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

Family law legal matters can be very stressful. This is so whether you live in Zwelitsha 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 Zwelitsha. 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 Zwelitsha or any other city in South Africa.

What to do before visiting the Zwelitsha Children’s Court

Before you approach the Children’s Court in Zwelitsha, 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. Zwelitsha 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 Zwelitsha 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 Zwelitsha Children’s Court

The Zwelitsha Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Zwelitsha 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 Zwelitsha 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 Zwelitsha.

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 Zwelitsha Children’s Court

Once you complete the Form A and submit it to the Clerk of the Zwelitsha 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 Zwelitsha 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 Zwelitsha Children’s Court

Once the Zwelitsha 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 Zwelitsha 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, Zwelitsha, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Best advice on finding a top divorce lawyer for your case in Cape Town

Do you live in Cape Town, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else.

However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Cape Town or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced.

Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for your divorce matter that can adequately and properly advise you or handle your divorce. The advice would apply whether you live in Cape Town or anywhere else in South Africa. The issues we shall deal with are the following.

• Gender of the Advocate or attorney;
• Location of the Advocate or attorney;
• Experience of the Advocate or attorney;
• Costs of the Advocate or Attorney; and
• The personality of the Advocate or Attorney.

What is the best gender of the Advocate or Attorney I need to use for my divorce? Is a male or female better?

Generally, the gender of your Advocate or Attorney should not play a role at all in a legal matter. However, depending on your background and the issues involved in your divorce, you may prefer a specific gender where you may feel more comfortable. A female who has been emotionally, physically and psychologically abused may be more comfortable with a female Attorney or Advocate. However, the same female client may prefer a male Advocate or Attorney. No more will be said on this issue.

What is the ideal office location of the Advocate or attorney? Does it have to be in Cape Town?

The location or office of your attorney or Advocate is essential if you wish to consult with them in person. It is also ideal, but not necessary, for their offices to be close to the Court where the divorce would be handled. However, many lawyers make use of correspondent lawyers for this purpose. Furthermore, location should not be an issue if you want a specific lawyer to handle your case. This is so especially seeing that people are making use of virtual meetings.

What level of experience should the Advocate or attorney have?

It is important to remember that not all legal matters require the best lawyer. If your divorce is straightforward, finding the best lawyer in the field is unnecessary. The best may be very busy and lack the time to give your case the attention it deserves. However, if your matter is complicated, then in that case, the most experienced and best lawyer out there is not warranted.

What about the Costs of an Attorney or Advocate?

For many, the costs of the Attorney or Advocate are the most crucial consideration when it comes to enlisting their services. Usually, the more experienced the Attorney or Advocate, the more they would charge. Another aspect that affects costs is the nature of the expertise of the Advocate or Attorney. If the issues in your matter are highly technical and complicated, an Advocate or Attorney with expertise and experience may charge more. 

What about the personality of the Advocate or Attorney?

Many may discard the Advocate or Attorney’s personality as not important. However, it is essential to note that it may be time to change lawyers if you do not get along well with the Advocate or Attorney because of their personality. A lawyer and their client would develop a professional relationship in family law matters. This is especially so when the lawyer must discuss many personal issues regarding you, your marriage, children, finance, spouse etc. If you cannot get along well with your Attorney or Advocate, you may not divulge important information relevant to your case.

What is our best advice to a client looking for an Advocate or Attorney in a divorce matter?

Considering all the factors mentioned above, before enlisting the services of an Advocate or Attorney, ensure you enlist the right one. Do not look for the most experience or best, or the top one in family law. You may have to change lawyers if you do so and cannot afford legal bills. Therefore consider the above and any other factors that you may consider necessary when deciding on enlisting the services of an Advocate or an Attorney. Best of luck.

Could you provide me with an explanation of how a quick divorce works and what steps are involved in the process?

How does a quick divorce work?

1. Meet with the advocate or attorney,
2. draft the settlement agreement,
3. issue the divorce summons, serve the summons on the defendant,
4. set the divorce down for hearing,
5. and get divorced at court.

Searching for a good divorce lawyer

I want to get a divorce from my spouse. I am not happy. What are frequently asked divorce questions in South Africa?

What is the cheapest way to get a divorce in South Africa?

• The least expensive method for obtaining a divorce in South Africa is through an uncontested divorce, where both parties agree on all terms.

How long does it take for a divorce in South Africa?

• The duration of a divorce process in South Africa varies, but on average, it takes about 2 to 4 months to finalize an uncontested divorce. Contested divorces may take longer due to legal proceedings.

What is the wife entitled to in a divorce in South Africa?

• In a divorce in South Africa, the division of assets and spousal support is determined by various factors, including contributions to the marriage. There is no fixed entitlement for the wife, as each case is unique.

