Is my landlord allowed to evict me and my family during the National Lockdown if we cannot pay our rent? What are my legal rights considering COVID-19?
We are today experiencing day 99 of the South Africa national lockdown. Many people are out of work, and unable to pay their rent, mortgage bonds and so on. COVID-19 came with it a lot of challenges and drastically affected everyone’s lives. During this period, Our Lawyer received many queries regarding the eviction of people from their homes during the national lockdown. As people cannot pay their rent or monthly mortgage bond repayments, eviction is on many people’s minds.
Commercial Rent Defaulters during the National Lockdown
This article does not deal with the eviction from commercial property. For example, it would not apply to you if you are a business owner and cannot afford to pay your commercial rent. Here reference can be made to gyms, fitness centres, nightclubs, and those other businesses specifically prohibited from operating during the lockdown. As well as those businesses which are struggling to survive during the lockdown. In such a case, the current lockdown regulations won’t be of much use. You and your business would be left at the mercy of the court. Nonetheless, we are sure the courts would be sympathetic depending on your specific situation.
The default of mortgage bond payment – Do the Regulations assist?
If you are unable to pay your bond, the bank must first take you to court and ultimately be able to declare your property executable. Once this is done, then the property would be sold at a public auction. If you decided not to leave after the sale, then the new owner would have to consider eviction proceedings. At that point would this article apply to you. Now moving on.
Evictions at the start of the lockdown – What was the law then?
At the start of the lockdown, evictions where prohibited. However, now in alert level 3, things are the same, but not quite. Have a look at this article posted at the start of the lockdown, “Occupants and tenants may not be evicted from their homes during the National Lockdown. This is so even if you are in arrears with your rent or bond, or the lease has been terminated.”

Latest eviction regulations in South Africa – Has things changed?

In terms of the current Disaster Management Act Regulations, eviction orders are to be stayed and suspended until the last day of the alert level 3 period. This only relates to your home or land. The court dealing with the eviction matter may order that the eviction not be stayed and suspended if it decides that it is not just and equitable to do so until the last day of the Alert Level 3 period. However, if the court determines it isn’t just and equitable to suspend the eviction order, it may order that the eviction takes place during level 3. The regulation reads as follows:

(1) Subject to subregulation (2), a person may not be evicted from his or her land or home during the period of Alert Level 3 period.

(2) A competent court may grant an order for the eviction of a person from his or her land or home in terms of the provisions of the Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997) and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act No, 19 of 1998): Provided that an order of eviction may be stayed and suspended until the last day Of the Alert Level 3 period, unless a court decides that it is not just and equitable to stay and suspend the order until the last day of the Alert Level 3 period

Let us summaries: What does this mean to the ordinary tenant when it comes to evictions during the lockdown?

In short, your landlord, or owner of the property may approach the court to have you evicted from your home. However, should the court determine that you are an unlawful occupier of the land or premises, it would grant an eviction order, but make an order that it remains suspended until the end of alert level 3 unless the court decides that it would be just and equitable to order otherwise. Nothing, however, prevents the Minister from extending the eviction prohibition in alert level two or one when the time arrives. We will, however, have to wait and see. Read on to learn more about how evictions work. Evictions from your home must be lawful For an eviction to be lawful, the person evicting you must obtain a court order. Without a court order, the sheriff of the Court cannot remove you from your home. You can, therefore, refuse to vacate your home. During the lockdown, the sheriff of the court cannot remove you, even if he or she comes with a court order. Constitutional provisions regarding evicting people from their homes Section 25 of our Constitution states the following: “25(1) No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.” Furthermore, section, section 26 (3) of our Constitution states: “No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.”

Prevention of Illegal Eviction from Unlawful Occupation of Land Act of 19 of 1998 Therefore, for someone to be evicted, an application must be made to the court. The law applicable is the Prevention of Illegal Eviction from Unlawful Occupation of Land Act of 19 of 1998. It came into effect on 5 June 1998. In it, it lays down the procedure for the eviction of unlawful occupiers. In short, the owner or person in charge of the premises must follow the processes in the Prevention of Illegal Eviction from Unlawful Occupation of Land Act. It entails giving you notice to appear in court to say your say. The court would then decide whether or not you should be evicted after hearing both sides of the story. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Posted on 11 February 2025 by Telelaw

