Prenup ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney[/caption] Our Lawyer Pty Ltd is a family legal consultancy that have dealt with family legal matters over years. In addition to this, we offer professional, expert legal advice and we are professional legal drafters legal documents. Feel free to call our law offices today and have our friendly receptionist make an 
Call us on: 0211110090
Call us on: 0211110090Ante Nuptial Contract meaning Ante Nuptial Contract is a legal document that stipulates how assets will be dealt with in the event of death or a divorce. Our Lawyer Pty Ltd is a family legal consultancy that have dealt with family legal matters over years. In addition to this, we Continue Reading
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Relocation with my minor child to India, Chennai (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 Chennai, India
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages one or two) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Constantia or Ulundi, South Africa, and you want to relocate to Chennai, India, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Chennai, India?
The same applies when it comes to your minor child applying for a South African passport to relocate to India, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Chennai, India with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport.
Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Chennai, India. What can I do if the other parent does not want to consent to the minor child’s relocation to Chennai, India?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Chennai, India, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Chennai, India. The other parent would also have an opportunity to give reasons why he or she objects.
At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Chennai, India, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Chennai, India?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Chennai, India – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Chennai, India, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Chennai, India
If you require legal assistance or representation with relocating to Chennai, India due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
Relocation with my minor child to India, Chennai (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. Continue Reading
How long does it take adopt a child in South Africa?
Not being able to have children is a whip-lashing, emotional experience for many couples. Luckily, child adoption makes matters easier but there are formalities that must be adhered to. The adoption process in South Africa can be a tough, complex procedure. During our years of experiences in dealing with child adoption, we have found that many couples undermine this time consuming process. [caption id="attachment_4181" align="alignleft" width="300"]
Call us on: 0211110090
Email: [email protected][/caption] However, the adoption process can unfold over a period of months, depending on the nature and circumstances of the matter. Often, further complications may arise during the process and sometimes important choices must be made. Our law offices have dealt with unique child adoption cases in which we have compiled a range of online articles with free expert legal advice for your convenience. For more information, call our law offices and have our friendly receptionist make an online appointment for you today.Baby adoption process
We often don’t know where to start when it comes to child adoption. These are brief, yet relevant steps you could be looking at when entering into the adoption process: [caption id="attachment_4182" align="alignleft" width="300"]
Call us on: 0211110090
Email: [email protected][/caption]- Establish a mutual ground between you and your spouse: this means making sure that both parties are actively involved in the adoption process and that both parties would like to process with the process.
- Social worker or adoption agency: A social worker mandatory to the process even though you may personally know the biological mother of the child. When it comes to a social worker and agency, you need to ensure that you can trust both the agency and social worker. These two factors will play an essential role in the outcome of the adoption process.
- Screening process: this can be the most dreadful step.
You will need: [caption id="attachment_4183" align="alignleft" width="300"]
Call us on: 0211110090
Email: [email protected][/caption]- Interview with your social worker
- Police clearance
- Medical report
- Psychological assessment
- Summary of finances
- Clearance from National Child Protection Register
- Clearance from the National Register of Sexual Offenders
- Assessing of your marriage
- References
- Group sessions
- Social worker will have to visit your home to check for a stable, safe home for the child
- An overall family assessment
- Wait for your child while the social worker determines an ideal candidate that suits the circumstances of the matter.
- You will get to meet your child and you will have an idea of your child’s history and have a choice if you would like to proceed.
- Complete the legal work: this is where a good, family legal expert comes in to help you through the process of the Children’s Court and other legalities.
Adopting a child from another country
For more information on child adoption simply click on the following links:- Adopting a child and the Law
- Child adoptions- domestic and intern-country
- Relocate with the minor child- parent refusing passport
- The law regarding Children’s Act
[caption id="attachment_4184" align="alignleft" width="300"]
Call us on: 0211110090
Email: [email protected][/caption] Are you residing out of Cape Town? No problem. Make use of our national number on 087 701 1124 or simply call our offices on 021 424 3487 for an online appointment for a professional legal consultation.
How long does it take adopt a child in South Africa? Not being able to have children is a whip-lashing, emotional experience for many couples. Luckily, child adoption makes matters easier but there are formalities that must be adhered to. The adoption process in South Africa can be a tough, Continue Reading
Relocation with my minor child to India, Jaipur (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 Jaipur, India
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages nine or ten) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Oudtshoorn or Lebowakgomo, South Africa, and you want to relocate to Jaipur, India, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Jaipur, India?
The same applies when it comes to your minor child applying for a South African passport to relocate to India, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Jaipur, India with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport.
Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Jaipur, India. What can I do if the other parent does not want to consent to the minor child’s relocation to Jaipur, India?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Jaipur, India, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Jaipur, India. The other parent would also have an opportunity to give reasons why he or she objects.
At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Jaipur, India, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Jaipur, India?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Jaipur, India – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Jaipur, India, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Jaipur, India
If you require legal assistance or representation with relocating to Jaipur, India due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
Relocation with my minor child to India, Jaipur (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. Continue Reading
Frequently Asked Questions and Answers on Prenuptial and Ante-nuptial Contracts
Do you have any specific question on pre-nuptial or ante-nuptial contracts similar to that below? If yes, feel free to post it below. We will try to answer them for you as best we can.How does a pre-nuptial contract work?
A pre-nuptial or ante-nuptial contract is an agreement an unmarried couple enters into before they get married. I deals with the proprietary aspects of their marriage and other related issues. For example, it would deal with what matrimonial property regime applies to the marriage. For example, whether they will be be married “In Community of Property and Profit and Loss”, or “Our of Community of Property and Loss”with our without the Accrual Regime. In an Ante-nuptial contract mention can also be made of what assets are excluded from the joint estate etc. Below are some questions that people have in relation to to ante-nuptial contracts. The Pre-nuptial agreement is executed, or signed before a Notary Public who then registers the document at the office of the Registrar of Deeds. In this way, the information in the Ante-Nuptial Contract becomes public.How many years is a prenuptial agreement good for?
