Father battles for 3 years to finally see his child. This he did with the help of a social worker, lawyer and the court. He now has regular contact to his child.
Custody, Contact and Guardianship are parental responsibilities of all parents. Once the child is born, both parents not only have a right but a duty to form part of a child’s life. This is also the right of the child. Therefore, a parent cannot deny the other parent from exercising his or her parental responsibilities and rights. The Courts have a duty to ensure that a child’s best interests are met when approached. It is therefore of paramount importance that parents ensure that parental responsibilities and rights are exercise and enforced where necessarily. This includes the responsibility of paying child maintenance. Before we head into the article, let us first outline what the law says on the parental responsibilities of parents. In the end, we will deal with the law regarding the inclusion of a father’s name on the child’s birth certificate. Read further to what the Children’s Act 38 of 2005 says about parental responsibilities and rights. You can skip this section by clicking here.

The Children’s Act 38 of 2005

Section 18 of the Children’s Act 38 of 38 2005 states the following: “(1) A person may have either full or specific parental responsibilities or rights in respect of a child. (2) The parental responsibilities and rights that a person may have in respect of a Child, include the responsibility and the right- (a) To care for the child; (b) To maintain contact with the child; (c) To act as guardian of the child; and (d) To contribute to the maintenance of the child. (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must (a) Administer and safeguard the child’s property and property interests; (b) Assist or represent the child in administrative, contractual and other legal Matters; or (c) Give or refuse any consent required by law in respect of the child, including- (I) consent to the child marriage (ii) Consent to the child adoption; (iii) Consent to the child departure or removal from the Republic; (iv) Consent to the child application for a passport; and (v) Consent to the alienation or encumbrance of any immovable property of the child. (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c).” [ps2id id=’care-id’ target=”/]

Father’s right to his child

If you are a parent and confronted with a situation where you are denied rights to your child; read on. Notwithstanding this article has been written in relation to the rights of a father; a mother can find it useful too. Mike was a typical office worker, age 25. He lived with his parents and was studying part-time to earn his teaching degree. This is where he met Mary, on a Saturday morning, when visiting the campus library. She was in her final year of medicine. One thing led to another and 6 months later, Mary fell pregnant. Marry came from a wealthy family. Her father was a businessman and her mother a psychology professor. What’s more, Mary was the only child. When her parents found out who the father was, they forbid her to see him. According to them, he was unworthy of their daughter. Read on to find out the meaning of Care and Contact as provide for in the Children’s Act 38 of 2005. You can skip this section by click here.

Meaning of Care

The Children’s Act 38 of 2005 defines care as follows: Care in relation to a child, includes, where appropriate- (a) Within available means, providing the child with- (i) a suitable place to live; (ii) Living conditions that are conducive to the child’s health well-being and development; and (iii) The necessary financial support; (b) Safeguarding and promoting the well-being of the child; (c) protecting the child from maltreatment, abuse, neglect, degradation, discrimination, exploitation and any other physical, emotional or moral harm or hazards; (d) respecting, protecting, promoting and securing the fulfilment of, and guarding against any infringement of, the child rights set out in the Bill of Rights and the principles set out in Chapter 2 of this Act; (e) guiding, directing and securing the child education and upbringing, including religious and cultural education and upbringing, in a manner appropriate to the child age, maturity and stage of development; guiding, advising and assisting the child in decisions to be taken by the child in a manner appropriate to the child age, maturity and stage of development; (g) Guiding the behaviour of the child in a humane manner; (h) Maintaining a sound relationship with the child; (I) accommodating any special needs that the child may have; and (j) Generally, ensuring that the best interests of the child is the paramount Concern in all matters affecting the child;

Contact

According to the Children’s Act 38 of 2005, contact means the following: Contact in relation to a child, means- (a) Maintaining a personal relationship with the child; and (b) If the child lives with someone else- (I) communication on a regular basis with the child in person, including- (AA) visiting the child; or (Bb) being visited by the child; or (ii) Communication on a regular basis with the child in any other manner, Including- (AA) through the post; or (Bb) by telephone or any other form of electronic communication; [ps2id id=’care2-id’ target=”/]

The Pregnancy

Mike tried very hard to find out how the pregnancy was going along. All cell phone calls were blocked and he was refused access to Mary’s home. He felt obligated to make some type of contribution towards the gynaecological and other medical expenses. He spoke to his family about the situation, and they too were very stressed out. This would be the first grandchild and experienced a profound sense of responsibility. They met Mary once and liked her very much. She was smart, pretty and easy going. They then consulted with a family lawyer. The advice was to wait until the child was born and then to enforce parental responsibilities and rights. The lawyer, however, wrote a letter to Mary saying that Mike wants to be part and parcel of the child’s life, even before the birth. Furthermore, Mike wants to contribute towards the medical expenses incurred thus far and any future expenses. Needless to say, the letter was ignored. The Lawyer then advised that they wait until the child was born and then enforce his parental responsibilities and rights.