How much is an uncontested divorce in South Africa?

• The cost of an uncontested divorce in South Africa depends on factors such as legal fees and sheriff expenses. It can range from a few thousand to several thousand rand.

How can I get a quick divorce in SA?

• Opting for an uncontested divorce, where both parties agree on terms, and having all necessary documents prepared and submitted promptly can expedite the divorce process in South Africa.

Who pays for divorce fees in South Africa?

• The responsibility for covering divorce fees in South Africa is typically shared between the spouses, but the specific arrangement may vary based on the agreement reached during the divorce proceedings.

Can I divorce my husband without him knowing in South Africa?

• No, a divorce in South Africa requires legal notice to the other party. The spouse must be properly served with divorce papers, ensuring they are aware of the proceedings.

Can I divorce without my partner?

• While divorce generally involves both parties, if your partner refuses to participate, you may proceed with a divorce, but it could become a contested case, potentially prolonging the process.

How long do you have to be separated before divorce is automatic in South Africa?

• There is no automatic divorce in South Africa solely based on separation.

Who loses more in a divorce?

• The impact of divorce varies, and there is no definitive answer to who loses more. Both spouses may experience emotional, financial, and lifestyle changes as a result of divorce.

What will I lose if I get divorced?

• Depending on how you are married, in a divorce, assets, property, and debts are typically divided between spouses. The specific outcomes depend on various factors, including the legal agreements reached during the divorce proceedings.

Am I responsible for my husband’s debts if we divorce in South Africa?

• Only if you were married in community of property.

What is the cheapest way to get divorced?

• The most economical way to get divorced is through an uncontested divorce, where both parties agree on terms, reducing legal fees and court costs.

How do I start a divorce process?

• To initiate a divorce process in South Africa, you typically need to consult with an attorney, who will guide you through the necessary steps, including filing a summons at the appropriate court.

How long does a free divorce take?

• While a free divorce might refer to a DIY or uncontested divorce with minimal legal fees, the duration varies, but it may take around 4 to 8 months on average.

Who suffers the most in a divorce?

• The emotional and financial impact of divorce can affect both spouses, and the degree of suffering varies based on individual circumstances.

Is divorce bad for finances?

• Divorce can have financial implications, potentially leading to the division of assets and increased living expenses. However, careful planning and legal guidance can help minimize the financial impact.

How do I protect myself financially from my spouse?

• To safeguard your financial interests in a divorce, consult with a divorce attorney, gather financial documentation, and consider reaching a fair settlement through negotiation or mediation.

How to get a free divorce in South Africa?

• While a completely free divorce may be challenging, you can reduce costs by opting for an uncontested divorce, using DIY divorce kits, or seeking legal aid if you meet the eligibility criteria.

How can I get a quick divorce online?

• Online divorce services may provide a quicker process for uncontested divorces. Research reputable online platforms, follow their procedures, and ensure all necessary documentation is submitted promptly.

How can I avoid divorce at all costs?

• Avoiding divorce involves open communication, seeking counseling if needed, and addressing issues early on. However, it’s essential to recognize situations where divorce may be the best option for all parties involved.

Can you get divorced without going to court in South Africa?

• No, one party would need to go to court to provide evidence.

Can you get divorced at Home Affairs?

• No, Home Affairs does not handle divorces in South Africa. Divorces are filed and processed through the legal system, with the involvement of the appropriate court.

Who should file for divorce first in South Africa?

• Either spouse can initiate divorce proceedings in South Africa. The decision on who files first often depends on individual circumstances and legal strategies.

Can I get divorce papers online in South Africa?

• Yes, online platforms and legal services can provide divorce documents in South Africa. Ensure that the chosen service is reputable and complies with the country’s legal requirements.

• Yes, you need a divorce certificate/Order to remarry in South Africa. This document serves as proof that your previous marriage has been legally dissolved.

What are the stages of divorce?

• The stages of divorce typically include filing a summons, responding to the summons, negotiations or court proceedings, and the finalization of the divorce decree.

What happens if one person in a marriage doesn’t want a divorce?

• If one person opposes the divorce, it may become a contested case. The court will assess the reasons for opposition and make decisions based on legal principles.

What happens if one person says no to divorce?

• If one party refuses to consent to the divorce, the case may become contested. The court will then evaluate the grounds for divorce and make decisions accordingly.

What if I don’t want a divorce but my husband does?

• If one spouse wants a divorce and the other does not, it may lead to a contested case. Legal proceedings will follow to address the disagreement and determine the outcome.

Where do I go to get divorce papers in South Africa?

• You can obtain divorce papers from an attorney, legal aid services, or reputable online platforms that specialize in providing legal documents for divorce in South Africa.

I require a law firm to assist me in my Appeal or Review matter.

What are your contact details?

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

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