Frequently Asked Questions and Answers on Prenuptial and Ante-nuptial Contracts

How does a pre-nuptial contract work?

How many years is a prenuptial agreement good for?

What is a prenuptial agreement in marriage?

How long should you wait to get married after signing a prenup?

Can you get a prenup after you get married?

Can a prenuptial agreement be overturned?

How much does it cost to get a prenuptial agreement?

Can a will override a prenup?

What good is a prenup?

What are ante-nuptials?

Can you do a prenuptial agreement after marriage?

Can a prenuptial agreement be voided?

How long does it take to draw up a prenuptial agreement?

Can you get a prenup for future assets?

Can a prenup protect future inheritance?

Is my husband entitled to half my inheritance?

How much money can you inherit before you have to pay taxes?

Can you get a postnuptial agreement?

How do you get a prenuptial agreement?

Are post NUPS legal in South Africa?

Are postnuptial agreements valid in Cape Town?

What does a postnuptial agreement mean?

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?

Relocation with my minor child to Russia, Moscow (Consent and Refusal) – Advocate Muhammad Abduroaf

Relocation of your minor child to Moscow, Russia

What about Passport Consent to travel or relocate to Moscow, Russia?

What are the steps to follow when I want to relocate to Moscow, Russia with my minor child? There is there another parent.

What can I do if the other parent does not want to consent to the minor child’s relocation to Moscow, Russia?

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?

Getting legal assistance or help with your relocation application to Moscow, Russia

Legal Resources and Advice regarding emigration and relocation from South Africa to the UK, USA etc.

• 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

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.

How much does it cost to hire a lawyer in South Africa?

What does a family lawyer do in South Africa?

Is it possible to find a pro bono lawyer in South Africa?

What is the difference between a lawyer and an attorney in South Africa?

1. 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.
2. 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.
3. 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.

How much does an advocate charge per hour in South Africa?

What is the cost of a suit in law?

1. Type of Case: Legal fees differ depending on whether it’s a civil, criminal, family, or corporate matter.
2. Experience of the Lawyer: More experienced attorneys or advocates may charge higher fees.
3. Billing Structure: Some lawyers charge hourly rates, while others may offer fixed fees or contingency arrangements (especially in personal injury cases).
4. Geographical Location: Fees may be higher in urban areas like Johannesburg or Cape Town compared to smaller towns.

• 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.

Is the Family Advocate accessible?

1. Application: You can apply to the Family Advocate’s office directly. This often involves submitting specific forms related to your case.
2. Court Referral: In some cases, the court may refer you to the Family Advocate for assistance in mediation or investigation.
3. Contact Information: Each province has a Family Advocate’s office, and you can find contact details online or through local court offices.
4. 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.

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.

I have been paying my maintenance ( avoiding more blackmail) since birth though not in time but never skipped a month for the past 05yrs.

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

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.

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…

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.

If 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.

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..

If 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.

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,

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.

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.

1. 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?

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.

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.

We 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.

I would like to ask, I have been divorced for 4 years with court order and settlement agreement in place.

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.

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)

The 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.

As 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, 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?

The 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.

This is what I’m facing below, I don’t remember having an agreement with the COURT during the case

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.

We agree you should have an equal say in the decisions that affect the children.

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.

It 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.

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.

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.

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.

 Please advise why is that the mother has to be primary caregiver and not the father,why is it that the gets preference?

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.

I want to relocate from South Africa to Qatar with my minor child. The other parent does not want my child to relocate to Qatar. What can I do?

Why do I require the other parent’s Consent to relocate to Qatar?

What are Parental Responsibilities and Rights of a parent in relation to a child?

When would the other parent be seen as a guardian in the case of a relocation matter to Qatar?

Mother’s Consent for relocation of the minor child to Qatar

Married father’s Consent for the relocation of the minor child to Qatar

Consent of unmarried fathers for the relocation of their minor children to Qatar.

What do you do if the other parent does not want to consent to the minor child relocating to Qatar?

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Rustenburg.

Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.

Claiming child maintenance for your child in Rustenburg

Whether you claim child maintenance in Rustenburg, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Rustenburg.

The maintenance scenario – Rustenburg South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

1. The Child is seven years old and attends school in Rustenburg
2. The child is cared for by the mother who works in Rustenburg
3. The mother works and earns a Salary of R 10 000
4. The father sees the child every second weekend. He also lives and works in Rustenburg
5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
7. The mother claims R 4 000 – 00 maintenance as the father earns double her salary

What is the first step the mother must take in claiming child maintenance?

The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.

How does she start the legal process?

The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Rustenburg, it would be the maintenance court in Rustenburg. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.

What do you do while waiting for the maintenance court date?

While you wait to be informed of the court date by the Maintenance Court of Rustenburg, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.

What happens at the first court appearance at the Rustenburg Maintenance Court?

Once you have been notified of the maintenance court date by the Rustenburg Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.

The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.

How does the Maintenance Court hearing or trial work in Rustenburg?

Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.

At the end of the day, the Rustenburg Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Rustenburg Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.

The above child maintenance application principles should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha

Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Rustenburg, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

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

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

What to do before visiting the Hopefield Children’s Court

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

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

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 Hopefield Children’s Court

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

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

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

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

What to do before visiting the Kuruman Children’s Court

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

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

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 Kuruman Children’s Court

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

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

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

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

What to do before visiting the Benoni Children’s Court

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

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

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 Benoni Children’s Court

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

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