The Birth and Registration

Obviously, Mike was not at the birth of his child. That saddened him very much. Mike then found out through a friend of Mary that she gave birth to a healthy baby boy. The name Mary gave him was Mark. That was great news for Mike. His parents were also very happy. When Mary registered Mark at the Department of Home Affairs, she did not stipulate that Mike was the father. As Mike thus far did not spend any money on the birth or on his son, he opened an investment account where he deposited money into each month.

Lawyer’s Letter

Mike then set up a meeting with his lawyer. He explained to him that he wanted to see his son, who was almost 2 months old. The lawyer knew this was a sensitive matter, in that nothing was known about the current circumstances of Mary and Mark. They needed to approach this matter very delicately. All that Mike wanted at this stage was to see his son. The lawyer then wrote a letter to Mary asking that his client, Mike, could see Mark for a few minutes at a convenient place and time for Mary. The lawyer made use of the office of the Sheriff to serve the letter to ensure that Mary receives it. On receipt of the latter, Mary showed it to her father. Her father then met with his lawyer. They replied to the letter advising that Mary wants nothing to do with Mike. According to them, it would not be in the child’s best interests for Mike to make any contact with him. They advise that should Mike persist in wanting to meet with Mark, they are instructed to launch an application to the court for harassment.

Legal Advice

Mikes’ lawyer then again advised him of his rights. The difficulty that he had was he knew nothing about the personal circumstances of Mary and Mark. All he knew was that Mark was about 4 months old, living with Mary and her parents. He did not know whether Mary was working or studying, whether Mark was being breastfed and so on. It is therefore difficult to enforce one’s rights, or demand for rights to be enforced under those circumstances. Mike’s lawyer then recommended that a social worker is approached for advice and support on this matter. It is possible that the social worker could mediate the matter.

Social worker

When Mike met with the Social worker he told her everything he knew about Marry and Mark. However, information after the birth of Mark was limited. Basically, all he knew was that he was a boy. He did not even know his son’s date of birth. The Social worker appreciated the sensitivity of the matter. She agreed that due to not knowing what the actual circumstances were, the way forward is challenging. Although Mike is the father of Mark and has parental rights, that should not be enforced without considering Mark’s best interests. The Social worker then agreed that she will try to contact Mary. She sends Mary a letter advising her that she was instructed by Mike to arrange contact between him and his son. Needless to say, Mary did not reply to the letter. The Social worker subsequently decided to call Mary. Mary answered and said she doesn’t want to speak to the social worker and that she must leave her alone. The Social worker then met with Mike and his lawyer, and they concluded that the only way forward was to ask for the help of the Court.

The Court Application

Mikes lawyer then drafted an Urgent Application to the Western Cape High Court. The relief requested was for reasonable supervised contact until Mark is a year old, and then unsupervised contact. What was also requested, was an Order that the Office of the Family Advocate investigates the matter and provide a report to the Court? The Application was filed and served on Mary. Needless to say, she appointed attorneys to oppose the application. Mary submitted an opposing affidavit. Her argument was that Mark does not know his father, and it would be best that he only has contact when he is considerably older. But for now, contact rights should be suspended. Mike obviously replied with a replying affidavit.

First High Court hearing date

On the hearing date, the Court played it safe. The Judge first wanted the Office of the Family Advocate to intervene and provide a report for the Court to consider. Mike’s advocate did not argue with the Judge on this point. The matter was then postponed for a period of 3 months for the report.

Family Advocate’s Report

On the return date, the Court had before it the report of the Office of the Family Advocate. They consulted with Mike and Mary, and it so happens, they came to an agreement regarding phased in contact rights. It was agreed that contact would be exercised at her home, once a week for the first 2 months. Thereafter contact would be every week until Mark is a year old. Once he turns 1, Mike would be able to take Mark with to his home for a period of 4 hours. Further contact would then be relooked at once Mark is 2 years old. At this point, overnight contact may be considered.

Child Maintenance

Mike also offered to pay child maintenance and put Mark on his medical aid as a beneficiary. Mary was happy to hear this as she was the one who solely supported Mark. Her parents were getting fed-up with all the expenses involved.

Next High Court date

The Judge was very happy that the parties came to an agreement. She subsequently made the agreement and Order of Court. According to the report, Mike met Mark at the Office of the family advocate and spent about a half an hour with him. The report also stated that Mike visited Mark at Mary’s home and bonded. Therefore, according to the Court, this was the best type of arrangement as the parties drafted their own agreement. If they did not settle the matter, the Court could make an Order, which both parties may be unhappy with or unwilling to implement. The Court, therefore, made the settlement agreement an Order of Court.

Father’s name on the birth’s registry

Mike exercised contact as per the High Court Order. When he requested Mark’s birth certificate in order to put him on his Medical Aid Scheme, he noticed his name was not on it. Mike then approached the Department of Home Affairs for a change of the birth records. Mary co-operated and the changes were made. Mike was now mentioned as the father on Marks’s birth certificate.

