Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Umlazi. 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
Uncategorized
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Ladysmith.
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 Ladysmith
Whether you claim child maintenance in Ladysmith, 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 Ladysmith.
The maintenance scenario – Ladysmith 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 Ladysmith
- The child is cared for by the mother who works in Ladysmith
- 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 Ladysmith
- 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 Ladysmith, it would be the maintenance court in Ladysmith. 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 Ladysmith, 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 Ladysmith Maintenance Court?
Once you have been notified of the maintenance court date by the Ladysmith 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 Ladysmith?
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 Ladysmith 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 Ladysmith 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, Ladysmith, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Ladysmith. 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 and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Alice.
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 Alice
Whether you claim child maintenance in Alice, 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 Alice.
The maintenance scenario – Alice 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 Alice
- The child is cared for by the mother who works in Alice
- 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 Alice
- 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 Alice, it would be the maintenance court in Alice. 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 Alice, 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 Alice Maintenance Court?
Once you have been notified of the maintenance court date by the Alice 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 Alice?
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 Alice 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 Alice 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, Alice, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Alice. 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 George Children’s Court
Family law legal matters can be very stressful. This is so whether you live in George 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 George. 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 George or any other city in South Africa.
What to do before visiting the George Children’s Court
Before you approach the Children’s Court in George, 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. George 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 George 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 George Children’s Court
The George Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the George 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 George 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 George.
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 George Children’s Court
Once you complete the Form A and submit it to the Clerk of the George 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 George 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 George Children’s Court
Once the George 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 George 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, George, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the George Children’s Court Family law legal matters can be very stressful. This is so whether you live in George or any other city in South Africa. Especially so if you Continue Reading
Looking for Family Legal Services in Observatory- 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 Observatory 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 Observatory
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 Observatory– Family law legal topics
For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to:- Child Maintenance
- Ante-nuptial Contact
- Change Matrimonial Property Regime
- Child Adoption
- Child Custody and Access
- Domestic Violence Protection
- Family Trust Registration
- Fast Unopposed Divorces
- Non-Compliance with maintenance orders
- Parenting Plans
- Postnuptial Contract Registration
- Pre-nikkah Agreement
And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:Child Maintenance
- How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
- Child Maintenance Question. How much should I pay or contribute as a p
- Child Support or maintenance claims. Does an unemployed father pay?
- Non-compliance with Maintenance Orders — Civil and Criminal Remedies
- Tricks and tips on how to win your child maintenance case
Child Custody
- The Law Regarding Children – The Children’s Act 38 of 2005
- Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
- How do I get full custody over my child?
- Parental Child Abuse in Custody Cases
- Relocate with minor child. Parent Refusing Consent for a Passport
- Father being refused contact to his child! What are his rights as a Father?
- Father’s Parental Responsibilities and Rights to his Child
- Urgent Access to your Children without a Lawyer
- Parenting Plans and the Law
- What happens in a custody dispute where one parent is mentally ill?
- How to win your child custody and access court case – Tips and Tricks
- Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?
Divorce and Property
- How to Change your Matrimonial Property Regime
- Do your own Unopposed Divorce. No lawyers needed and its Free.
- Parental Rights of Divorced Muslim parents after a Talaq or Faskh
- Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Observatory
Are you residing in Observatory 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 Observatory area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:- Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
- You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
- Once you call our law offices on 021Â 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 Observatory
Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:- Free Basic Will Tool Kit
- Free Shariah Will Template
- Free Divorce Starter Tool Kit
- Free Child Maintenance Calculator
- Free DIY Urgent Child Contact Toolkit
- Urgent Holiday Contact Toolkit
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021Â 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!
Looking for Family Legal Services in Observatory- Child Maintenance, Child Custody, Visitation Rights and Divorce Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close Continue Reading
Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.
Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference.Expertise and Specialisation
One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, Advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.Personalised Approach
We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.Commitment to Excellence
At Advocate Muhammad Abduroaf, excellence is not just a goal – it’s our standard. We are committed to providing our clients with the highest quality legal services, characterized by thorough research, meticulous attention to detail, and strategic thinking. Our track record of success speaks for itself, with numerous satisfied clients who have benefited from our dedication to excellence.Responsive and Accessible
Legal matters can be stressful and overwhelming, so we prioritise responsiveness and accessibility. Our team is readily available to address your questions, concerns, and needs throughout your case. Whether you prefer to communicate via phone, WhatsApp, email, or in-person meetings, we are here to provide you with the support and guidance you need when you need it.Cost-Effective Solutions
Legal representation shouldn’t break the bank. That’s why we are committed to providing cost-effective solutions that deliver value for our clients. We offer transparent billing practices and strive to minimise unnecessary expenses wherever possible, ensuring you receive top-notch legal services without the hefty price tag.Ethical and Professional Conduct
Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:- Tel.: 021 111 0090
- Email.: [email protected]
The Firm: Advocate Muhammad Abduroaf
Trust Account Advocate. Advocate Muhammad Abduroaf is a registered firm with the Legal Practice Council of South Africa. It holds offices in Cape Town. However represents clients all over South Africa. If required, he would travel out to your province to attend to you matter. Advocate Muhammad Abduroaf is a Trust Account practice, which means it may take instructions directly from members of the public. This is compared to referral advocates who may not take instructions directly from members of the public. Advocate Muhammad Abduroaf’s practice allows clients to deposit money into their Trust Account. To do so, it needs to hold a valid fidelity fund certificate, which it does. Advocate Muhammad Abduroaf may appear on its client’s behalf in all courts in the Republic of South Africa. These include the Constitutional Court, the Supreme Court of Appeal, all High Court and magistrates courts in all provinces in South Africa. The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:High Court matters
- Civil claim surrounding money;
- Interdicts;
- Divorces (Opposed and unopposed);
- Child Custody and guardianship disputes;
- Relocation of minor children;
- Various criminal matters;
- Minor children surname changes;
- Appeals and Reviews; and
- Other matters.
Magistrates Court matters
- Civil claim surrounding money;
- Various criminal matters;
- Interdicts;
- Maintenance Court matters;
- Divorces Court matters (Opposed and unopposed)’
- Children’s Court matter; and
- Other matters.
Constitutional Court
- Appeals
Supreme Court of Appeal
- Appeals and Reviews
Consult with, or Instruct Advocate Muhammad Abduroaf
If you would like to have a legal advice consultation with Advocate Muhammad Abduroaf, feel free to use the Our Lawyer online appointment form by clicking here. Should you already have consulted with Advocate Muhammad Abduroaf and wish to mandate and instruct the firm, kindly proceed with completing the mandate form using this mandate link. We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg
- Tel.: 021 111 0090
- Email.: [email protected]
Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you. Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal Continue Reading
Gay and Lesbian (Same-sex) Divorces in South Africa – How does it work?
As with any marriage, relationship or romantic partnership, there is no guarantee that it will last until death do you part. For a marriage, a divorce is what is needed if the marriage has irretrievably broken down. Much has been written on the issue of divorces in relation to heterosexual marriages where the Marriage Act find application. The same applies to customary marriages. What about same-sex, or gay and lesbian couples who are married and want to get divorced? Does the law cater for such marriages? And how are they different from heterosexual divorces. Before we deal with the dissolution aspect of a same-sex marriage, let us first deal with the validity and legality of the same-sex marriage itself.What are same-sex marriages?