Is my landlord allowed to evict me and my family during the National Lockdown if we cannot pay our rent? What are my legal rights considering COVID-19? We are today experiencing day 99 of the South Africa national lockdown. Many people are out of work, and unable to pay their Continue Reading

Relocation and repatriation of minor children during the South African National lockdown. Is it possible if there is no consent from the other parent?
Many parents before the lockdown had the intention to relocate to another country. It goes without saying that whatever plans they had to relocate at the start of the lockdown, was placed on hold. Having passed day 100 of the national lockdown, things have since changed. Domestic travel has been allowed under certain circumstances and many people have been repatriated to their home countries. International travel, other than that for repatriation is allowed under certain circumstances. We advise those parents who wish to leave South Africa to consult the relevant regulations and the laws applicable to the country you wish to travel when deciding to leave South Africa.
The high unemployment rate in South Africa due to the National Lockdown
Then there is the issue of unemployment. The South African economy is not in good shape, and many businesses have closed due to the lockdown and COVID-19. Many people lost their jobs and various forms of income due to the pandemic. Not being able to work, means not being able to pay for accommodation, food, clothing and school fees, to mention a few. Those people who lost their jobs may wish to seek employment and other economic opportunities abroad. For such parents, relocation may be the best option for them and the child concerned. If repatriation is possible, this option may be better.
Gaudian consent is required for the repatriation or relocation of minor children
But what about those parents who may relocate with their minor children, but does not have the consent of the other parent. What can that parent do under those circumstances? As the law stands, both parents who have parental responsibilities and rights of guardianship must consent for the removal of the minor child from South Africa. A mother naturally has guardianship rights over her child. Father’s, on the other hand, would have full guardianship rights over the child if he was married to the mother or if he materially formed part of the child’s life. If he was just part of the conception of the child, and never married the mother, then he would not have any guardianship rights.
If no consent is obtained, then the Court should be approached
If a parent, wishes to relocate overseas, or repatriate with a minor child, and the other parent does not want to consent thereto, then the Court must be approached for the necessary consent. At the end of the day, the court would decide and look at what is in the child’s best interests. Considering the COVID-19 pandemic, this factor would now also be considered. The court would have to consider the state of the pandemic in South Africa, as well as the country to which the parent wishes to relocate, with a range of the usual factors.
Legal Articles on the relocation of minor children
Have a look at the following articles on the issue of relocation of minor children. Passport Application of a Minor Child and Consent – Department of Home Affairs Consent for a minor child for relocation and passport application Frequently asked questions regarding relocation and consent when it comes to minor children I want to relocate with my minor child. what do I need to know with regard to the law? We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Posted on 11 February 2025 by Telelaw

Relocation and repatriation of minor children during the South African National lockdown. Is it possible if there is no consent from the other parent? Many parents before the lockdown had the intention to relocate to another country. It goes without saying that whatever plans they had to relocate at the Continue Reading

Child Custody battles. What are the frequently asked questions mothers and fathers pose when it comes to children disputes?
Our courts are inundated with child custody matters. Parents who were once in love and supportive of each other, now find themselves embroiled in a very sensitive and emotional legal battle. The question that is posed; who can best care for the minor child? Is it the mother or the father? Should things remain the same, or is a change warranted. As you would see below, when deciding on where a child should primarily reside, the court would need to determine what is best for the child. The court is hardly concerned with the wishes and preferences of the parents. Their interests are secondary. However, the court has to consider all factors. That includes the domestic situation of both parents and their ability to care for the child.
I am worried about my child custody case. How can a father lose a child custody battle?
A father will lose a child custody battle if he cannot prove that it is in the child’s best interest that he has custody over the child concerned. It is important when either parent wants a change in the living arrangement for minor children, they need to focus on what is best for the kids, and not them.
I am the biological father of a 10-year-old child. What percentage of fathers win child custody cases?
That would be impossible to say. However, there is an increase in fathers “winning” child custody cases. It must be stated that each custody case is different. Therefore, unless the facts favour a parent having custody over the other, the status quo would remain. Moreover, a father who does not have a case to start with will lose his case. The same would apply to a mother should the father have primary care over the child.
Is it possible for a judge or magistrate to give 50/50 custody over a 15-year-old child?
Yes, it can happen if the parents agree to it. The other way is if the court finds it in the child’s best interests to do so. It all depends on the facts of the case. If parents live far from each other, then it won’t make sense. The same would apply if one parent works late in the evening and unable to care for the children during the day.
Who is most likely to get custody of a child who is not attending school yet?
The parent who the child is more accustomed to, and can better care for the child would most likely get custody over a child who is not attending school yet. Here one has to look at physical, emotional and psychological care as well. Other aspects which may be applicable when the child is older is the ability to assist the child with school work and extramural activities.
I am the biological father of a minor child. How do I prove I am a better parent in court?
You would need to prove that you can care for the child much better than the other parent can. This not only applies to physical needs but also emotional, psychological and educational needs etc. The past is a big determinant of the future. Therefore, if you have always been caring well for the child, then the courts would usually leave things the way they are unless the is a change in circumstances.
I am a single mother fighting to keep my child. How does the court of law determine custody?
Custody is determined based on what is best for the child. The court looks at many factors relevant to your specific situation. These include the ability of the parent to care for the child both physically, emotionally and psychologically. If at the end of the day, the court sees that it would be best for you to have custody, it would order so.
Can text messages be used in a child custody court?
Yes, it can be used if it proves something relevant in a case. For example, the mother saying that she was out whole night partying and left the child with a stranger. The SMS would however not be seen in isolation. The court would have to look at the mother and father’s ability to care for the child. If the father has no experience in caring for the child, then the court would most likely let the minor child remain in the mother’s care.