This is the law applicable

Section 11 of the Births and Deaths Registration Act 51 of 1992 Section 11 of the Births and Deaths Registration Act 51 of 1992 deals with the amendment of birth registration of a child born out of wedlock. An extract of the Act is as follows: Amendment of birth registration of child born out of wedlock (1) Any parent of a child born out of wedlock whose parents married each other after the registration of his or her birth, may, if such child is a minor, or such child himself or herself may, if he or she is of age, apply in the prescribed manner to the Director-General to amend the registration of his or her birth as if his or her parents were married to each other at the time of his or her birth, and thereupon the Director-General shall, if satisfied that the applicant is competent to make the application, that the alleged parents of the child are in fact his or her parents and that they legally married each other, amend the registration of birth in the prescribed manner as if such child’s parents were legally married to each other at the time of his or her birth. (2) If the parents of a child born out of wedlock marry each other before notice of his or her birth is given, notice of such birth shall be given and the birth registered as if the parents were married to each other at the time of his or her birth. (3) … (4) A person who wishes to acknowledge himself to be the father of a child born out of wedlock, may, in the prescribed manner, with the consent of the mother of the child, apply to the Director-General, who shall amend the registration of the birth of such child by recording such acknowledgement and by entering the prescribed particulars of such person in the registration of the birth of such child. (4A) An amendment of the particulars of a person who has acknowledged himself as a father of a child as contemplated in subsection (4) and section 10(1)(b) of the Act shall be supported by the prescribed conclusive proof of that person being the father of the child. (5) Where the mother of a child has not given her consent to the amendment of the registration of the birth of her child in terms of subsection (4), the father of such a child shall apply to the High Court of competent jurisdiction for a declaratory order which confirms his or her paternity of the child and dispenses with the requirement of consent of the mother contemplated in subsection (4). (6) When the court considers the application contemplated in subsection (5) the provisions of section 26(b) of the Children’s Act shall apply.

In conclusion

Although Mike and Mary never became a couple again, they learned to accept the reality of their situation and tried to make the best of it. If there were any issues, they always referred back to the Order the Court made. Even though it took Mike almost 3 years to obtain regular contact, he says it was worth it.

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Posted on 11 February 2025 by Telelaw

Father battles for 3 years to finally see his child. This he did with the help of a social worker, lawyer and the court. He now has regular contact to his child. Custody, Contact and Guardianship are parental responsibilities of all parents. Once the child is born, both parents not Continue Reading

The prohibition of wearing headscarves for females at work and places of learning despite religious convictions and the Supreme Law of the Republic of South Africa – The Constitution.
What practical use is the fundamental right to freedom, when you are not free to be free? What practical use is the fundamental right to practice one’s universally recognised religion, but you are told not to do so by your employer or educator? Is brilliant legislation and policies meticulously crafted, framed and inked with scented oils onto canvas, of any practical worth, if it merely serves as an apparent reference, but not to be rigorously enforced and revered? This informative article has been undoubtedly inspired by the civil matter between Major Fatima Isaacs and the South African National Defence Force. Major Isaacs is facing possible dismissal for resolutely refusing to surreptitiously remove her hijab (headscarf) after being commanded to do so. What you will be reading does not deal with the latter case per se. However, in order to naturally keep it evergreen, it deals with the fundamental Constitutional principles at play.
Does the Constitution adequately protect one from religious oppression?
Is forcing someone to act directly contrary to his or her religious beliefs and moral convictions, not a grave form of oppression? Now, does the law, independent judiciary, and the modern state, actually adequately protect and rigorously enforce the civil rights of women to sufficiently cover their heads with a headscarf due to their religious tenants and convictions? May a female be forced to remove it, if such action would mean she is acting contrary to her religion and convictions, despite our Constitution? Hence, what does our Constitution state? With Thursday passed being the 10th observed anniversary of Nelson Mandela International Day, we naturally thought it opportune to gently tap into the modest wealth of knowledge of Advocate Muhammad Abduroaf, an advocate of the High Court of South Africa. He holds a Master of Laws Degree (LL.M) in Constitutional Litigation and weathered with over a decade and a half of successful litigation experience. Read on and find out what he has to say on the constitutional issue raised and enjoy him journeying us through the past.
What does Advocate Muhammad Abduroaf have to say on religious rights?
Advocate Muhammad Abduroaf: Sometimes, to adequately understand the present, one needs to sufficiently know the historic past. South Africa was plagued with racial discrimination in the dark challenging past. Its era formally began in the late 1940s when the National Party came into power. However, laws intentionally discriminating against non-whites were in existence prior to that. Laws were arrogantly created which directly afforded certain racial groups superiority and social dominance over others, in various facets of ordinary life. This can be illustrated by the following:
Various population groups were created. You would be classified as white, black, Indian coloured, etc.;
The use of public services and civic amenities was ethnically based on the distinctive colour of your skin. Hence certain beaches were reserved for fair-skinned people, and you could not sit (or stand) anywhere on a bus if you were of a darker shade;
Depending on the colour of your skin, you could only work in a certain industry. Unmistakably, certain racial groups would be capable of better empowering themselves;
If you were classified as being white, you would be lawfully entitled to the best of state provided education;
Mixed marriages were prohibited as well as extramarital sex between white and black people;
Your skin colour would instantly determine the private land you may rightfully own and where you may live;
Pass laws were rigorously enforced; and
Presidential elections were undoubtedly not free and fair.
The architects of Apartheid clearly knew what they were doing and meticulously executed their plan. One does not have to possess a doctoral degree in human rights to tacitly agree that the Apartheid laws were degrading, humiliating and a lasting disgrace to the very thread of humanity. Nonetheless, it was rigorously enforced by the courts of law, the police force, the military, and the navy, to mention a few. Naturally, the lasting legacy of apartheid still lives on in our local communities. When will this sadly end?
The birth of our Democratic Constitution and the right to freedom or religion
The demolishment of the fundamental pillars of apartheid on paper is intimately associated with the humble birth of our Constitution. We initially had the Interim Constitution of the Republic of South Africa Act 200 of 1993, which was assented to on 25 January 1994. And then we had the final Constitution of the Republic of South Africa Act 108 of 1996. Let us quote section 1 of the final Constitution: “1. Republic of South Africa The Republic of South Africa is one, sovereign, democratic state founded on the following values:
Human dignity, the achievement of equality and the advancement of human rights and freedoms.