For the entire duration of the marriage.What is a prenuptial agreement in marriage?
It is an agreement a couple enters into before the marriage.How long should you wait to get married after signing a prenup?
You can get married the next day.Can you get a prenup after you get married?
No. You should then enter into a postnuptial contract. You need to consent of the high court for that.Can a prenuptial agreement be overturned?
Yes, if it was fraudulently done.How much does it cost to get a prenuptial agreement?
Different places have different costs.Can a will override a prenup?
No it cannot.What good is a prenup?
One that is well written with no ambiguity.What are ante-nuptials?
Agreements before the marriage.Can you do a prenuptial agreement after marriage?
No. You should then enter into a postnuptial contract. You need to consent of the high court for that.Can a prenuptial agreement be voided?
Yes it can, if there was fraud involved.How long does it take to draw up a prenuptial agreement?
A good lawyer should take less than an hour for a basic one. A complicated one could take much longer.Can you get a prenup for future assets?
Yes you can.Can a prenup protect future inheritance?
Yes it can.Is my husband entitled to half my inheritance?
It depends what the will of the person says.How much money can you inherit before you have to pay taxes?
You need to speak to an accountant for that.Can you get a postnuptial agreement?
Yes, but you need the High Court’s Consent before you can register it.How do you get a prenuptial agreement?
You should see a lawyer.Are post NUPS legal in South Africa?
Yes, it is.Are postnuptial agreements valid in Cape Town?
Yes it is. You need the High Court’s Consent.What does a postnuptial agreement mean?
An agreement, the same and an antenuptial agreement, but entered into after the marriage.What is a marital agreement?
Is marriage a covenant or a contract?
How long does it take for a divorce to be final after signing papers?
What is the meaning of Antenuptial?
Can you change your marriage contract after marriage?
What does an invalid marriage mean?
What does it mean to be married out of community of property?
What is COP marriage?
What does it mean to be married in community of property?
What is a marriage settlement?
Is a marriage a legal contract?
What does it mean to contract a marriage?
What is a settlement agreement in a divorce?
Can a marriage settlement agreement be changed?
Is a prenup a contract?
Are prenuptial agreements valid in India?
Is contract marriage legal in India?
What is prenuptial agreement in us?
How long should you wait to get married after signing a prenup?
What good is a prenup?
Can you deny a divorce?
Do you have to go to court for an uncontested divorce?
Do you have to have a lawyer to get a divorce?
How do you get a divorce if you have no money?
Can you get a divorce without a signature?
Can you reopen a divorce case?
How long do you have to respond to a divorce?
Is money received in a divorce settlement taxable?
Is a divorce agreement legally binding?
How long does it take to get a final decree of divorce?
Is a mediated agreement legally binding?
Can you settle a divorce out of court?
Can you appeal a divorce settlement?
How do you enforce a divorce decree?
How long does it take for a divorce to be final after signing papers?
Can a separation agreement be changed after divorce?
Can you have a divorce reversed?
Can you have a divorce decree amended?
How long do you have to file an appeal in a divorce case?
Can a divorce be undone?
Can I change my divorce settlement?
Can you stop a divorce once you file?
What is an appeal for divorce?
Can a divorce agreement be amended?
Can divorce papers be changed?
Can you change a mediation agreement?
How do I change my divorce decree?
Can you ask for alimony after the divorce is final?
What is an amended petition for divorce?
What happens after you file a divorce petition?
What does amend mean in court?
What does it mean when a charge is amended?
Can prosecutor change charges during a trial?
Can a judge drop all charges?
Can a judge change a verdict?
Can a judge overrule the assessors?
How can a judge be removed from office?
Can a sentence be increased on appeal?
Can a judge direct a guilty verdict?
Can a prosecutor overrule a judge’s decision?
What does notwithstanding the verdict mean?
Can you appeal against a not guilty verdict?
Can you appeal a jury verdict?
Frequently Asked Questions and Answers on Prenuptial and Ante-nuptial Contracts Do you have any specific question on pre-nuptial or ante-nuptial contracts similar to that below? If yes, feel free to post it below. We will try to answer them for you as best we can. How does a pre-nuptial contract Continue Reading
Relocation with my minor child to Russia, Moscow (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 Moscow, Russia
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages nine or ten) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Worcester or Rustenburg, South Africa, and you want to relocate to Moscow, Russia, 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 Moscow, Russia?
The same applies when it comes to your minor child applying for a South African passport to relocate to Russia, 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 Moscow, Russia 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 Moscow, Russia. What can I do if the other parent does not want to consent to the minor child’s relocation to Moscow, Russia?
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 Moscow, Russia, 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 Moscow, Russia. 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 Moscow, Russia, 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 Moscow, Russia?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Moscow, Russia – 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 Moscow, Russia, 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 Moscow, Russia
If you require legal assistance or representation with relocating to Moscow, Russia due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
Relocation with my minor child to Russia, Moscow (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. Continue Reading
Legal Resources and Advice regarding emigration and relocation from South Africa to the UK, USA etc.