This sounds like a simple question. However, without presuming too much, let us unpack the law. Here we will look at the Civil Union Act 17 of 2006. It is this Act of Parliament that made same-sex marriages legal in South Africa.Civil Union Act, 17 of 2006
According to the Civil Union Act, a “civil union” means the voluntary union of two persons who are both 18 years of age or older which is solemnised and registered by way of either a marriage or a civil partnership, in accordance with the procedures prescribed in this Act, to the exclusion, while it lasts, of all others“. Furthermore, according to the Act, a “civil union partner” means a spouse in a marriage or a partner in a civil partnership. as the case may be, concluded in terms of this Act“. From the aforementioned, it is clear that there are two types of civil unions, the one is a marriage, and the other is a civil partnership. Now let us have a look at what the legal requirements are for a gay or lesbian couple to enter into a same-sex marriage as provided for in the Civil Union Act.Requirements for solemnisation and registration of a civil union
The requirements for the solemnisation and registration of a civil union are as follows as provided for in the Act: “8. (1) A person may only be a spouse or partner in one marriage or civil partnership. ( 2 ) A person in a civil union may not conclude a marriage under the Marriage Act or the Customary Marriages Act. (3) A person who is married under the Marriage Act or the Customary Marriages Act may not register a civil union. (4) A prospective civil union partner who has previously been married under the Marriage Act or Customary Marriages Act or registered as a spouse in a marriage or a partner in a civil partnership under this Act, must present a certified copy of the divorce order, or death certificate of the former spouse or partner, as the case may be, to the marriage officer as proof that the previous marriage or civil union has been terminated. ( 5 ) The marriage officer may not proceed with the solemnisation and registration of the civil union unless in possession of the relevant documentation referred to in subsection ( 4 ). ( 6 ) A civil union may only be registered by prospective civil union partners who would apart from the fact that they are of the same sex, not be prohibited by law from as the case may be, at any given time, concluding a marriage under the Marriage Act or Customary Marriages Act.” The aforementioned clauses basically say you should not be married, and there should be no legal reason why you cannot get married.Now let us move on to the issue of divorces when it comes to gay and lesbian marriages
Should a gay or lesbian couple married in terms of the Civil Union Act wish to get divorced, the procedure is the same as would be in a marriage solemnised in terms of the Marriage Act. The legal documents, however, would be slightly different. For example, in the case of a gay marriage, where it comes to the type of civil marriage, and children, the following clauses would be inserted in the Particulars of Claim:- The parties entered into a marriage or a civil partnership; and
- There are no children of the marriage, either through adoption or surrogacy;
Otherwise, the procedure would be exactly the same, save for in a gay marriage, only the word he would be used to describe the spouse and the word she, for a lesbian couple.Contact us to assist you with your same-sex divorce
If your same-sex marriage has irretrievably broken down, and you wish to get divorced, feel free to contact our offices for assistance. Based on our experience with same-sex divorces, additional knowledge on the law may be required when it comes to preparing the legal documents.
Gay and Lesbian (Same-sex) Divorces in South Africa – How does it work? As with any marriage, relationship or romantic partnership, there is no guarantee that it will last until death do you part. For a marriage, a divorce is what is needed if the marriage has irretrievably broken down. Continue Reading
28 Relocation with my minor child to Saudi Arabia, Medina (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Medina, Saudi Arabia If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages seven or eight) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Roodepoort or Phalaborwa, South Africa, and you want to relocate to Medina, Saudi Arabia, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Medina, Saudi Arabia? The same applies when it comes to your minor child applying for a South African passport to relocate to Saudi Arabia, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Medina, Saudi Arabia with my minor child? There is there another parent. To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Medina, Saudi Arabia. What can I do if the other parent does not want to consent to the minor child’s relocation to Medina, Saudi Arabia? If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Medina, Saudi Arabia, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Medina, Saudi Arabia. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Medina, Saudi Arabia, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Medina, Saudi Arabia? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Medina, Saudi Arabia – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Medina, Saudi Arabia, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Medina, Saudi Arabia If you require legal assistance or representation with relocating to Medina, Saudi Arabia due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
28 Relocation with my minor child to Saudi Arabia, Medina (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few Continue Reading
[video width="1920" height="1080" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Relocation.mp4"][/video]Frequently asked questions regarding relocation and consent when it comes to minor children
Relocation – Are you planning on relocating to another country or moving to a different province within South Africa with your minor child? Are you concerned about the issue of consent from the other parent? Below are some frequently asked, and related questions on the topic. We would encourage you to post and answer some of the questions, or just leave a comment. Parents often decide to relocate with their minor children. However, they do not always understand the legal requirements and implications involved. For example, can they just leave the country with the minor child or do they require the other parents’ consent? Furthermore, if consent is required and refused; what are the remedies available to that parent? With regard to the issue of moving from one province to another, unless a court order stipulates otherwise, consent is not required. However, the relocation from one province to another could have an effect on existing parental responsibilities and rights. Under these circumstances, a variation of the court order would be warranted. There are therefore also other issues involved when it comes to relocation. For example, what contact would the other parent who remains in South Africa have to the minor children after relocation? The aforementioned questions and a range of other related questions may be posed and answered below. Feel free to post your question should this blog post not have answered it.Can I move from South Africa to the United Kingdom with my child without the father’s permission?