Non-racialism and non-sexism.

Supremacy of the constitution and the rule of law.

Universal adult suffrage, a national common voters roll, regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness.”
What a wonderful piece of necessary legislation. It starkly contradicts past apartheid laws, social policies, and practices. Now the fundamental question is precisely; how supreme is it? For this, we look earnestly at Chapter 2 of the Constitution which we quote next: “2. Supremacy of Constitution This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.” What do you make of this? It does not only pronounce that racially discriminatory laws are invalid but at the same time, unconstitutional conduct is invalid as well. The section further places an obligation on the State and the general public to adhere to the spirit and letter of the Constitution. Therefore, all the Apartheid laws and practices which violated human rights are automatically invalid. On paper at least. The Bill of Rights Now we move to the social issue of civil Human rights as entrenched in our Constitution. Chapter 2 of our Constitution deals with the Bill of rights. Let us quote section 7 of the Bill: “7. Rights
This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.”
This section is a radical change from what was the law and policy of South Africa during the Apartheid regime. Due to our Constitution, Apartheid is supposed to have vanished from our law books. Now let us unpack the Bill of Rights next. Chapter 2 deals with the following rights, and more:
Equality
Human Dignity
Life
Freedom and Security of the Person
Slavery, Servitude and Forced Labour
Privacy
Freedom of Religion, Belief and Opinion
Freedom of Expression
Assembly, Demonstration, Picket and Petition
Freedom of Association
Political Rights
Citizenship
Freedom of Movement and Residence
Freedom of Trade, Occupation and Profession
Labour Relations
Environment
Property
Housing
Health Care, Food Water and Social Security
Children
Education
Language and Culture
Cultural, Religious and Linguistic Communities
Access to Information
However, for the practical purpose of this article, we shall look keenly at the right to religion. This is entrenched in section 15 of our democratic Constitution, and it eloquently states the following:
Freedom of religion, belief and opinion
Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
Clearly, considering the introductory sections of this article in relation to the Constitution, does this not mean, that you have a right to observe and practice your religion as you are required to if it does not harm anyone else? Lastly, there is the limitation clause in our Constitution. It succinctly states the following: “36. Limitation of rights
The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including

the nature of the right;

the importance of the purpose of the limitation;

the nature and extent of the limitation;

the relation between the limitation and its purpose; and

less restrictive means to achieve the purpose.

Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights.”
After carefully considering the limitation clause, it is possible for an individual’s right to exercise his or her established religion to be limited. This is precisely where the crux of this article takes us. Is it possible for a specific employer, no matter the religious convictions of the longtime employee, to intentionally limit the proper exercise of the employee’s religious rights? Under the proper scenario, it is possible. However, one would have to be very creative and gently stretch one’s mind far to find a real-life example. One scenario could be consuming an intoxicating substance based on your religious convictions whilst on security duty at work.
Commanding an employee or student not to wear a headscarf due to her religious convictions and beliefs
Promptly returning to the controversial question posed earlier on; may an employer or educator direct a female to remove her headscarf where such removal would be tantamount to a fundamental violation of her religious beliefs? At first glance, one would answer no. It would be unpermitted. It would be in violation of the employee’s right to dignity and religious practice. Accordingly, the first necessary step is established which is correctly identifying a fundamental right which is protected under the Bill of Rights. This is the right to freedom of religion. However, remember, there is a limitation clause found in section 36(1) of our Constitution referred to above. Properly applying section 36(1) of our democratic Constitution, it is comprehensible that a right to wear a headscarf is fundamental and may not be limited. The employer or educator must have very good grounds to justify the limitation of those rights. If it is due to its uniform policy, or tradition, then that is not enough. If it relates to potential life-threatening dangers that the employer, educator, employee or student and others may suffer if a headscarf is worn; then in that hypothetical scenario, limiting the right may be justified.

In conclusion

We doubt that when the Freedom Charter was adopted in 1955 and the interim constitution born, that the architects, thereof, envisioned a South Africa where a woman would be forced to remove her headscarf in violation of her religious convictions. We are certain, that should Nelson Mandela been breathing today, he would have wisely held the same convictions. To all those people who are being discriminated against due to their religion or religious beliefs and convictions in the workplace, places of learning and in public, remember, you have rights which are there to protect you. It is however up to you to make use of it.