Are you intending on relocating to any one of the popular destination countries below?United Kingdom (UK)
Australia
United States of America (USA)
New Zealand
Canada
Angola
Botswana
Chile
Zimbabwe
Germany
Netherlands
Swaziland
Israel
Portugal
Mozambique
Ireland
Malawi
Switzerland
Namibia
Greece
Are there possible consent issues regarding passports, and relocation or emigration? If you answered yes, have a look at the articles on this website that you may of use. [pt_view id=”31e6e81k5q”]
United Kingdom (UK)
Australia
United States of America (USA)
New Zealand
Canada
Angola
Botswana
Chile
Zimbabwe
Germany
Netherlands
Swaziland
Israel
Portugal
Mozambique
Ireland
Malawi
Switzerland
Namibia
Greece
Legal Resources and Advice regarding emigration and relocation from South Africa to the UK, USA etc. Are you intending on relocating to any one of the popular destination countries below? United Kingdom (UK) Australia United States of America (USA) New Zealand Canada Angola Botswana Chile Zimbabwe Germany Netherlands Swaziland Israel Continue Reading
Finding the best attorney or advocate for your matter in Cape Town is important. This is whether or not you are seeking a pro-bono lawyer or one that charges fees.
What follows are some frequently asked questions on lawyer and fees in family law matters.How much does it cost to hire a lawyer in South Africa?
The cost of hiring a lawyer depends on several factors, including the lawyer’s experience and the complexity of the matter. For simple issues, you can seek assistance from a less experienced lawyer, while complex matters may require a more professional (and thus more expensive) lawyer. Therefore, the cost of hiring a lawyer varies depending on the specific circumstances of your case and the lawyer you choose.What does a family lawyer do in South Africa?
A family lawyer in South Africa typically handles legal matters related to family relationships, such as divorce, child custody, and adoption. They provide legal advice, represent clients in court, and help negotiate settlements.Is it possible to find a pro bono lawyer in South Africa?
A pro bono lawyer is one who would not charge you for legal services. In South Africa, most lawyers charge for their legal services. It is possible to find organizations that may assist you with your legal matter free of charge, such as legal clinics or pro bono organizations. You may also approach the legal aid board for legal assistance.What is the difference between a lawyer and an attorney in South Africa?
In South Africa, the terms “lawyer” and “attorney” are often used interchangeably, but there are distinctions in the legal profession:- Attorney: An attorney is a legal professional who has completed the necessary education, training, and practical experience to represent clients in legal matters. Attorneys can provide legal advice, draft documents, and represent clients in lower courts. They typically work in private practice or within firms.
- Advocate: In South Africa, an advocate is a specialist lawyer who represents clients in higher courts. Advocates are usually instructed by attorneys and focus on litigation and courtroom representation. They are similar to barristers in other legal systems.
- Lawyer: This is a broader term that encompasses both attorneys and advocates, as well as other legal professionals. It refers to anyone qualified to practice law.
In summary, all attorneys are lawyers, but not all lawyers are attorneys. Advocates represent a separate branch of legal professionals within the South African legal systemHow much does an advocate charge per hour in South Africa?
In South Africa, the hourly rates charged by advocates can vary widely based on factors such as experience, expertise, the complexity of the case, and the geographical location. On average, advocates may charge anywhere from R1,000 to R5000 per hour or more. For junior advocates, the rates may be lower, while senior or highly specialized advocates may charge significantly more. It’s also common for advocates to offer fixed fees for specific services or cases, rather than hourly rates. If you need an advocate, it’s best to discuss fees upfront and ensure you understand the billing structure before proceeding.What is the cost of a suit in law?
In South Africa, the cost of a suit in law, often referred to as legal fees for representation, can vary widely based on several factors:- Type of Case: Legal fees differ depending on whether it’s a civil, criminal, family, or corporate matter.
- Experience of the Lawyer: More experienced attorneys or advocates may charge higher fees.
- Billing Structure: Some lawyers charge hourly rates, while others may offer fixed fees or contingency arrangements (especially in personal injury cases).
- Geographical Location: Fees may be higher in urban areas like Johannesburg or Cape Town compared to smaller towns.
On average, you might expect:- Hourly Rates: R1,000 to R5,000 for an advocate; R1,000 to R2,500 for an attorney.
- Fixed Fees: These can range from a few thousand rand for straightforward matters to significantly more for complex cases.
It’s important to discuss costs and payment structures upfront with your legal representative.Is the Family Advocate accessible?
Yes, the Family Advocate in South Africa is generally accessible to the public, particularly for matters related to family law, such as divorce, child custody, and maintenance issues. The Family Advocate’s office aims to assist with the resolution of disputes involving children, focusing on their best interests. How to Access the Family Advocate:- Application: You can apply to the Family Advocate’s office directly. This often involves submitting specific forms related to your case.
- Court Referral: In some cases, the court may refer you to the Family Advocate for assistance in mediation or investigation.
- Contact Information: Each province has a Family Advocate’s office, and you can find contact details online or through local court offices.
- Free Services: The services provided by the Family Advocate are typically free, which makes them accessible for individuals who may not be able to afford private legal representation.
It’s advisable to check the specific requirements and processes for your region, as they may vary.
Finding the best attorney or advocate for your matter in Cape Town is important. This is whether or not you are seeking a pro-bono lawyer or one that charges fees. What follows are some frequently asked questions on lawyer and fees in family law matters. How much does it cost Continue Reading
I have a daughter who is 3 years old. I’m having a problem the father of my daughter doesn’t support the baby every month he only deposit the money when he want. I am afraid he can leave South Africa without support her. He is from Swaziland.
We advise that you approach the Maintenance Court in our area as soon as possible.
If u take him to small Court u open an easy way to him to see had s child.I have been paying my maintenance ( avoiding more blackmail) since birth though not in time but never skipped a month for the past 05yrs.