I just gave birth to my second child. Can a mother lose custody for not having a job?

It is not a requirement to have a job to have custody over a child. If the other parent can contribute towards child maintenance, then that would be used to attend to the needs of the child. Therefore, the mother should apply for more child maintenance if she loses her job.

How can a narcissist win a child custody case?

A narcissist can win a child custody case if he or she can prove that despite being a narcissist, he or she would better care for the child. Being a narcissist does not mean you cannot care for the child. It is also possible that both parents are narcissists. What do you do then? Therefore, the court would look at what is best for the child under the circumstances.

I was never married to my child’s mother. We broke up years ago. When should a father fight for custody?

A parent should always do what he or she thinks is best for the child. If it means fighting for a child, then that is what he or she should do. Therefore, the father should fight for custody if he believes that he can best care for the minor child. If he does not believe he can, then he should leave the child in the mother’s primary care if that is best.

I am unable to speak rationally to the mother of my child. Who gets physical custody?

It is unfortunate when parents fail to speak rationally to each other when it comes to their children. A child must be cared for by the parent who can best physically, emotionally and psychologically care for him or her. It is sometimes hard to determine which parent can best physically care for a minor child. If the matter goes to a court of law, then the parent who can best care for the child primarily would get physical custody of the child.

I do not earn a lot of money. How can I win a child custody case without a lawyer?

Legal services can be very expensive. And some cases can take very long to be finalised. There is however no need to make use of a lawyer in a child custody case. It is however always advisable to make use of one if you can afford it. It is possible to win a child custody case either way if you can prove that you can better care for the child.

I broke up with the father of my child soon after he was born. Can a good mom lose custody? My child is now 15 years old.

It is very rare for a good mom to lose a child custody case. If there is a custody battle, the father may have to prove that the 15-year-old child wants to live with him and that he can better care for the child despite the mom being good. In this case, the view of the child is taken into consideration. If the father cannot prove that he can better care for the child, then the child would remain with the mother.

I pay child support and regularly try to see my child. Can a father be denied joint custody?

Paying child support and rights of contact are two separate issues. When it comes to issues of custody regarding children, the law looks at what is best for the child concerned. Therefore, yes, a father can be denied joint custody if it is not in the child’s best interests despite him paying child support. The court would also have to look at the mother’s situation if relevant when making an order that the father is denied access.

Can one parent keep a child from the other parent without a court order?

Parents must always act in the child’s best interests. A parent who always had contact or access to a child should continue to do so unless it would be detrimental to the child. Therefore, no, he or she may not keep a child from the other parent unless he or she believes that the child would be in imminent harm or danger. However, we strongly advise that should a parent believe that it is in the child’s best interests not to have contact with the other parent, that he or she first consult with a child care expert, psychologist or social worker. This is important as the other parent may lay a complaint to the police or to the court. You can then say that your decision was based on expert advice. This is especially so if there is a court order in place.