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Posted on 11 February 2025 by Telelaw

The prohibition of wearing headscarves for females at work and places of learning despite religious convictions and the Supreme Law of the Republic of South Africa – The Constitution. What practical use is the fundamental right to freedom, when you are not free to be free? What practical use is Continue Reading

Questions posted on Live Q and A with Advocate Muhammad Abduroaf
12 questions posed when registering on www.ourlawyer.co.za/live Question 1 Western Cape I have a restraining order against the mother of my child as she harasses myself and my family. I pay my maintenance however she refuses to let me see my son. It’s been almost a year now and I have reached out to social workers as well as mediation for a parenting plan but so far, no assistance – PLEASE HELP Question 2 Kwazulu Natal Divorced since 2013. Settlement agreement in place and through the years the maintenance amount stated on that agreement has changed. This year we relocated and my daughter was given the opportunity to live with her school principal in order to finish her Gr7 year in an excellent school. Her father notified me that he will not pay her maintenance to me because she is not in my care. He has not paid it to anyone else either. He gave her pocket money and paid the school fees which has always been separate from the maintenance amount. Please advise. Question 3 Western Cape My husband has been paying maintenance for 21 years. The child does not go to school and he has a garnish order that was supposed to stop in November 2021. He went to court for 2 days an filled the paperwork but the papers were still not delivered to the mother. Can you pls give advice as to how to stop the garnish order? Question 4 Eastern Cape I have a case with my baby’s dad. He doesn’t want to pay the amount. I went to the court and when they asked him how much he will afford. He said “I don’t know”. Now he said he wants the lawyer and he’s complaining that I’m not giving the child where’s he knows very well that in his house they always drunk and fighting with his wife and he demand that his wife is the one who supposed to buy my child’s clothes. My question is it a must? Question 5 Gauteng I need a brief summary of citizenship law democracy and the constitution module. With regards to you and your family. Question 6 Western Cape Hi. We have a parenting plan in place. Note that normal drop off on every alternate Sunday is at 5pm. With school holidays it’s supposed to be 50/50 so father picks up on Friday and drops the kids the following Friday. This past school holidays. Father decided the Sunday he can’t take the kids for his school week and with me pushing back. He ended up dropping kids at my workplace at 9pm on a Sunday night. Note that I was not at work and he then dropped the kids at my parent’s place at 10pm. What can I do? Question 7 Western Cape My husband left me and our baby when she was 4 months old and went overseas. Despite asking him a million times to pay maintenance he always says he doesn’t have money but is a sales director for a big hotel group in Dubai. He has not contributed a cent to our child and I recently lost my job. What is the process of getting him or forcing him legally to pay maintenance? Question 8 Western Cape Afternoon. My daughter passed away in Feb 2021. L my daughter and M were married. M was 5 and Z 5 days. M moved in with my sister where she looked after the children. After 6 months he moved in with his mom. Now we don’t see them often. I saw them last 5 November 2021 when a social worker contacted him where he told them not to speak to him but to his lawyer. He doesn’t want to meet with me and the social worker. I would love to see them once or twice a month but he refuses. Question 9 Gauteng What do we do when the father is being denied access to the child? The mother claims her family is the one controlling the situation. The grandmother of the child was the mediator the whole time and now she has passed away. What steps should we follow to make things right? Question 10 Gauteng After 22 years my husband left me for another woman. At the time he unlawfully evicted me. I didn’t know it was against the law then. I ended up giving notice as the lease was on my name just to get to my personal and the kids’ stuff. Yet he took everything. Emptied my business account. The car that was supposed to be registered in my company name he registered behind my back in his name. This all happened 2021. End of July he disappeared. Kept on telling me because I can’t give him the original marriage certificate, I’m delaying the process. I got a lawyer but after still no summons he ended up refunding me. My eldest turned 18 last year. She just got her matric results with 3 distinctions. My youngest is turning 18 in February this year. I manage to serve him for maintenance under rule 58. He basically took my clients because of his lies. I tried to get a job again in the industry I worked for years. However, he worked in the same industry. Due to his misconduct I lost my job again when the final MIE check came back. I have been unable to find a job since then. He supplied me with stock to continue with the few clients I had left. But it’s always on his terms. Leaving me basically with income when it suits him. My eldest daughter filed her own maintenance claim. As he now sees it as a privilege if he pays for her varsity. She got a full scholarship for high school because of academic and sport. She was deputy head. I managed to get the papers signed on him in a parking lot as none of us knows where he lives. After that I am completely without income. I have moved into a house close to varsity because of all the promises that was made. Now I’m stuck with even more bills. I have never denied him to see his kids yet he has seen them at most 5 hours. And then only in a mall. How do I ensure that he assist with the necessary? I have no income and the amount he pays depends on the day. I also applied for loans purely for business use. To increase stock. He took all the stock as well yet I’m now stuck with all the loans. Again. No fix income. Any advice that can help me be ready as I’m due in court on the 20th of Jan 2022. He strongly believes that he no longer needs to pay maintenance once they turn 18. As it is, he stopped the eldest pocket money as she is an adult now. Please any advice would be much appreciated. Thank you know he has the money. Question 11 Western Cape Maintenance order that I want to contest. As my ex-wife was working whilst we were married. Now that we are divorced for 3 and half years and I moved on she still living with my mother in a second dwelling as property is huge. When I got married last year September, she went ballistic as I’m not living there right now I make it my responsibility to get up at 6 am and go fetch in the morning for school when my ex leaves at 630 am or when she works from home I still do it. So i don’t have access to my child when it concerns my weekend with him. I’m blocked by him and her as his WhatsApp messages is link to her phone I have absolutely no rights in this settlement as I paid maintenance but cannot have access to my child knowing that she listening in on our conversation. This Christmas had no access she took him away with no consent as always even now never saw him since last year 23 December. Question 12 Gauteng Good day. The father of my children refuses to pay maintenance for December. I asked.