Now she just had another baby she decides to take me to maintenance as i refuse to double what i have been paying all this years and not just money, clothes included and a luxury pram. Now she want to go into my finance knowing very well my wife or family knows nothing bout this. She had the baby against my will. She misled me to think she was not pregnant, when I found and gave money for morning after pill and abortion. I feel like the law is protecting criminals in my case. Why is this woman failing what you teach at family planning and not suffer any consequences. She is doubling my maintenance fees yet she go and make another baby. Why is the law against men so much that even good men are destroyed by this system???My name is Jenny.I have two kids(boys)their father was supporting them even if it was not enough for both of them then we broke up,now he is married to another women then he stopped to pay for the kids last moth I applied for the maintenance and he just got the letter today
He called me and saying allvsort of bad names and saying I will not win in court.am warred because I do not have slips for money he used to send.should I be married about this?We don’t advise you to take his advise. Trust the court system. Ensure that you have proof of all expenses.
I am a father of 5 (4 different mothers). I contribute roughly R3k (All-Incl) each for all my kids.
One of the mothers wants an additional R1600 (cash value) and R2k for school fees for her child. She earns a net R19k and I a net R36k. The maintenance officer we met at court refused to consider this additional responsibility and said her focus is on the child before her. Is this legal? Can I request from her a legal representation and appear before the magistrate? Am I inconsiderate fighting this? She disregarded my gym expenses and labeled them unnecessary. I also support my sick mother who lives alone in KZN and has Arthritis, BP and Diabetes. Please advise…
The Court has to make a fair ruling. We advise you to provide the court with a full breakdown of your necessary expenses and income and the court would have to decide. Both parties must do that. Hi ever time I get a address for my daughter father to go maintenance court he moves and I have to try find him all over again and we not getting to court is there a way that I could trace him via cellular phone where would I get permission to do that so I can get a proper address and get papers served to him so we can get dates to go to court before he moves again it’s so hard haveing to keep going to file just to be told thay can not find him anymore,1815,Good evening. The Maintenace Court should be able to assist you with this. They should advise you on what type of service of the subpoena the court requires.
Hi there, I have been married for 13 years and have 3 sons from my wife we have been separated for the passed 7 months or so but still living together she recently went on a vacation with my 3 sons they are about 1000km away from me and then she told me that shes not coming back and she wants a divorce and she went behind my back and got transfer cards from the current school. I love my kids and feel that I can give them a better life with me my wife does not work and she won’t even tell me what school she’s planning on putting the kids in. I’ve always taken care of my kids. I would like to get my 3 boys back, what can I do?? Good dayIf the matter cannot be mediated and/or is urgent, we advise you to approach a lawyer and obtain a court order that the children reside with you. Feel free to call us on 0214243487 should you require a legal advice consultation on this issue.
Hy guys..I have a problem here..its a long one I’ll try to make it short..anyway i met this lady last year 2017. she was some sort of a friend and she had a boyfriend one day she tricked me to go with her to her place which turned to be her sisters place we slept without a condom which I regretted after some weeks she kept on following me and telling one day this thing of mine wearing expensive sneakers will end..some day she found me with collegue which she accusing me that I’m dating her which I don’t..so I responded even if I was..firstly you not my girlfriend and you have a boyfriend and you and I are not iterms,one day two weeks I received an sms telling me she pregnant and nothing I will do about it.i asked how sure that you’ve been pregnant and by me.then I sayd will do DNA tests to see the baby its mine or not.she agreed..again I got another sms telling me I should involve my family and I should give her R500 each month..
I asked her to leave me alone..she stole my file at work to find my mom and sister’s contact number and called them telling them shes month or weeks pregnant,luckily they didn’t entertain her..she came back to me calling me with private numbers threatening me with maintenance also telling me i should give my persal number..to register for creche while she was 4 or 5 month preg.. this year 24 March I received an sms telling me she gave birth I respond that I will organize a doctor so that will do DNA test,when I was checking with a doctor..she tells me her mom took her away shes out of town in jhb kagiso..again I made an appointment at NHLS in braamfontein..she sayd shes on her way but didn’t come,again I made another one she didn’t come making excuses that she wants to go to the clinic while I called her early six o’clock while clinics closed at 16:30..I sent an sms to her she must just leave me alone since she knows who the father of that child since she doesn’t wanna do DNA’s,she responded that it’s fine will do DNA at magistrate court..I responded that you’ll also tell them you you refused run away 3 DNA test which were offered by me..then June she came with two officers to deliver a maintenance letter that I should be in court the letter where she wrote that I’m the biological father I don’t wanna take responsibility of the child and needs R2000 each month.. I attended court Friday 27th they putted us in a small room she gave story I gave mine and asked what’s the use for me to be here why she ddnt come for DNA and chose to come for maintenance I wasn’t answered and gave a proof wer we had an written communication of our conversation.then I was told that I should come do DNA tests on 30th July today..and I should bring an amount of R2000 for DNA then were realease..SO I WOULD LIKE TO KNOW THAT IS IT FAIR OR SHOULD I BE WORRIED OR WHAT..WHAT SHOULD I DO OR SAY??WORD OF ADVISE GUYS PLEASE..?? Good dayIf the test is positive, the maintenance process will proceed. If you are not the father then, the case will not go ahead. If you are the father, then the court would want you to pay a fair amount. Both parents must provide proof of income and expenses.