I hate my child’s father. How can I avoid joint custody?

A child should have both parents in his or her life. Therefore, joint custody, if it is in the child’s best interests must be upheld, despite hating the other parent. This should be the case despite the issues the parents have with each other. Having said that, to be successful, you would need to show the court that the child would best be cared for by having one primary caregiver. You would then have been successful in avoiding joint custody.

I can only find a job as an escort. Can you lose custody for escorting?

Escorting, when done lawfully, could lead someone from losing custody if it would affect his or her ability to care for the child. Parents have many professions, and it would be wrong to say that parents with certain lawful occupations are not allowed to have custody because it involves lawful escorting. Therefore, unless one can prove that lawful escorting would affect the custodial parent’s ability of caring for the child; it would not affect the custody rights.

I only see my child every second weekend. Do I have the right to know who my child is around?

Every parent needs to know where his or her child is, and with whom the child is with at any given time. We are living in dangerous times, and it would only serve the child well if both parents know where the child is and with whom the child is with. However, if a child is with a parent, and the parent visits a friend or goes out to lunch with that friend and the child is with, it may be unreasonable for the other parent to demand to know such information. As long as the parent knows that the child is with the other parent, that should be enough. He or she may check in on the child later during the day.

How can a mother win custody of a child?

When it comes to child custody cases, the law looks at what is in the child’s best interest. If there is a custody battle or dispute, the parent who would be successful is the one who can show that the child’s best interest is met. Therefore, a mother can win custody if she can prove that she can better care for the child than the father. The opposite also applies. If the father can prove that the child would be best cared for by him, he would “win” the custody case.

Can a stay at home mom get custody?

Any parent can get custody over a child. This applies to mothers and fathers whether or not they are stay at home parents, working or unemployed. He or she must prove that having custody would be in the child’s best interests. Therefore, a stay at home mom can get custody over a minor child. The same applies to the father

We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Posted on 11 February 2025 by Telelaw

Child Custody battles. What are the frequently asked questions mothers and fathers pose when it comes to children disputes? Our courts are inundated with child custody matters. Parents who were once in love and supportive of each other, now find themselves embroiled in a very sensitive and emotional legal battle. Continue Reading

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Musina.
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 Musina
Whether you claim child maintenance in Musina, 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 Musina.
The maintenance scenario – Musina South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
The Child is seven years old and attends school in Musina
The child is cared for by the mother who works in Musina
The mother works and earns a Salary of R 10 000
The father sees the child every second weekend. He also lives and works in Musina
The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
The father earns a reasonable salary and can afford the R 20 000 – 00 per month
The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Musina, it would be the maintenance court in Musina. 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 Musina, 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 Musina Maintenance Court?
Once you have been notified of the maintenance court date by the Musina 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 Musina?
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 Musina 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 Musina 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, Musina, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Musina. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty Continue Reading

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Randburg.
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 Randburg
Whether you claim child maintenance in Randburg, 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 Randburg.
The maintenance scenario – Randburg South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
The Child is seven years old and attends school in Randburg
The child is cared for by the mother who works in Randburg
The mother works and earns a Salary of R 10 000
The father sees the child every second weekend. He also lives and works in Randburg
The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
The father earns a reasonable salary and can afford the R 20 000 – 00 per month
The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Randburg, it would be the maintenance court in Randburg. 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 Randburg, 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 Randburg Maintenance Court?
Once you have been notified of the maintenance court date by the Randburg 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 Randburg?
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 Randburg 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 Randburg 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, Randburg, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

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

What is a parenting plan?
A parenting plan is a written document that outlines the duties and responsibilities of parents after a divorce. A well-drafted plan will reflect the best interests of the child. Visit schedules, visitation rights and custody rights forms the foundation of a parenting plan. A parenting plan can be seen as a shared legal contract or mutual agreement between parents after a divorce. [caption id="attachment_4539" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption]

Are parenting plans legally binding?

