [Rule 20(1)(a)]
The Chief Justice may decide whether the appeal shall be dealt with on the basis of written arguments only [Rule 20(5)]
The matter would be argued on the date provided by the Constitutional Court.

Posted on 11 February 2025 by Telelaw

How to appeal to the Constitutional Court – Advocate Muhammad Abduroaf A case usually commences from the Magistrate’s or High Court. If a party to the proceedings is unhappy with the outcome of the Magistrate’s Court decision, he or she will then proceed to appeal to the High Court. If, Continue Reading

Advocate Muhammad Abduroaf – The business, legal and fitness guru
Law, business, fitness and networking, that is what advocate Muhammad Abduroaf is all about. But let’s start with a short introduction. Those who are connected to the advocate will know he is very popular with the local running community. With having completed the Comrades Ultra Marathon and the Two Oceans Ultramarathon a few times, he is no stranger to endurance running. With that, he has completed many marathons and shorter races. Now that we got health and fitness out of the way, let’s move to the law.
The Advocate and the Law
Advocate Muhammad Abduroaf has been practicing as an advocate of the High Court of South Africa for over 15 (fifteen) years. He holds an LL.B, as well as an LL.M degree in law both from the University of the Western Cape. This University boasts one of the best law faculties in South Africa. Other than that, he advises and represents clients on an array of legal matters and issues. These ranges from corporate law, family law, to criminal law. He further argued on two (2) very important reported judgments dealing with child maintenance. Other than that, he also runs various legal and/or business advice consultancies. In doing so, he is part of making the law more accessible to all.
Advocate and Business
Advocate Abduroaf is part of various companies offering business legal services. They are listed below. For a basic service, he assists businesses with their registration, either as a private company (Pty Ltd) or non-profit company (NPC). He would even go further assisting businesses with obtaining a non-profit organisation number from the Department of Trade and Industry. Then there are the other advanced aspects. These include drafting of agreements, tax compliance, company secretarial work (Share Certificates etc). Depending on the service required, various options are available. If you want to waterproof your business or save it from drowning, he is the man to speak to.
Advocate and Networking
Advocate Abduroaf is a well-connected professional, making great use of social media and the basics that technology offers us all. This includes Facebook, Linkedin, Twitter, and Instagram. With over 27 000 Linkedin contacts and almost 5 000 Facebook friends, the advocate is a social networking guru. He knows and understands that as businesses and customer needs evolve, so should business marketing techniques and strategies. The same applies to the manner in which he provides business and legal services. You must see him in action. Continuing with networking, the advocate believes everyone has something that would benefit the next person, either in business or in life in general. Therefore, feel free to connect with the advocate on various social media platforms, and if possible, do business with him.

Consulting businesses

Should you wish to engage or connect with the advocate, you may do so via a rainbow of entities, depending on your business or personal needs. These include the following: Abduroaf Inc.: Networking Business SA (Pty) Ltd: Start up and business development Envirolaws (Pty) Ltd: Environmental Legal Consultancy Our Lawyer (Pty) Ltd: Family Law Legal Advice and Services Feel free to connect to the advocate and network with him. You may email him at [email protected] or call 0211110090

Posted on 11 February 2025 by Telelaw

Advocate Muhammad Abduroaf – The business, legal and fitness guru Law, business, fitness and networking, that is what advocate Muhammad Abduroaf is all about. But let’s start with a short introduction. Those who are connected to the advocate will know he is very popular with the local running community. With Continue Reading

International Family Law matters, applicable to South Africa
Divorces are not only limited to people living in the same country. Often, you will find that one spouse lives in South Africa and the other in a different country. They want to get divorced but do not know how to go about it. The question now is, which country and which court should divorce them? We regularly receive these types of queries from people living in the Middle East and the United Kingdom. The same problem arises in the case of parents living in different countries, but there are complications regarding contact and access to their minor children. Let’s say, one parent, lives in Cape Town and the other in Taiwan. How does the parent living in Taiwan enforce his contact rights to his child in South Africa? Does he or she approach the court in Taiwan? Or should he or she approach the Court in South Africa? And Lastly, there is an issue regarding child maintenance. What happens in the case where one parent lives in Cape Town and the other in New York? How does child maintenance work? Can the parent living in Cape Town with the children obtain a maintenance order against a parent in New York? This article will deal with the above three topics. Read on to learn more.