Hi, i have been living with my son for the past three years, all along he was living with ,y parent in Pretoria. I took the decision to live with him because his father didnt feel the need to have a relationship with him whilst the child was in pretoria. He has been on and off in taking responisiblity and now that we currently live in Mpumalanga his suddenly wants a relationship with his son. I make make sure every end of term my son goes to pretoria but his father doesnt take that time to see him or do things for him. I have to remind him on a monthly basis to pay his school fees of which its R1300 sometimes he does and sometimes he doent which resulted in my son being chased out of school due to his fees not updated. Im currently under debt review as im failing to handle my debt therefore does that give me enough to apply for a maintaince because he has paid a couple of time towards the school fees only . Please help. I have a baby boy with a girl that I have been supporting since her pregnancy and I have been giving her the money to buy for child food and I payed her bills at the hospital. Iam giving her 500 per month to support the child now she wants money for maintenance. What advice would you give me.The child is one year old.Last week I received a summon fro court about the support.,2026,I would advise that you keep a schedule of your income and expenses and also a schedule of your history of payment. Show it to the maintenance court.,2027,
Good day You have a strong case to apply for maintenance. We advise you to proceed. Hi I’m staying with my husband and we have a 2years daughter together i was working before I met him them due to my daughter s illness when she was 3months i resign and he was very supportive but since my daughter recovered i told him that I want to do job hunting again i ask him to take the baby to creche he said he don’t have money for creche and he is earning 9000 pm now he is no longer supporting the baby so I’m asking if the court will assist me. Yes, the court would assist.Hi My Name Is Tanya My Bf Has 7yrs Old Twins Boy and girl The Twins Where Living With Us While He Was Working At His Previous Job.
And Was Earning R3800 Per Month During That Period He Rereived Maintenance Papers He Went To Court And The Mother Claimed R2000 Frm Him He Told The Court That The Kids Are Living With Him And The Mother Said She Wil Take Them True To Her Words She Took Them But Stil He Never Stoped Supporting Them And Buying Clothes And The Court Case Is Stil Ongoing And He Found Onother Job Its Been 3months Since She Took The Kids The Amount Hes Willing To Pay Is R500 Per Child But The Mother Refuses Claiming That The Kids Must Also Pay Rent Because Shes Renting And She Has Another Child Wich Is Not My Bf Child Is He Been Unreasonable For Wanting To Pay R500 Per Child I Think The Court Is In Favour Of The Mother Even After He Gave Them Proove That He Supports His Kids Do We Need A Lawyer On This Matter Please Help. Good day Feel free to call us on 0214243487 for a legal advice appointment. Otherwise, if the court ruling is unfair, you can appeal it.Hey my name is Khumo I recently got married and my husband has a children outside our marriage and supports all of them (all three) so the mother of the first child doesn’t want to support her child and insists my husband ( the father) to do all the maintaining of the child and that the child doesn’t stay with the mother but the grandparents so she took us to maintenance court because she doesn’t want to support her child.
Please assist me ,2182, Good day The maintenance court would deal with the matter fairly. They would order the father to pay what is fair.,2194,- im mohamed. my wife left home with baby. I want baby to live with me and have no issues with wife not having to provide as I can provide. However the wife wouldnt want this. however the wife has approached the maintenance court for maintenance. Is there a way or can the maintenance court accept my decision?
Good day The maintenance court does not deal with custody issues. If you believe that it is best for you to have custody, you need to approach the court. Feel free to call us on 0214243487 should you wish to discuss your matter with a legal advice consultation.Hi, I am also experiencing the same problem, my court date is tomorrow, and the summons was not served to the father of my children. his parents didn’t want to sign on his behalf as he is far from were we staying, so I don’t know what will happened tomorrow when he doesn’t pitch up. but I made a sworn affidavit to the police same day to provide to court as evidence.
Please assist. Good day He needs to be properly served. Also, the court cannot make any order against him without information regarding his financial affairs. So even if they make an order for X, it cannot be effected as he would not know about it, it cannot be executed. But see what the court has to say. Hopefully, they would find a way to serve him. I have 2 kids which I take care of them monthly, but now the debt is huge the salary is small. I asked the parents that I Will take care of 1 child per month then the following month I take of the other, meaning I support 1 child October then November the other child, December the other one etc. One of them didn’t not accept and threatened to go to court. Is this wrong when I skip as month because I can’t afford both of them on a single month.Good day. I have a child with a married business man who drives in luxurious cars and owns several properties, but every time I approach him with child maintenance he claims that he’s broke and if I take him to court he will pay R300 for the child coz he’s not working.
You should support your children according to your means. It may be better to pay monthly, but half. The best place to resolve this matter would be at the maintenance court. Good day. We advise you to still approach the maintenance court. They would investigate the matter and do what is best for the child. Good Day I work in Sandton and live about 40km from work and my daughter will start creche in the next year and because of the distant and traffic i believe it would be best for her to go to a creche closer to my work place because 1. by the time i get home it will be late for creche collection in the local areas and 2. if there is an emergency I am always close by rather than 2 hours away. I do not have any support structure and relay on myself to look after baby. The creche is R5000 pm in Sandton as opposed to R3000 home, i have gone to the court for an increase in amount for the school in Sandton, will they consider my request as fair based on the abovementined points. Good dayWe cannot predict what the final decision of the court would be. The other parent would also have a say. If you feel it is reasonable, then you should proceed.
Hi what can i do to prove that baby daddy does not work anymore because I don’t blv that,I went to court but I wasn’t setified about the report because on social media he keep on taking photos at his work so is it posible to get print out on my on as a proof ?if yes where I can go? Good day. Print outthe proof and take it to the Maintenance Court. The court can then subpoena the work. Good day. I have a problem my ex is married to other man must i keep supporting the child even I don’t have access to see my child. Good day. You need to make an application for access. We advise you approach the children’s Court ASAP. Good Day, I would like to ask, I have been divorced for 4 years with court order and settlement agreement in place.
My ex never paid the correct maintenance amount but i used what i got and made it work. he has now refused payment as his moved in with GF and bought a house (not sure if joint or as he said, she has bought it) however, he gives me no information and decreased the kids (2 kids 5yrs and 10yrs of age) maintenance from R4k to R2K and meant to be R5600- and he also advised that as of next month he will be doing R700 only. now there is alot of threats and verbal abuse from his side.. and I am currently getting all information together in order to lay claim against him. His overseas on holiday as of Oct, and I know many other living things that prove he can pay .. however, cant proof this as he advises that he cant make a living for himself and pay.. he would never be able to build on his life.Now , it has been fear that has stopped me previously on the risk that he might get away with a low amount and that my kids would suffer.