Parenting plans are not necessary legally enforceable. Circumstantially, if a parent fails to comply with an agreement, the court will not intervene. A parenting plan is to find a common ground between parents to reinforce their rights and responsibilities after divorce. [caption id="attachment_4541" align="alignleft" width="300"]

Call our law offices on: 0211110090
Email us at: [email protected][/caption]

What to include in a parenting plan

Parenting plans form part of Family Law. Your family legal expert should be able to guide you through the process of drafting your parenting plan. At Our Lawyer Pty Ltd, the family legal expert has years of professional experience in legal drafting. [caption id="attachment_4544" align="alignleft" width="300"]

Call our law offices on: 0211110090
Email us at: [email protected][/caption] Our law offices operate by appointment only so feel free to have your online appointment made for a legal consultation. In the grander scheme of things, the legal expert will be advising you through the process. Both parents will be able to sit down with the legal expert to discuss a way forward in their child/children’s lives after divorce.

Parenting plan in terms of the Children’s Act

The Children’s Act reflects the child’s rights and best interest of the child which works in close collaboration parenting plans. Meanwhile, the legal expert carries a wealth of legal expertise which comes in handy when drafting your parenting plan professionally. [caption id="attachment_4545" align="alignleft" width="300"]

Call our law offices on: 0211110090
Email us at: [email protected][/caption] Call our offices today and have your legal appointment booked online immediately. Our Lawyer Pty Ltd is highly accommodating towards its clients and believe in making life easier for its clients. This is why we have decided to initiate an online appointment system as well as an online platform in which you can share your thoughts and post your legal questions. Connect with us today! Get your professional legal parenting drafted today.

Posted on 11 February 2025 by Telelaw

What is a parenting plan? A parenting plan is a written document that outlines the duties and responsibilities of parents after a divorce. A well-drafted plan will reflect the best interests of the child. Visit schedules, visitation rights and custody rights forms the foundation of a parenting plan. A parenting Continue Reading

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.
Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference.
Expertise and Specialisation
One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.
Personalised Approach
We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.
Commitment to Excellence
At Advocate Muhammad Abduroaf, excellence is not just a goal – it’s our standard. We are committed to providing our clients with the highest quality legal services, characterized by thorough research, meticulous attention to detail, and strategic thinking. Our track record of success speaks for itself, with numerous satisfied clients who have benefited from our dedication to excellence.
Responsive and Accessible
Legal matters can be stressful and overwhelming, so we prioritise responsiveness and accessibility. Our team is readily available to address your questions, concerns, and needs throughout your case. Whether you prefer to communicate via phone, WhatsApp, email, or in-person meetings, we are here to provide you with the support and guidance you need when you need it.
Cost-Effective Solutions
Legal representation shouldn’t break the bank. That’s why we are committed to providing cost-effective solutions that deliver value for our clients. We offer transparent billing practices and strive to minimise unnecessary expenses wherever possible, ensuring you receive top-notch legal services without the hefty price tag.
Ethical and Professional Conduct
Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:
Tel.: 021 111 0090
Email.: [email protected]
We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Posted on 11 February 2025 by Telelaw

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you. Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal Continue Reading

Divorces – Is it possible to increase my chances of getting a fair outcome? Here are some Tips and Tricks to assist you.
Divorce cases can be straightforward or riddled with issues. Not only legal issues but also emotional issues, especially when there are children involved. What about the proprietary aspects of your marriage? Well, that is the easy bit. If parties are married in community of property, there should not be much to argue about. The law is the law. Each party should get what the law says they are entitled to – in this case, an equal division of the joint estate. Click here to find out how to attend to your own unopposed divorce.

Divorces should be straightforward and simple, but this is not always the case.

In our view, the simplest divorce would be when the couple married with an ante-nuptial contract. They excluded community of property and the accrual regime. Furthermore, there are no minor children born from the marriage. In such a case, all that is required is a decree of divorce. However, if there are minor children involved, then the parties may be at loggerheads as to who should have custody, or how visitation should be exercised. Then there is the issue of child maintenance, which can be a tedious and complicated matter to resolve.

Focus less on emotions, but what is best in the long run

In this article, advice is provided on how to get the best out of your divorce. This is done by focusing on what is necessary, fair, and what you are entitled to. Many people focus too much on emotions and irrelevant issues. This is where the wisdom of experts comes into play. What follows are some of the tips and tricks provided by Advocate Muhammad Abduroaf, a family law expert with more than a decade and a half 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 divorce court process.

