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[caption id="attachment_10835" align="alignnone" width="656"]Relocation consent Court Order for minor child to Qatar - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to Qatar – Advocate Muhammad Abduroaf[/caption]

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?

Qatar is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to Qatar, if a minor child will be joining that parent and also relocating to Qatar, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to Qatar. Before we do so, let us list the various cities and towns in Qatar to which you may want to relocate: Doha, Abu az Zuluf, Abu Thaylah, Ad Dawhah al Jadidah, Al `Arish, Al Bida` ash Sharqiyah, Al Ghanim, Al Ghuwariyah, Al Hilal al Gharbiyah, Al Hilal ash Sharqiyah, Al Hitmi, Al Jasrah, Al Jumaliyah, Al Ka`biyah, Al Khalifat, Al Khor, Al Khawr, Al Khuwayr, Al Mafjar, Al Qa`abiyah, Al Wakrah, second city, Al `Adhbah, An Najmah, Ar Rakiyat, Al Rayyan, Ar Ru’ays, As Salatah, As Salatah al Jadidah, As Sani`, As Sawq, Ath Thaqab, Blaré, Dukhan, Ras Laffan Industrial City, Umm Bab, Umm Sa’id, Umm Salal Ali, Umm Salal Mohammed. (https://www.wikiwand.com/simple/List_of_cities_in_Qatar)  

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

According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to Qatar. Here we refer to section 18 of the Children’s Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights  (1) A person may have either full or specific parental responsibilities and rights in respect of a child.  (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right-  (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child.  (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must-  (a) administer and safeguard the child’s property and property interests;  (b) assist or represent the child in administrative, contractual and other legal matters; or  (c) give or refuse any consent required by law in respect of the child, including-  (i) consent to the child’s marriage;  (ii) consent to the child’s adoption;  (iii) consent to the child’s departure or removal from the Republic;  (iv) consent to the child’s application for a passport; and  (v) consent to the alienation or encumbrance of any immovable property of the child.  (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the Consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Now let us explain what Parental Responsibilities and Rights are.

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

As can be seen from section 18(2) of the Children’s Act, when we refer to Parental Responsibilities and Rights, we refer to the following: (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child. Therefore, if a parent has parental responsibilities and rights over a minor child, and accordingly, rights of guardianship, their Consent is required when it comes to issues of guardianship. As seen from section 18(3)(c) of the Children’s Act above, both parents’ Consent is required should a minor child depart from the Republic of South Africa. In this case, to emigrate to Qatar. Even if the minor child only wants to go for a short holiday to Qatar, both guardians’ Consent would be required.

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

It must be noted that not all parents are legal guardians over their minor children. We should therefore distinguish between married or divorced parents and parents who were never married. As you would see below, usually married, or divorced parents’ Consent would be required for a minor child to relocate or emigrate to Qatar. However, that does not automatically apply to parents who were never married. This could be because the child could have been born from a brief encounter and never met his or her father. It would not make sense that a parent who never met his or her 15-year-old child, should give Consent for relocation to Qatar.

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

Section 19 of the Children’s Act deals with the Parental responsibilities and rights of mothers. It states the following: 19 Parental responsibilities and rights of mothers  (1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child.  (2) If-  (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and  (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child.  (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement. As seen from section 19(1) of the Children’s Act, in most cases involving the relocation of a minor child to Qatar, the mother’s Consent is required as she has full parental responsibilities and rights over the minor child.

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

Section 20 of the Children’s Act deals with Parental responsibilities and rights of married fathers. It states the following: 20 Parental responsibilities and rights of married fathers The biological father of a child has full parental responsibilities and rights in respect of the child- (a) if he is married to the child’s mother; or (b) if he was married to the child’s mother at (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth. As can be seen from sections 20 (a) and (b) of the Children’s Act, if the father and the mother were married, or are married, then his Consent is required for the minor child to relocate to Qatar. Of course, an exception to this would be should a court of law order otherwise. This would be the case should the parents be divorced and the divorce court ordered that only the mother may act as guardian. Next, we deal with the issue of an unmarried father’s Consent to relocate a minor child to Qatar.