I have worked on a expenditure list obtained on maintenance court web page and want to address the court. but i dont know his actual salary- i know he has shares but again to prove it.. my question is, would i stand the chance of claiming the agreed amount of R5600? or should i go lower? and what would I need to support this to he best of my ability? kids fees for school is R5200 on its own.. so I feel its a fare amount for their upkeep ? i have recently gone in arears due to his reduction of funds as my income does not allow me to cover. any advise in this would be appreciated.. as I am running out of grace period with schools, and forced to go to court. kids regards. Good Day, I would like to query my chances on going to maintenance court. I have 2 kids 5yrs and 10yrs of age, i have been divorced for 4 years with a a court order settlement agreement in place of requirements of both parties and maintenance amount for kids.Now my ex has never made the full payment amount as agreed, but I made do with amount given. as it is an amount, plus he makes bond payment (which he has now also stopped)and i cover debt that accumulated within marriage.( i am still paying this amount)
however, he has threatend many things and kept me in line by fear of taking him to court. but he has now reduced payment to R2k from R4K and advised that as of next month its R700.00.as this is what he would need to pay if I take him to court as that is what he can afford. Now I know he earns well, his moved in with GF in house she or he or both bought? he has the new brand expensive shoes and clothing and going overseas next month on holiday. but i dont know how to proof this? and he wont even provide his address. his meant to pay R5600 as per divorce order . I have fallen into areas on school fees and living expenses, i would like to know what are my chances in claiming the amount of R5600? my kids school fees alone is R5200.00 and of cause there is many, many other experiences. I have been in 3 different jobs in trying to up my income, but recently took a job with slightly lower income, as the traveling was an issue as i was unable to make my correct collections times for kids, and ended up with extra funds to payout. do i have a chance in fighting this? or accept what he says in his affordability.. ? thank you kindly. i would appreciate any advise. Good dayThe Order stands and he should pay in terms of it. If he cannot afford, then he should apply to the court for a reduction. Our advice is that you lay a complaint for failure to comply with the Order. As we cannot predict the outcome, we feel that it is the right thing to do, considering all the facts mentioned.
Hi. My boyfriend left me when I told him I’m pregnant. I have no Income neither medical. Don’t even get me started on support structure. I have requested on several occasions that we need to have a face to face conversation, as to date this has not happened. I’m 4 weeks along with a difficulty pregnancy and has to be on bed rest. Atleast once a week I would get so I’ll and request help from him…which never happens. My question is what’s his rights at this moment and can I get him to give up his parental rights. His under the assumption I should do this alone and let him know when the baby is born. Good dayAs long as he is the biological father, he would have certain rights, although it may be minimal or limited. One cannot sign away parental rights. A court of law can, however, take it away. You would then have to approach the court.
Hi I’m Phunyezwa having problem with father he didn’t pitch in court twice now we are going in August what next? if he doesn’t come warrent of arrest or bcz he shows no respect. Good day If he does not appear after being duly subpoenaed, the court can issue a warrant of arrest. My son is 13 and his dad has his own business… he give me 400 a month for my son… I told him yesturday I need to give an deposit towards the school fees for next year… his respond was the child stay with you… I’m suppose to see to everything. We advise that you approach the Maintenance Court ASAP for a Maintenance Order.Hi, my father is on debt review. He pays a relatively small amount of maintenance for my brother and I but recently moved into a new apartment and is always buying himself new shoes and sport equipment. He works on the mine and gets quite big bonuses every few months. He never wants to pay even a small extra amount for clothing or snacks etc even though he is financially able. What does it cost for maintenance court and how long does it normally take until they make a decision?
Good day The maintenance courts are free. How long the process depends on the specific court. It is best to contact them for that information. Good day, I have 2 daughters ages 16 & 14 and my ex husband left his job without having another one and now his salary has decreased significantly. This happened in November last year and he just without noticed decreased the maintenance amount by less than half. I have been to the magistrate court and managed to get a court order against his retirement annuity. He has now failed to pay me the correct amount for the last 5 months and i have been again to the magistrates court, and he has now to appear in court as the magistrates wants to know why he is not paying the amount that was agreed in the divorce. He is adamant that he cannot afford it but should he not have gone and applied for a decrease? He also purchased a new house for R4m with his new finance just before he left his job. Will i be able to obtain the 5 months he still owes me from his retirement annuity or will the magistrate not allow this.,2451, Good dayThe law allows you to claim from his retirement. We can so no reason based on the information provided why the magistrate should not order the fund to pay you the arrears.
Ex did not pay maintenance and I did a garnishee order on his salary. Now he claims he cannot afford to pay but has bought a car for his 17yr old girlfriend and moved to a house where they are paying more rent. Will the court grant this reduction in maintenance without me being present because I would like to give this evidence as he is just going to lie and inflate his expenses. The court would call you both to court before making their decision. You would then be allowed to give the evidence. Good MorningThis is what I’m facing below, I don’t remember having an agreement with the COURT during the case
last year in black and white. that I should buy clothes for the child, I remember all I said to the mother of my child outside the COURT that whenever I have extra money. ill save and buy clothes for the child on winter and December, since my child is INNOCENT not suppose to be affected by the issues of he’s parents.Excluding the R800 that I am paying every month for the child support but then she stood on that and taking it to COURT that said I refuse to buy clothes for the child and she wants R1500 now from me R400 GRANT(Government fee)=R1900 income that she’s expecting. please help me. I do not afford this with my SALARY even to support my first Born who is 2 years old, She’s now telling me that she wish I could be arrested, now they wants me to come to COURT on the 06/11/2018.i only pay R800 every month with No due, which we agreed in Maintenance Court. I am Simanye,I have a 3month old baby,my husband refused to give me enough money for the baby,he only gave me 400 of which it was not enough,when I told him to add more money he told me he has no money he paid a lot of things of which he didn’t produce receipt. I am also struggling he does not give me money to get things for my self,he keeps on buying alcohol every day later on tells me that I won’t get a cent on his wages,asking what do I need money for,I am asking for money from my family for me and for the child.what do I do will the court grant me maintenance?Can the summons just be left in the post box. I found one there two days before the court date. I am always at my home and there is no way I would have refused anyone entry. Lawyer says it is allowable. I don’t think that is fair.