A divorce scenario – Father cares for the children

Let say a couple was married for 10 years – they married in community of property. In other words, they share everything. There are 2 (two) children born from the marriage. They live in a home that is bonded but purchased by the wife before the marriage. The bond is only registered in her name and gets deducted from her personal banking account. The father, however, does not work but attends to the household, which includes cleaning, taking the kids to school, making food etc. When the children are ill, the father would be the one who stays up caring for them. School projects and homework is also attended by the father. The father does some web designing work for an income, but his income is minimal compared to that of his wife. Should this couple divorce, the best for them would be to enter into a parenting plan outlining their contact and care rights after the divorce.

Divorces and properly law – Who gets what?

Now in a case of divorce, the wife would find it unfair that the husband should have half the value of the home. This is so as she is the one who purchased it before the marriage and paid up all the monthly instalments. Our advice to the mother would be not to waste her time on this issue. The parties were married in community of property, forming one joint estate. If she came into the marriage with the property, then it forms part of the joint estate. The same advice goes to the husband. All that he needs to do is stick to what the law says he is entitled to. The judge would agree with him.

Child Custody and the Law – Know your parental rights

Then there is the issue of child custody. The mother believes that she is entitled to be the primary caregiver because she gave birth to the children. She also believes that all mothers should have custody over minor children no matter what the circumstances are. Apparently, someone told her that. However, the reality of the matter is that the father, in this case, cared for the minor children for most of their lives. It would further be in their best interests if he continues to do so. He knows their routine, needs, and how to care for them better than the mother. And besides that, the mother is a career woman, who works long, hard hours. She does not have the time, patience or skills to care for the minor children, as efficiently as the father has. The same principles may apply in matters of relocation.

Child Maintenance Tips and Tricks

Now, what advice do we have for parents where there is a dispute regarding the amount of Child Maintenance to Claim? Have a look at this article on Tricks and tips on how to win your child maintenance case. Similar principles can be applied to child maintenance issues in a divorce court, whether in the High Court, or Regional Court. With regard to the scenario above, the father would be the one claiming child maintenance from the mother. Unless he is successful in claiming personal maintenance (or alimony) from the mother, he would have to get a job, or earn more in his web designing business and support himself and contribute towards the expenses of the minor children.

The financial impact of Divorce on the household

The sad reality of divorce for most people is that their standard of living drops post-divorce. This is so as there are now two households that need to be maintained. When the couple lived together, there was only one bond or rental amount to pay, one municipal bill, and the entire family used the family car. Now it has doubled, placing a strain on the resources the parents have. Therefore, one needs to be practical as to what amount of maintenance one claims under these situations. The belt needs to be tightened when it comes to non-essentials. However, the parents must try their utmost to ensure that the minor children’s standard of education does not drop.

Child Custody Tips and Tricks

This aspect is one of the trickiest aspects regarding a divorce matter. Have a look at this article on How to win your child custody and access court case – Tips and Tricks. Here as well, similar principles can be applied to child custody issues in a divorce court. With regard to the scenario above, it would make sense that the father is awarded custody over the minor children and the mother reasonable contact. Her contact rights should accommodate her busy work schedule. That may either be every second weekend, every second day after school or once a month. It all depends on the facts of the case.

Busy Parents when it comes to Access

No parent should be punished for their work schedule. If the mother in the future gets more time off work, then provision should be made for that. In the same manner, should the father be gainfully employed in the future, then the mother would also need to come to the party and make more time for the children.

Fights over Child Custody

If the parties are in a battle regarding who should get custody of the minor children, then focus should be centred as to what is in the minor children’s best interests. The focus should be as to who can care better for the children in substance, and not in theory. Many parents say they can care better or will care better than the other parent, but have nothing to back up such bold allegations. No one is perfect, but if you demonstrated that you cared well for your child in the past, it may be best to leave things the way they are.

Badmouthing the other parent – Not a good idea

The focus should not be on badmouthing or finding faults in the other parent. You will annoy the court and your lawyer. Nonetheless, it won’t assist you in any way. If you truly care for your children, place personal issues aside, and put your children first. Even if the reason for the divorce is domestic violence, a level head should still be maintained.

Final words on how to win your divorce case

The advice in this article is not intended to trick the courts into finding in your favour. In our view, winning is getting what you are entitled to. To state it differently, losing would be not getting what is fair. So even if you paid for everything in the joint estate, and leave with half, that is still winning. Many people ask for the impossible in the divorce summons and do not receive it. This is either due to bad legal advice, or a case based on unsound judgment. Losing would be leaving with less than half if there was no legal basis for it. But if you feel that you want to give your spouse more than half, then do so.