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

Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. The section states the following: 21 Parental responsibilities and rights of unmarried fathers  (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child-  (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or  (b) if he, regardless of whether he has lived or is living with the mother-  (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law;  (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and  (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.  (2) This section does not affect the duty of a father to contribute towards the maintenance of the child.  (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person.  (b) Any party to the mediation may have the outcome  of the mediation reviewed by a court.  (4) This section applies regardless of whether the child was born before or after the commencement of this Act. As can be seen from the latter sections, a father of a child born out of wedlock does not automatically have parental responsibilities and rights over his minor child. He may however acquire those parental responsibilities and rights over his minor child if he is materially involved in the child’s life. That would be where the father and the mother were in a permanent life partnership when the child was born or he is meaningfully involved in the child’s life, as outlined above. We shall not go into much detail regarding that. However, in most cases, if the father had regular contact with the child and paid child support, he would have acquired parental responsibilities and rights over the minor child.

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

Suppose the other parent also has parental responsibilities and rights over the minor child, and he or she does not want to consent to the relocation of the minor child to Qatar, then in such a case, the Court needs to be approached. Here I refer you back to section 18(5) of the Children’s Act referred to above where it states: (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Therefore, after your Court Application has been launched an both sides have been heard, the Court would make the necessary Order. If you are successful in your application for the relocation of your minor children to Qatar, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10834" align="alignnone" width="667"]Relocation consent Court Order for minor child to Qatar - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to Qatar – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10835" align="alignnone" width="656"]Relocation consent Court Order for minor child to Qatar - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to Qatar – Advocate Muhammad Abduroaf[/caption]

Posted on by Telelaw

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? Qatar is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment Continue Reading

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

 

 

 

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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 Continue Reading

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

Posted on by Telelaw

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 Continue Reading

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

Posted on by Telelaw

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 Continue Reading

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

Posted on by Telelaw

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 Continue Reading

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

 

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

What to do before visiting the Graaff-Reinet Children’s Court

Before you approach the Children’s Court in Graaff-Reinet, 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. Graaff-Reinet 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 Graaff-Reinet 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 Graaff-Reinet Children’s Court

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

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 Graaff-Reinet Children’s Court

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

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

Posted on by Telelaw

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Graaff-Reinet Children’s Court   Family law legal matters can be very stressful. This is so whether you live in Graaff-Reinet or any other city in South Africa. Especially so if you Continue Reading

Welcome to Our Lawyer Legal Advice  Consultation and Services

Are you facing legal challenges and need professional guidance? Whether you’re dealing with a complex legal issue or seeking preventive advice, Our Lawyer, in conjunction with the Firm, Advocate Muhammad Abduroaf, is here to provide you with expert legal consultations and services tailored to your specific needs.

Why Choose Our Lawyer Legal Consultation Services?

  1. Legal Expertise: The Firm Advocate Muhammad Abduroaf specializes in various fields of law, including, family law, business law, criminal defence, corporate law and labour law. Benefit from our in-depth knowledge and extensive experience in handling legal matters.
  2. Personalized Guidance: Every case is unique, and we understand the importance of tailoring our advice to your specific situation. Our consultations are designed to address your concerns and provide customized legal solutions.
  3. Client-Centric Approach: We prioritize your needs and concerns. Our commitment is to provide clear, understandable, and practical advice to empower you to make informed decisions.
  4. Confidentiality: We recognize the sensitivity of legal matters. Rest assured that all information shared during the consultation will be treated with the utmost confidentiality.

How It Works:

  1. Book a Consultation online: Click on this link to book your legal consultation. Choose a date and time that suits your schedule.
  2. Payment: Our consultation services are affordably priced. Complete your payment securely online to confirm your appointment.  An email will be sent to you with various payment options after you complete the online form.
  3. Case Evaluation: After booking, we will receive a brief background of your case which you provided to us in the online form. This allows us to conduct a preliminary evaluation and ensure that the consultation is productive.
  4. Consultation Day: At the appointed time, we will connect with you, either face to face, by telephone or via Video, for an in-depth discussion of your legal concerns. We’ll answer your questions and provide insights into your legal situation.

Our Areas of Legal Expertise:

  • High Court matters

    • Civil claim surrounding money;
    • Interdicts;
    • Divorces (Opposed and unopposed);
    • Child Custody and guardianship disputes;
    • Relocation of minor children;
    • Various criminal matters;
    • Minor children’s surname changes;
    • Appeals and Reviews; and
    • Other matters.

    Magistrates Court matters

    • Civil claim surrounding money;
    • Various criminal matters;
    • Interdicts;
    • Maintenance Court matters;
    • Divorces Court matters (Opposed and unopposed)’
    • Children’s Court matter; and
    • Other matters.

    Constitutional Court

    • Appeals

    Supreme Court of Appeal

    • Appeals and Reviews

Schedule Now for Legal Clarity!