If the father has parental responsibilities and rights of guardianship, his consent is required for the relocation to the United Kingdom. For example, if the father and the mother were married, then under those circumstances unless an order of court determines otherwise, the father’s consent is required. If the father was not married to the mother, but in a long term relationship when the child was born, and involved in the child’s life after birth, then his consent under the circumstances would also be required.What do I do if the father refuses to consent to relocate to Germany?
If a parent refuses to provide the necessary consent for relocation to another country, in this case, Germany, then the Court must be approached. Basically, you would ask the court to dispense with the requirement of the father’s consent. The court would determine the case based on what is best for the minor children involved.What type of care and contact would the other parent exercise if I relocate to Saudi Arabia?
In this digital age, there is no reason why a parent cannot have regular contact to his or her child if they live in different countries. Usually, contact would take place via Skype, WhatsApp, FaceTime, or other digital means. Email and other messaging services are also effective. When the children returns for holidays or the parent visits them overseas, then contact should be reasonable. For example, a few days with the non-custodial parent.May I relocate with my child to Canada or the United States?
You may relocate with your minor child to Canada, the United States, or to any other country if you have the father’s consent. However, consent is not always required if the father does not have guardianship rights. If you were married to the father or he was involved in the child’s life, by visiting and paying maintenance, then his consent would be required.My child does not have a passport. Do I require the father’s consent to obtain one?
In terms of the Children’s Act, if a father has parental responsibilities and rights of Guardianship, his consent is required for the minor child’s application for a passport. If the father’s name is on the birth certificate, more than likely the Department of Home Affairs would insist on having his consent.Can a mother move a child away from the father?
Under normal circumstances, a mother cannot move a child away from the father. However, if it is in the child’s best interest, it will be allowed. It is best to obtain a court order dealing with the parties’ parental responsibilities and rights under the circumstances. Alternatively, a social worker or childcare expert should have advised the mother that that would be in the child’s best interest.When can a child legally decide which parent to live with?
In South Africa, a child is no longer under the guardianship of a parent when he or she turns 18 (eighteen) years old. Therefore when the child turns 18 (eighteen) years old, he or she can decide where he wants to stay, and with whom he wants to stay. The same applies in the case of the relocation. The father’s consent would not be required should the minor child decide to relocate to another country with a mother. The opposite also applies.Can I get a passport for my child without the father’s consent?
In terms of South African law, both guardians’ consent is required for a child applying for a passport. Therefore, if the father is a holder of guardianship, his consent is required. The Department of Home Affairs may insist on the father being present at their offices to give consent.Can I move with my child without the father’s permission?
If you wish to move to a different province or to a different city within South Africa; technically you do not require the father’s permission unless there is a Court Order stating that you require his consent.Can I change my child’s last name without the father’s consent?