I want to know if and why the primary provider gets to choose the school, creche or rental house if they expect the other parent to pay for it. It seems unfair that you can continue renting a bigger house and expect me to pay most of it. And with schooling – if there are two equally good schools close to each other, why should I pay R2000 extra because she chooses a specific one? I don’t get it. IF I must pay, I should be able have input in the decisions affecting my child and the finances involved. Especially if I cant afford it?,2604, Good dayWe agree you should have an equal say in the decisions that affect the children.
Either way, you received it now, so you need to act on it. Good day You should approach the maintenance court. They would assist you. Hi, My name is Mpho ,23 years of Age I have a Four 4year old Son, I have a question what are the chances of winning a Case if the father Chooses when to support the child. For Example He Gives Fluctuative amount of money Every third month n in between other months he Gives nothing..His Earning R15.000 I saw his letter of Promotion n I took a picture of it can I use it as Evidence?..And again He Has the child under his medical Aid can I ask the court to have my own card for the child since I’m living with the child. Good day The court would have to make a fair maintenance award. We advise you approach the court and present all the facts and evidence and they would decide what is fair.
i took my baby father to child maintenance but i did not i attend the court case date. then now i re open it again do u think is he going to make it to attend the case? If the court sends him a notification of the date, he has to attend.,2657, Good dayIt is possible. The amount and period for which you may claim would depend on the facts of the case. We strongly advise you see an attorney on this issue.
Hi Guys, i have separated with my baby mama for 2 years, i pay for my childs school fees, transport, mini grocery medical aid, she has taken me to maintenance court, which we went last week, she want R5000, i was told by the magistrate to continue paying for my baby & he also said it must be an interim which is i must pay the the money directly to my baby mama’s account, which is R1620, She left her job to spite me & its sales so she said she will go back once there has been an agreement at court, she was also told to do a breakdown or bring the expenses that costs R5000 for my daughter per month, with me paying for everything do you think the court will go fair on me & agree that i pay R800 per month? they also requested that i bring my payslip next on the next court date.Already at hand i am supporting 3 families, i cant even afford to buy myself a jean at time, my girlfriend has created a file with all the expenses for my child that we spend per month, etc will this work on my favour, i have also taken her to childs court because she refuses that i see my daughter, i have filed a protection order for her, she undressed my daughter in the street & left her by my gate wearing panty only.
Good day The Maintenance Court would have to make an order that is fair. The amount would be according to your means. You need to provide your finances to the court. If the child does not need the amount, the court won’t order you to pay it. If the amount is R 5000 and you cannot afford it, the court won’t order you to pay it.,2763, I want to find out at what age will you Stop paying child maintenance and at which age. There is no specific age. When the child is no longer self-supporting, then it comes to an end.Hi what if the father of my child keeps going abroad? And cannot be served with me court date? Will my case have to be dismissed.
Good day Not it won’t be dismissed. The court will keep on trying to serve him. If he lives overseas, the court can still assist you.Hi i have a 5 years old baby boy and I am still studying and the father of my son doesn’t want to help me with our son school fees ,transport and speech therapist fees and my son has speech problem which he see a doctor for….my question is should I go with the papers that shows that my son has speech problem to maintenance court.
Good day Yes, take with all relevant documents to show what income and expenses you have for the child. Proof that he has sees a speech therapist would be useful in case he disputes it. I am Sam, i have two yrs boy with my gf who we are both staying together, surprisingly i got subpoena from maintenance court where she demand R2000. since the birth of our son i have never skipped giving her money least been R800.my net pay is around R800. do you think is this fair as have other children that i’m still supporting and taking care of, i think she took advantage of me as i come from Lesotho, i will highly appriciate your advice.,2799, Good day She has the full right to take you to the maintenance court. The could would then look at all the facts and decide if her application is warranted. If she does not need R 2000, the court would not order you to pay. The applies if he needs, it, but you cannot afford. Please advise why is that the mother has to be primary caregiver and not the father,why is it that the gets preference?
Hi Daddy Dearest perhaps lets be realistic here and be honest, why were you deemed unsafe for your daughter?is all this really the truth or the truth you want people to believe? it is always best to be honest when looking for advise so people can give you the correct advice.please do give feedback on what the court says because you can not fool the courts. Hi Daddy Dearest perhaps lets be realistic here and be honest, why were you deemed unsafe for your daughter?is all this really the truth or the truth you want people to believe? it is always best to be honest when looking for advise so people can give you the correct advice.please do give feedback on what the court says because you can not fool the courts. There is no law that says the mother must be the primary caregiver. The law looks at what is best for the child for a specific situation.,2825,Hi i have 14 boy son with my ex girlfreind but now i am married i havee been supporting my child since he was bornbut now his mother demand R2000for mintanance i have 3 kids to take off i only getting 6800 a month i also heve 3 tree children to look after she also have 5 months old babe which is not mine petrol to go to work support my family as i am the only one workingassist me qith any advice.