Click here.
Posted on by Telelaw

Welcome to Our Lawyer Legal Advice  Consultation and Services Are you facing legal challenges and need professional guidance? Whether you’re dealing with a complex legal issue or seeking preventive advice, Our Lawyer, in conjunction with the Firm, Advocate Muhammad Abduroaf, is here to provide you with expert legal consultations and Continue Reading

[caption id="attachment_7072" align="alignleft" width="229"]Advocate Muhammad Abduroaf High Court Advocate South Africa Advocate Muhammad Abduroaf High Court Advocate South Africa[/caption]

Find the best Attorney, lawyer, or Trust Account Advocate in Cape Town

Everyone wants the best legal advice and services available. However not many of us know how to find a good or a reliable Attorney or Advocate when facing a legal problem. This article deals with the best way to find a Lawyer, Attorney or Advocate to assist you in resolving your legal problems.

Types of Lawyers – Attorneys and Advocates

You get many types of Lawyers. Some are good at some things and others are good at others. However, depending on your legal problem, a general Lawyer, Attorney or Advocate may not be the best person to speak to when handling your matter. Sometimes you will require an expert in the field. This would especially be so when dealing with specialist legal problems and where the stakes are high. These problems would include those of family law, business law, and criminal law. The fields mentioned, our specialist fields where you require a Lawyer or an Attorney with have special knowledge and skills in that field. Read on for some tips on how to find the best Attorney, or Lawyer for your legal problems.

How to find the best attorney or lawyer for your Legal problems?

For most, the starting point in your search to find a good Lawyer would be to do a simple search on the Internet for a good Lawyer, Advocate or Attorney in your area. You obviously do not want to find someone in another province. You may want to Google terms like “Attorney for child maintenance cape town” or “criminal law expert Durban”. Once you found somebody or a firm that meets your requirements, give them a call to see if they can assist you or advise you on your legal issue. You would most probably first speak to a receptionist. If you are satisfied, set up a consultation with them. Look for testimonials and other information of the law firm on the web before engaging with them. If you require legal advice, then most Lawyers should be able to provide you with it. However, if it relates to a Court case, then you may have to arrange a meeting with one or two more first to ensure that you are happy. You initially thought the web and telephone would limit your search and time spend sourcing that right Lawyer for the job.

Fees / Costs of the Lawyer

The costs of legal services are just as important as the costs of a medical procedure. We all want the best, but that is not something that can always be afforded. But at the same time, you do get very good Lawyers who are not expensive and are reasonable in their fees. As it would be impossible for any legal practitioner worth her salt to provide you with the exact figure for a legal case; an estimate is always possible and welcomed. Lawyers usually charge on a time basis. Therefore, if they work on your file for an hour, they will charge you for an hour. It is therefore important to find out what the lawyer’s rate is and how he or she charges. A fee agreement is usually entered into regulating the fees. The usual practice is for Attorneys to request a deposit beforehand. This deposit would be paid into the attorney’s trust account.

Final words of sourcing a lawyer

No two clients are alike. The same applies to lawyers. It is important that you make use of the services of a Lawyer you can get along with, and also that fits your pocket or budget. The last thing you want is for you or your Lawyer to terminate the mandate due to issues between the two of you. This would not benefit your case at all and could costs you or your case dearly. As stated, make use of the internet to source your Lawyer. Many Lawyers list their services and expertise on their firm’s website. Some websites even provide testimonials of satisfied clients. However, it is advised that you contact the law firm telephonically to find out more about the specific service you require and whether they can be of service to you. You would then want to meet with them to discuss your case and see if there are the right firm for the job and fit your budget. We are conveniently situated at The Pinnacle, corner of Strand and Burg Street in the CBD, Cape Town, South Africa. Make use of our online appointment system which is efficient and stress free. Call our offices for an online appointment today.

Posted on by Telelaw

Find the best Attorney, lawyer, or Trust Account Advocate in Cape Town Everyone wants the best legal advice and services available. However not many of us know how to find a good or a reliable Attorney or Advocate when facing a legal problem. This article deals with the best way Continue Reading

I am currently married in terms of Muslim Rites. I want legal assistance regarding my divorce. What can I do?

In South Africa, there are close to a million Muslims. That is a minimal number compared to the entire population of South Africa. When a Muslim gets married, they need to follow the prescripts of Islam. The same applies to when they get divorced. This would either be via a Talaq of Faskh or other lawful manner. Therefore, lawyers would not get involved regarding the issue of the actual Talaq of Faskh. Lawyers would, however, get involved in property aspects or issues regarding minor children. This is what this article will deal with.