South Africans living abroad

South African expatriates are found all over the world. These include the following places:

The United Kingdom
United States of America
Canada
Chile
Taiwan
New Zealand
Japan
India
Brazil
China

Whatever the destination and/or location is, this article would be a useful read. Especially so if you find yourself in an international family law dispute.

We regularly receive enquiries and requests for legal advice and/or assistance from people who have a legal connection to South Africa, but do not live here. This may include an intended divorce, where one of the spouses reside in South Africa, or a child contact issue, where a parent would like to have contact with his or her child living here.

With the advances in technology, providing advice and assistance to clients abroad becomes very easy, and convenient. There is Skype, WhatsApp Video, FaceTime, to mention a few that can bridge the communication gap. But for now, let us deal with the legal issues involved and fly away with divorces.

I live in the United Kingdom, and want to divorce my spouse living in Cape Town

Many people believe that because they got married in South Africa, any court in South Africa can divorce them. Or because they lived in Cape Town, that the Western Cape High Court in Cape Town can divorce them, even though they live in London at present. That is not the case. You will see why not. The issue is that of the Jurisdictional authority of the relevant Court.

Jurisdiction of the Divorce Courts in South Africa

Section 2(1) of the Divorce Act, states the following when it comes to the Court’s Jurisdiction: “A court shall have jurisdiction in a divorce action if the parties are or either of the parties is- (a) domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or (b) ordinarily resident in the area of jurisdiction of the court on the said date and have or has been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date.”

So, as you can see, you need to have fulfilled one of those latter requirements. Therefore, if you and your spouse moved to England, to settle there, you may not get divorced in Cape Town if the marriage broke down. This is so even though your marriage took place in Cape Town and you own property there. If, however, the husband lives in England, and the wife in Cape Town and she is resident there, then the divorce is possible in Cape Town. Now let us move on to other family law related matters. We will tackle the issue of child contact next.

I live in the United States of America, and I am not allowed to have contact with my child living in Cape Town, South Africa

It often happens that parents would have a relationship and bring a child into this world. The relationship deteriorates, and one parent then moves and relocates to another country. In our experience, this is usually work related. Everything would seem to go well until the relocating parent has problems exercising contact with his or her child in South Africa. The challenge for the parent that relocated is the distance. He or she is not able to pop into the child’s home should they not answer the phone or visit the children at school should he or she not be able to get hold of them. Luckily, in this case, because the children are living in a specific province, for example, the Western Cape, the parent who relocated can have his or her attorney approach the Court locally to enforce his or her rights. So, for example, let’s say in this case, the father relocated, he can enlist the services of an attorney in Cape Town to make an Urgent Application to the Western Cape High Court for an Order for immediate telephonic, or video contact. An Application in the Children’s Court would be problematic as he would have to be present at the Court. This, of course, would not be an issue if he is willing to fly down for each of the Court hearings. The Court would then hear the matter and decide what is best for the children involved. If it would be best for them to have telephonic and/or video contact with the father on a regular basis; the court would then make the appropriate order. The party can also consider incorporating a clause which would entail the minor children traveling to him overseas.

How to claim child maintenance for my children if the other parent lives in New York

International child maintenance is always a complicated issue. This is so as the parent who is supposed to pay maintenance is out of the country. For this very reason, a parent living in South Africa will have to make use of international law.

The parent will approach the maintenance court in South Africa who in turn will approach the court in the country where the parent who is supposed to pay maintenance lives. We will not go into detail in this article on how exactly the process works. However, it basically entails a court making an order in Cape Town and then later having it registered in the foreign country. The applicable legislation is the Reciprocal Enforcement of Maintenance Orders Act 80 of 1963. The reverse also applies. Let’s say a parent lives in California and requires maintenance from a parent in South Africa. Then the same process would be applied. The parent would make an application for a maintenance order in California, and then have it registered in Cape Town. The Reciprocal Enforcement of Maintenance Orders Act 80 of 1963 would also apply to South Africa. If this is applicable to you, we advise that you approach your local maintenance court as soon as possible.

Posted on 11 February 2025 by Telelaw

International Family Law matters, applicable to South Africa Divorces are not only limited to people living in the same country. Often, you will find that one spouse lives in South Africa and the other in a different country. They want to get divorced but do not know how to go Continue Reading

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