Posted on 11 February 2025 by Telelaw

Questions posted on Live Q and A with Advocate Muhammad Abduroaf 12 questions posed when registering on www.ourlawyer.co.za/live Question 1 Western Cape I have a restraining order against the mother of my child as she harasses myself and my family. I pay my maintenance however she refuses to let me Continue Reading

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Pinetown.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Pinetown
Whether you claim child maintenance in Pinetown, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Pinetown.
The maintenance scenario – Pinetown South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
The Child is seven years old and attends school in Pinetown
The child is cared for by the mother who works in Pinetown
The mother works and earns a Salary of R 10 000
The father sees the child every second weekend. He also lives and works in Pinetown
The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
The father earns a reasonable salary and can afford the R 20 000 – 00 per month
The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Pinetown, it would be the maintenance court in Pinetown. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Pinetown, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Pinetown Maintenance Court?
Once you have been notified of the maintenance court date by the Pinetown Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Pinetown?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Pinetown Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Pinetown Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Pinetown, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Pinetown. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty Continue Reading

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

Family law legal matters can be very stressful. This is so whether you live in Phalaborwa 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 Phalaborwa. 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 Phalaborwa or any other city in South Africa.
What to do before visiting the Phalaborwa Children’s Court
Before you approach the Children’s Court in Phalaborwa, 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. Phalaborwa 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 Phalaborwa 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 Phalaborwa Children’s Court
The Phalaborwa Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Phalaborwa 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 Phalaborwa 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 Phalaborwa.
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 Phalaborwa Children’s Court
Once you complete the Form A and submit it to the Clerk of the Phalaborwa 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 Phalaborwa 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 Phalaborwa Children’s Court
Once the Phalaborwa 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 Phalaborwa 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, Phalaborwa, 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 Phalaborwa Children’s Court Family law legal matters can be very stressful. This is so whether you live in Phalaborwa 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 Randfontein Children’s Court

Family law legal matters can be very stressful. This is so whether you live in Randfontein 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 Randfontein. 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 Randfontein or any other city in South Africa.
What to do before visiting the Randfontein Children’s Court
Before you approach the Children’s Court in Randfontein, 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. Randfontein 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 Randfontein 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 Randfontein Children’s Court
The Randfontein Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Randfontein 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 Randfontein 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 Randfontein.
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 Randfontein Children’s Court
Once you complete the Form A and submit it to the Clerk of the Randfontein 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 Randfontein 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 Randfontein Children’s Court
Once the Randfontein 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 Randfontein 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, Randfontein, 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 Randfontein Children’s Court Family law legal matters can be very stressful. This is so whether you live in Randfontein or any other city in South Africa. Especially so if you Continue Reading