How do I resolve property disputes post-my Muslim marriages?

Spouses married in terms of Muslim Rites in South Africa would own their property. They are, therefore, not married in community of property where all their assets and liabilities are shared. In an Islamic marriage, the wife would own her property, and the husband would own his property. It can be compared to being married out of community of property without the accrual regime. Therefore, unless your spouse owes you money or you want to resolve the issue of a jointly owned property, there would not be a claim against your spouse’s estate. If there is a specific reason why you think you are entitled to claim from the estate of your spouse at the time of your Muslim marriage divorce, then we strongly recommend you consult with a lawyer in this regard—for example, Universal Partnership.

How do I resolve Child Care and Contact disputes post-Muslim marriage?

There is no distinction between the rights and responsibilities of parents or children who marry each other in terms of Muslim Rights or Civilly (in Court or terms of the Marriage Act). Therefore, your case would be dealt with just as if you were married to your ex-spouse in terms of the laws of South Africa. However, because your marriage was dissolved in terms of a Faskh or Talaq, or not via a divorce court (where parental rights are dealt with at the divorce), you would need to resolve any disputes regarding care and contact after the Faskh or Talaq in a Court or law. You may either approach the Children’s Court or the High Court.

How do I resolve child Maintenance disputes, post-Muslim marriages?

Whether parents are married or not, their obligations towards the maintenance of their children remain the same. In other words, a person who was married in terms of Muslim Rites or Civil law has no greater or lesser obligation to maintain their child than a parent who was not married. Unless a court dissolves your marriage and resolves the issue of child maintenance, you would need to approach the maintenance court for a maintenance order. In the case of a Mulsim divorce, that would happen after the Faskh or Talaq was finalised. However, any parent can approach the maintenance court for child maintenance at any time. They can do this while married, separated or after their divorce. You can also approach the court for a variation of the maintenance order for either an increase or decrease in child maintenance.

Do you require assistance with the legal issues regarding your Muslim marriage and divorce (Faskh or Talaq)?

Please get in touch with us if you require legal assistance with any aspect of your Muslim Faskh or Talaq. You may schedule a consultation using the link www.ourlawyer.co.za/advice.

Posted on by Telelaw

I am currently married in terms of Muslim Rites. I want legal assistance regarding my divorce. What can I do? In South Africa, there are close to a million Muslims. That is a minimal number compared to the entire population of South Africa. When a Muslim gets married, they need Continue Reading

How to win your child custody (care) and access (contact) court case – Tips and Tricks

Purchase a Consultation with us from our Online Shop, by clicking here. Legal matters concerning children are never simple. There is no manual that one can pull out for answers. This is so because all matters concerning a child are different. This is where the wisdom of experts becomes of use. What follows are some of the tips and advice-child-maintenance-child-custody-divorcetricks provided by Advocate Muhammad Abduroaf, a family law expert with more than a decade of experience on family law, divorce, child custody and child maintenance matters. Read on to find out some tips and tricks of the trade. Valuable advice is given on what to do through the child custody court process. Visit here for tips and tricks on how to win your child maintenance case. All families are different, with their own dynamics, challenges and issues. A 10-year-old child in one case with living conditions, parents, siblings and mental development would be different than that of another child. All that one has to work with is the concept of a child’s best interests. That is the challenge. How do you determine what is in the child’s best interest? Well luckily, that is for the experts to decide. The Social Worker, Psychologist or Judge would have to make the call. What this article does is provide some tips and tricks on how to present a case that the experts would more than likely follow.

Parental Responsibilities and Rights

Child custody is only one aspect of a parent’s Parental Responsibilities and Rights. There are a few articles written by Advocate Muhammad Abduroaf on the topic of Parental Responsibilities and Rights. A simplified definition would be that Parents have an obligation to look after the child, feed and care for him or her, and the right to have contact and a say over the child’s life. Due to the concept of parental responsibilities and rights being so broad, this article would deal with the term, custody. Please note that a better legal term for custody would be care, and for access would be contact. However, for simplicity, we shall use the terms custody and access to children.

What mistakes parents make

There is a range of mistakes parents makes when dealing with child custody matters. This article deals with the most common mistakes made.