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). You 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. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Posted on 11 February 2025 by Telelaw

Divorces – Is it possible to increase my chances of getting a fair outcome? Here are some Tips and Tricks to assist you. Divorce cases can be straightforward or riddled with issues. Not only legal issues but also emotional issues, especially when there are children involved. What about the proprietary Continue Reading

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.
Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference.
Expertise and Specialisation
One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.
Personalised Approach
We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.
Commitment to Excellence
At Advocate Muhammad Abduroaf, excellence is not just a goal – it’s our standard. We are committed to providing our clients with the highest quality legal services, characterized by thorough research, meticulous attention to detail, and strategic thinking. Our track record of success speaks for itself, with numerous satisfied clients who have benefited from our dedication to excellence.
Responsive and Accessible
Legal matters can be stressful and overwhelming, so we prioritise responsiveness and accessibility. Our team is readily available to address your questions, concerns, and needs throughout your case. Whether you prefer to communicate via phone, WhatsApp, email, or in-person meetings, we are here to provide you with the support and guidance you need when you need it.
Cost-Effective Solutions
Legal representation shouldn’t break the bank. That’s why we are committed to providing cost-effective solutions that deliver value for our clients. We offer transparent billing practices and strive to minimise unnecessary expenses wherever possible, ensuring you receive top-notch legal services without the hefty price tag.
Ethical and Professional Conduct
Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:
Tel.: 021 111 0090
Email.: [email protected]
We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Posted on 11 February 2025 by Telelaw

Free DIY Online Tools to get Divorced, apply for Child Maintenance, and other Free Legal Resources
Knowing the law is one thing, but knowing how to enforce and apply it, is another story. We all know parents should pay child support; the law says so. But what do you do if a parent refuses to pay? This page assists in three (3) aspects of family law. The first is regarding Divorce, then Child Maintenance, and the other, is that of contact to your child during the holiday season. We advise that you use the services of a legal practitioner to assist you in your divorce matter or application for contact with your child. However, legal services cost money, which is not always available. Should you decide to make use of the resources provided in this post and this website, we strongly advise that you obtain legal advice before proceeding.
Do your own divorce
If a marriage has broken down, and there are no reasonable prospects of restoring the normal marital relationship, a divorce may be the best solution. Having said that, there are certain proprietary and parental issues that need to be tabled. For example, what happens to the kitchen table, who sees the children, where and when? If you were married out of a community of property, with no children, and without the accrual regime, the issues are simple. Be that as it may, should you consider attending to the divorce on your own, download the Free Divorce Starter Toolkit. This toolkit would be of great assistance in your divorce.

Free Divorce Starter Toolkit

The free divorce starter toolkit provides you with the necessary tools to attend to the unopposed divorce on your own. The tools include a template Summons, Particulars of claim and a notice of set-down. Download the Toolkit and see if it would be of use to you. Also have a look at the following links for further assistance:

Free Child Maintenance Calculator

Child maintenance and child support is the right of every child. It is the duty of the parent to enforce the right should the other parent not wish to contribute. Download the Free Child Maintenance Calculator and start the process regarding child Maintenance today. You would be guided on the law and how much maintenance may be claimed. Also have a look at the following links for further assistance:

Other Resources

Free DIY Toolkit

Download the Free DIY Urgent Child Contact Toolkit for mothers and Fathers found on this website. This would greatly assist you as an extra tool. The toolkit relates to an Urgent Child Contact Application in the Western Cape High Court which would be of assistance in making an urgent application and completing the form below.

Urgent Holiday Contact Toolkit

This Urgent Holiday Contact Toolkit incorporates the Free DIY Urgent Child Contact Toolkit for mothers and Fathers. However, you are provided with an online form that you complete, and thereafter, an email will be sent to you with partially completed court documents. Try it out. This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf assists people with various family law-related issues they may have. If you find any of our articles, free resources and posts interesting or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law-related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice not related to family law, visit Private Legal.

Posted on 11 February 2025 by Telelaw

Free DIY Online Tools to get Divorced, apply for Child Maintenance, and other Free Legal Resources Knowing the law is one thing, but knowing how to enforce and apply it, is another story. We all know parents should pay child support; the law says so. But what do you do Continue Reading

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