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Pretoria?
A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Pretoria, the law applicable would be the same throughout South Africa.
Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case:
Experience and Expertise:
Specialization in family law, particularly child custody cases.
Proven track record of successfully handling similar cases.
Knowledge of Family Law:
In-depth understanding of family law.
Awareness of recent legal developments and changes in family law.
Communication Skills:
Effective communication skills to clearly articulate your case in court.
Ability to negotiate and mediate to reach favourable settlements.
Compassion and Empathy:
Understanding and empathy towards the emotional challenges involved in child custody disputes.
Ability to provide emotional support to clients during a difficult time.
Strategic Thinking:
Ability to devise a strategic legal approach tailored to the unique aspects of your case.
Forethought and anticipation of potential challenges.
Availability and Responsiveness:
Prompt responses to client inquiries and concerns.
Availability for meetings, court appearances, and consultations.
Client Reviews and References:
Positive reviews from previous clients.
Recommendations from colleagues or other legal professionals.
Ethical Conduct:
Adherence to professional and ethical standards.
Transparent and fair billing practices.
Courtroom Experience:
Comfort and confidence in a courtroom setting.
Skillful presentation of arguments and evidence.
Resourcefulness:
Resourcefulness in finding legal precedents and utilizing available resources to strengthen the case.
Problem-Solving Skills:
Creative problem-solving skills to navigate complex family dynamics and legal issues.
Custody and Visitation Knowledge:
In-depth knowledge of various custody arrangements and visitation schedules.
Ability to advocate for the best interests of the child.
What should you consider when meeting with a family law attorney or advocate?
When looking for a great child custody lawyer, it’s essential to schedule consultations, discuss your case, and assess whether the lawyer, attorney, or advocate possesses the qualities and skills that align with your needs and goals. Additionally, consider seeking recommendations from trusted friends, family members, or other legal professionals. Finding the best child custody lawyer involves thorough research, careful consideration of your specific needs, and evaluation of the lawyer’s qualifications. Here are some steps you can take to find the right child custody lawyer for your situation:
Define Your Goals and Needs:
Clearly identify your goals and priorities in the child custody case.
Determine the specific services you need from a lawyer, such as legal representation, mediation, or collaborative law.
Research Local Family Law Attorneys:
Use online legal directories and referral services to identify family law attorneys or Trust Account Advocate in your area.
Seek recommendations from friends, family, or colleagues who have gone through similar situations.
Check Credentials and Specialization:
Look for lawyers who specialize in family law and, more specifically, child custody cases.
Check their credentials, education, and any certifications related to family law.
Read Reviews and Testimonials:
Read online reviews on legal review websites, social media, or the lawyer’s own website.
Consider testimonials from previous clients to gauge the lawyer’s reputation and success rate.
Consult with Multiple Lawyers:
Schedule consultations with several child custody lawyers to discuss your case.
Prepare a list of questions to ask during the consultation, covering topics such as experience, approach to cases, and expected outcomes.
Evaluate Communication Skills:
Assess the lawyer’s communication style and whether you feel comfortable discussing your case with them.
Ensure that the lawyer listens actively and provides clear explanations of legal processes.
Consider Experience:
Inquire about the lawyer’s experience in handling child custody cases similar to yours.
Ask about their success rate and outcomes in past cases.
Review Legal Fees:
Discuss the lawyer’s fee structure during the consultation.
Clarify billing practices, retainer fees, and any additional costs associated with your case.
Check Disciplinary Records:
Verify the lawyer’s standing with the Legal Practice Council of South Africa.
Check for any disciplinary actions or complaints against the lawyer.
Seek Second Opinions:
If you have initial concerns or uncertainties, consider seeking a second opinion from another attorney or advocate.
Compare advice and recommendations from multiple sources.
Trust Your Instincts:
Pay attention to your instincts and gut feelings about the lawyer.
Choose a lawyer you feel comfortable working with and who understands your unique situation.
Negotiation and Mediation Skills:
Assess the lawyer’s ability to negotiate and mediate, especially if you prefer an amicable resolution.
Remember that finding the best child custody lawyer is a personalized process, and the right fit for one person may not be the best for another. Take the time to thoroughly research and evaluate potential lawyers to make an informed decision based on your specific needs and circumstances.
We service clients in all cities: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Posted on 11 February 2025 by Telelaw

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Pretoria? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases Continue Reading

Types of domestic violence
It is a sad state of affairs to find that woman and children are the most vulnerable targets when it comes to domestic violence and abuse. How do we put an end to this vicious cycle? There have specific laws that have been implemented for protection against such vile acts. Unfortunately, many victims are too ashamed and fearful of taking the steps to protect themselves against domestic violence and abuse. [caption id="attachment_4416" align="alignleft" width="300"] Call our law offices on: 0211110090 Email: [email protected][/caption] Often, we mistake domestic violence as only physical and this is not the case. Below are some brief examples of the different types of domestic violence and abuse:
Control
Physical
Emotional and Domination
Verbal Abuse
Economic Abuse
Physiological Abuse
Do you think you fall into one of these categories? Then it’s time you approach your family legal expert and find out how you can protect yourself and your children. Call our law offices on 021 424 3487 for an online appointment for a professional legal consultation today.

What causes domestic violence?

There are many reason why people find themselves in abusive homes and relationships. The need to control the other party is often caused by a low –esteem, inferior complexes, personal beliefs, jealousy and so forth. [caption id="attachment_4418" align="alignleft" width="300"]

Call our law offices on: 0211110090 Email: [email protected][/caption] During our years of dealing with domestic violence, we have found each circumstance to be unique within their own and found in some cases that traditional beliefs also factors in. Some people may believe that woman aren’t equal to men coupled with their own stereotypical ideas. For some helpful information on domestic violence, simply click on the links below:

We are conveniently situated at The Pinnacle, corner of Strand and Burg Street in the CBD, Cape Town, South Africa. Make use of our online appointment system which is efficient and stress free. Call our offices for an online appointment today. How does the Domestic Violence Act protect citizens? The Domestic Violence Act 116 or 1198, was introduced to afford woman the right to protect themselves by which they can enforce their rights legally if they fear for their life. The Act highlights that domestic violence is a serious offense and should be taken serious. [caption id="attachment_4419" align="alignleft" width="300"]

Call our law offices on: 0211110090 Email: [email protected][/caption] Victims of domestic violence, woman and children that is, can now stand up for themselves by virtue of a protection order or restraining order. Perpetrators can also face imprisonment as the Act recognizes domestic violence is a serious crime. Arrange for an online appointment for a professional legal consultation today and have the legal expert explain to you in context how your legal rights can be executed. Connect with us today!