Badmouthing the other parent

When a couple is together, either through marriage, or a romantic relationship, their shortfalls are not an issue. For example, if a father occasionally smokes marijuana, or has shady friends and family, the mother did not have an issue with it when she met him and even had a child with him. However, when they break up, then she has a lot to say about his character. advice-child-maintenance-child-custody-divorceWhere in the past she had no problem with the father taking their child out with his friends, and now she does not want the father to even see the child. If the father is truly a danger to the child, then of course, the factor is relevant. But it would be a waste of time to focus too much on issues you were aware of before the child was conceived, and now make an issue of it.

Saying the father cannot have contact due to not paying adequate or no child support

Child support is the right of the child. And every child should obtain adequate child support from both his or her parents. However, if a parent does not pay child support, that is no reason alone to refuse him contact. Or, should he pay more child support, he would receive more contact. Maybe there are legitimate reasons why he cannot pay child support or the amount the parent wants. Maybe what the mother is claiming is excessive etc. Be that as it may, if a parent does not pay child support, the maintenance court should be approached for assistance. Should a parent refuse the other parent contact to his or her child due to not paying child support, notwithstanding the non-paying parent having parental responsibilities and rights to have contact with that child, the refusing parent is clearly showing a disregard for the law and what is in the minor child’s best interests.

Stop paying child support due to being refused contact

As stated, each parent should maintain their child according to their means. If one parent refused another parent contact; this does not afford you the right to not pay child support. You should not withhold child support, but pay it and approach the relevant court or authority for assistance and relief. This would show that you are a reasonable parent knowing what is in the child’s best interests. This the court would find favourable in your child custody case. Purchase a Consultation with us from our Online Shop, by clicking here.

Only now the father wants to have contact

There are many reasons why a father who did not play an active role in a child’s life in the past can now play such a role. This would generally be in the child’s best interests. Whatever issue the parents had in the past, should not affect the child’s right to form part of his or her parent’s lives. However, this is a very strong pill to swallow. Many a time, a mother cared for a child alone, since birth, rearing her, educating her etc., and fifteen years later, the father wants to come on the scene, and show off to the world what an awesome daughter he has. However, whatever the facts are, if a parent now wants to form part of a child’s life and it would not harm the child and be in his or her best interests, then the law would enforce that right. Therefore, the focus should not be placed on the fact that the father was an absent parent, but more on is his entry in the child’s life and in her best interests.

Other examples of mistakes parents make in child custody cases

There are many examples of mistakes parents make in child custody cases. As each case is different, a trivial factor in one case may be the deciding factor in another case. The trick is, focus on what is best for the child holistically. The judge will only give you so much time to present your case, so use it wisely.

What to focus on in Child Custody Cases

Holding what was stated above, now we need to deal with some tips on how to win your (and not lose) child custody case. Most of it is common sense, but which is often times overlooked.

Outline why you can care for the child better than the other parent

It is very important to focus on your capabilities as a caregiver. Can you care for the child better than the other parent can? You can’t just say so, you need to prove it. And how do you do that? The past is always a good starting point. State how you cared for the child since birth up until now. Demonstrate your parenting skills with how you nursed your child to health, made her get good grades. If you show that you have cared well for your child, the court would not change the primary caregiving roles very easily

Outline the problems that would arise if the court does not follow your custody recommendations

The court is limited to what you tell it. In other words, do not take for granted that the Court knows certain facts. Also, do not think that the court would feel sorry for you or sympathise with you and guess the facts in your favour. If the facts are not stated on record, you cannot presume the court knows it. Therefore, whatever information that is relevant, state it either in your affidavit or in court should you testify.

Get experts to assess and agree with you

The courts most of the time, follow the recommendations of experts. The judge, magistrate, and the attorneys and advocates are lawyers and are only skilled and trained in law. A social worker or psychologist who assessed the matter would come from the right angle and advise the court accordingly. Therefore, try to get the situation assessed by an expert.

Final words on Child Custody Cases

As each child custody case is different, a case by case assessment needs to be made as to what facts are relevant. The focus is on relevance and not on fighting personal battles with the other party. That would get you nowhere. Focus on what is in the child’s best interests and you will win your case.

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option). advice-child-maintenance-child-custody-divorceYou may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please share it on Social Media. Should you require any other legal services and advice, not related to family law, visit Private Legal. Or click here for the details of Cape Town Advocate, Muhammad Abduroaf. Purchase a Consultation with us from our Online Shop, by clicking here.
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How to win your child custody (care) and access (contact) court case – Tips and Tricks Purchase a Consultation with us from our Online Shop, by clicking here. Legal matters concerning children are never simple. There is no manual that one can pull out for answers. This is so because Continue Reading

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