Good day You would pay what is reasonable, and what you can afford. If the mother believes that you are not paying enough, she must take you to the maintenance court and they would decide what is a fair amount. Hi, I have a 4 year old daughter and the dad has never contributed since birth of the child and I have told him many times to help with finances with no luck. Now my daughter is going to school next year and I told him he needs to contribute because I’ve been doing this all alone and I can’t anymore. He asked me how much I want hi to contribute and I said R1.500 every month which will go to school fees because I can take care of other things and he told me that there’s some problems at his work coz they haven’t been paying them for months now and they were striking and now he’s looking for a job. Then I asked him how much is he willing to contribute now? He said R500 for now and he’ll make sure that he gets a job before the end of this year and will contribute the required amount next year. My question is, if he cant get a job now and I need him to contribute R1.500, what must I do? He also told me that he’s paying for a car and all that! Pls advise. Thanks Good day We advise that you approach the maintenance for a maintenance order. They will deal with the matter and determine what is a fair amount.
I have a daughter who is 3 years old. I’m having a problem the father of my daughter doesn’t support the baby every month he only deposit the money when he want. I am afraid he can leave South Africa without support her. He is from Swaziland. We advise that Continue Reading
Relocation of minor children with a parent. What does the Courts and Family Advocate look at?
Relocating with your minor child where the consent of the other parent is provided is ideal. If consent is not provided, then the Court would need to get involved. This applies to both local (example, provincial relocation) and international (moving abroad). Our High Court often hear applications for relocation of minor children. Sometimes the issues are simple, and other times, less so. However, the ultimate question is whether or not it is in the minor child’s best interest.High Court getting involved in minor children relocation matters
In the unreported judgment of CG v NG 2015 JDR 0391 (GJ), the Applicant, being the mother, approached the Gauteng High Court for permission to relocate with her minor children from Gauteng to Cape Town. We shall not deal with the history and all the facts of the matter, save for the important principles applied to the relevant facts. In this matter, the Office of the Family Advocate was called upon to provide a report as to the intended relocation. This they did and which the Court considered. That is illustrated in the judgment below.Extracts of a Judgemnet of the High Court in a Relocation of minor children matter
The following aspects of the judgement would be of benefit:[22] The ruling on the postponement leaves this court to deal with the only remaining issue between the parties and that is whether or not the Applicant should relocate to Cape Town with the minor children. The law on matters of relocation is clear. The relocation must be in the best interest of the minor children as is prescribed in the Children’s Act No. 38of 2005. In addition, an applicant in the position of the Applicant is at liberty to relocate with minor children provided his or her intention is bona fide and reasonable. The test applies to both relocation within the borders of South Africa and abroad. See Jackson v Jackson 2002 SA 303 (SCA) and B v M 2006 (9) BCLR 1034 (W) to which Counsel for the Applicant referred this court. [23] Accordingly, the following two questions arise: 23.1 Is the proposed relocation in the best interest of the minor children? 23.2 Is the Applicant’s intended move bona fide and reasonable? [24] Whether or not an applicant’s proposed move is bona fide and reasonable should be a factual enquiry. Needless to state therefore that each case must be assessed on its own merits. The Applicant has been living in Johannesburg, xxx, while married to the Respondent and to date she continues to do so. [25] Her relationship with the Respondent has become estranged a result of which she now holds the view that it will benefit her to be next to her family, mother, father brother and sister-in-law all of whom are in the area of Cape Town, xxx. [26] Her family will give her the emotional support that she cannot get in Johannesburg. Furthermore, once the minor children are settled, her mother will give her support by fetching them from school such that she could start looking for employment. [27] As the primary custodian parent of the minor children, her move to Cape Town will of necessity be in their best interest. She does not see herself being separated from them as that will prejudice her relationship with them. Her proposed move to Cape Town is supported by her psychologists, Ms Becker and, Ms Chelvers. [28] The Applicant asserts further that the Respondent whom she describes as ‘exceedingly wealthy’ can still exercise his rights as per the orders of Van Oosten and Victor JJ. She does not foresee any problems whether financially or otherwise for The Respondent to fly to Cape Town to see the children as he does presently in Johannesburg. [29] In response to the Applicant’s averments, the respondent alleges that it will not be possible for him to travel to Cape Town on a weekly or monthly basis as this will necessarily involve increased costs for him. Moreover, it will take him away from his only source of income, his work. [30] The relocation of the minor children means that he will have to seek accommodation in Cape Town, transport and time off work in order to exercise his rights. His ability to generate income will be immensely impaired and that could have devastating repercussions for both the minor children and the Applicant especially as she is unemployed and fully dependent on the monthly maintenance that he pays. [31] The Family Advocate unequivocally recommends that the status quo be maintained because to move the minor children to Cape Town will reverse the stability that has prevailed since the introduction of the increased access by their father. The Applicant herself has agreed that all three minor children like their father and that they cannot wait to visit him. The Family Advocate also alludes to the fact that Gabriel, the eldest of the minor children appears settled with her friends at school. [32] Moving them to Cape Town under these circumstances could upset their routine and bring unnecessary shock to their lives at the time when they are beginning to settle. The Family Advocate is an expert in these kind of matters and he undoubtedly compiled the report with the best interest of the minor children in mind. This court has no reason to doubt the outcome and accordingly adopts it. [33] In the result, the following order is made:
The application is dismissed;
The Applicant is ordered to pay the costs as between attorney and client.
From the above it is clear that the Court looked at various factors, as well as the report of the Office of the Family Advocate.
The application is dismissed;
The Applicant is ordered to pay the costs as between attorney and client.
Relocation of minor children with a parent. What does the Courts and Family Advocate look at? Relocating with your minor child where the consent of the other parent is provided is ideal. If consent is not provided, then the Court would need to get involved. This applies to both local Continue Reading