The Department of Home Affairs would require both parents’ consent. If the child has the father’s surname, you would definitely require the father’s consent. If the mother remarried and wants the child to have the surname of the step-father, and the child currently has a mother’s maiden surname, then in those circumstances the Department of Home Affairs might decide not to persist with the father’s consent if he cannot be found.Can a mother take a child out of the country without the father’s permission?
This depends on whether or not the father has guardianship rights over the minor child. If the father has guardianship rights over the minor child then, he would require the mother’s consent. Furthermore, the Department of Home Affairs would require the father’s consent before the child may leave the Republic of South Africa if the father has guardianship rights.Can I take my child overseas without the child’s father’s permission?
If the father has rights of guardianship over the child then you require his permission to take the child out of the Republic of South Africa. This applies whether or not you intend to relocate to another country or you would like to take the child away on a holiday.Can a mother move a child away from the father in South Africa?
A parent (in this case the mother) has to always act in the child’s best interest. However, under certain circumstances, the mother may have to move to a different province or to another country. Under those circumstances, the court would look at what is best for the minor child. Should the child remain in the province or in the country with the other parent who cannot care for him or her? Obviously not, unless the situation warrants it. Those are the factors that the court would have to look at.May grandparents take the minor child abroad?
Yes, a grandparent may take a minor child abroad. However, the grandparent would require the consent of both the minor child’s parents if they are both guardians.Can I get my child a passport without the father’s consent?
In terms of the Children’s Act, both guardians are required to give consent for the minor child’s application for a passport. Therefore, if the father has guardianship rights over the minor child, then his consent is required.Can a mother terminate a father’s parental rights when she moves overseas?
A mother cannot terminate a father’s parental rights and responsibilities. Even if she moves overseas, she can’t. Only a court of law can do that. However, it is possible under certain circumstances that the father does not have parental responsibilities and rights. In those cases, he can acquire parental responsibilities and rights if he gets involved in the child’s life. For business legal services, visit Private Legal.
Frequently asked questions regarding relocation and consent when it comes to minor children Relocation – Are you planning on relocating to another country or moving to a different province within South Africa with your minor child? Are you concerned about the issue of consent from the other parent? Below are Continue Reading
Appeals and Reviews – How does it work?
Appeals in court cases typically involve requesting a higher court to review a decision made by a lower court. For example, approaching the High Court to review the decision in the Magistrates Court matter. The process usually begins with filing a notice of appeal, outlining the grounds for the appeal and providing the necessary documents to support the case.
The appellate court will then review the lower court’s decision and determine whether any errors were made. If successful, the appellate court may either overturn the decision, order a new trial, or modify the original ruling. It’s important to seek legal assistance to navigate the complexities of the appeals process effectively. If you need legal assistance with appeals or reviews, consider reaching out to a qualified attorney or advocate for guidance.
Getting Legal Assistance with Appeals
If you require legal assistance or representation with your appeal matter, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
[gallery]
Appeals and Reviews – How does it work?
Appeals in court cases typically involve requesting a higher court to review a decision made by a lower court. For example, approaching the High Court to review the decision in the Magistrates Court matter. The process usually begins with filing a notice of appeal, outlining the grounds for the appeal and providing the necessary documents to support the case.
The appellate court will then review the lower court’s decision and determine whether any errors were made. If successful, the appellate court may either overturn the decision, order a new trial, or modify the original ruling. It’s important to seek legal assistance to navigate the complexities of the appeals process effectively. If you need legal assistance with appeals or reviews, consider reaching out to a qualified attorney or advocate for guidance.
Getting Legal Assistance with Appeals
If you require legal assistance or representation with your appeal matter, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
Appeals and Reviews – How does it work? Appeals in court cases typically involve requesting a higher court to review a decision made by a lower court. For example, approaching the High Court to review the decision in the Magistrates Court matter. The process usually begins with filing a notice Continue Reading