Posted on 11 February 2025 by Telelaw

Types of domestic violence It is a sad state of affairs to find that woman and children are the most vulnerable targets when it comes to domestic violence and abuse. How do we put an end to this vicious cycle? There have specific laws that have been implemented for protection Continue Reading

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.
Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference.
Expertise and Specialisation
One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.
Personalised Approach
We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.
Commitment to Excellence
At Advocate Muhammad Abduroaf, excellence is not just a goal – it’s our standard. We are committed to providing our clients with the highest quality legal services, characterized by thorough research, meticulous attention to detail, and strategic thinking. Our track record of success speaks for itself, with numerous satisfied clients who have benefited from our dedication to excellence.
Responsive and Accessible
Legal matters can be stressful and overwhelming, so we prioritise responsiveness and accessibility. Our team is readily available to address your questions, concerns, and needs throughout your case. Whether you prefer to communicate via phone, WhatsApp, email, or in-person meetings, we are here to provide you with the support and guidance you need when you need it.
Cost-Effective Solutions
Legal representation shouldn’t break the bank. That’s why we are committed to providing cost-effective solutions that deliver value for our clients. We offer transparent billing practices and strive to minimise unnecessary expenses wherever possible, ensuring you receive top-notch legal services without the hefty price tag.
Ethical and Professional Conduct
Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:
Tel.: 021 111 0090
Email.: [email protected]
We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Posted on 11 February 2025 by Telelaw

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you. Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal Continue Reading

Child custody legal advice and services
Child custody is a complex legal matter as it involves a number of factors to consider when handling a child custody case. Judging from our years of experience, we found that the parents involved often lose track of the bigger picture while emotions override. At our law offices, our job is to help parties involved keep a level head form a legal perspective and guide them as to what will be the best way forward. Sometimes a matter has been blown out of proportion while the parties involved often expect us to perform miracles – this is not how it works in the world of law. We have found that executing our legal expertise can become a very complicated ordeal when there is little co-operation. It is however, essential to highlight that the main responsibility of the family legal expert is to advise and guide you with the best way forward from a legal standpoint.

The Children’s Act 38 of 2005 – child access to grandparents

In doing so, we have constructed a number of family legal articles containing free, expert legal advice. We have used the common issues potential clients come to us with, as a guide as to what address in these articles. For instance, we had a legal a matter in which the grandparents wanted to know what their chances are in gaining custody over their grandchild. The family legal expert then stated the following using the Children’s Act 38 of 2005:

The Children’s Act 38 of 2005

The Children’s Act is the main piece of legislation dealing with matters concerning children. Section 2 of the Children’s Act deals with its objective. Reading it would give you some type of understanding regarding the Act. It is quoted as follows: “2 Objects of Act The objects of this Act are- (a) to promote the preservation and strengthening of families; (b) to give effect to the following constitutional rights of children, namely- (i) family care or parental care or appropriate alternative care when removed from the family environment; (ii) social services; (iii) protection from maltreatment, neglect, abuse or degradation; and (iv) that the best interests of a child are of paramount importance in every matter concerning the child; (c) to give effect to the Republic’s obligations concerning the well-being of children in terms of international instruments binding on the Republic; (d) to make provision for structures, services and means for promoting and monitoring the sound physical, psychological, intellectual, emotional and social development of children; (e) to strengthen and develop community structures which can assist in providing care and protection for children; (f) to protect children from discrimination, exploitation and any other physical, emotional or moral harm or hazards; (g) to provide care and protection to children who are in need of care and protection; (h) to recognise the special needs that children with disabilities may have; and (i) generally, to promote the protection, development and well-being of children.” As you can see, the Children’s Act’s object is very extensive, focused solely in the interests of the child. Now let us look at what does it say about the best interests of a child. For more information on this article, see Our only daughter is deceased. Can the Court give us sole custody and guardianship over our only grandchild, even if the father is still alive? What does the law say? Call our law offices on 021 424 3487 and have an appointment made online for you by our friendly receptionist today!

Grounds for full custody – child access, child maintenance and divorce

When it comes to child custody grounds, there are different variables at play. Most times, if the one parent happens to be unstable, the grounds for custody will lean more strongly towards the other parent, understandably so. Having said that, a child access matter will have issues of visitation rights, divorce, child maintenance and drafting of parenting plans. These all go hand in hand when dealing with child custody. Enjoy some of our free, expert legal advice articles below which could be of help for your when it comes to child custody legal matters. Call our law offices on 021 424 3487 and have an appointment made online for you by our friendly receptionist today!

Legal advice articles – child custody, parenting plans and divorce

The articles below have been well crafted by the legal expert himself for your convenience:

Do feel free to visit our frequently asked questions page on child custody in which you can gain some clarity on the matter. Connect with us today and have an appointment made online for you!

Posted on 11 February 2025 by Telelaw

Child custody legal advice and services Child custody is a complex legal matter as it involves a number of factors to consider when handling a child custody case. Judging from our years of experience, we found that the parents involved often lose track of the bigger picture while emotions override. Continue Reading

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