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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

I am searching for the top divorce attorney or advocate in Cape Town, South Africa.
How do I find the best divorce lawyer in Cape Town?
There are a few ways to find the best divorce lawyer in Cape Town. One option is to ask for recommendations from friends or family members in Cape Town who have gone through a similar experience. Another option is to search online for divorce lawyers in Cape Town and read reviews from previous clients. You can also check with the law associations to find reputable lawyers in Cape Town. It’s essential to do your research and find a lawyer who has experience and expertise in divorce law to ensure that your case is handled correctly.
How do I find the best lawyer for my divorce in Cape Town?
Finding the best lawyer for your divorce in Cape Town can be a complex and overwhelming process, but there are a few steps you can take to help ensure that you find the right one. Here are some tips: 1. Do your research: Start by researching divorce lawyers in your area or in Cape Town. You can do this by looking online, asking for recommendations from friends or family, or checking with your local bar association. 2. Read reviews: Once you have a list of potential lawyers, read reviews from previous clients to get a sense of the lawyer’s track record and reputation. 3. Schedule consultations: Schedule consultations with a few different lawyers in Cape Town to discuss your case and get a sense of their experience and approach. Many lawyers offer free initial consultations. 4. Ask questions: During the consultation, ask the lawyer questions about their experience, track record, and approach to divorce cases. Be sure to ask about their fees and how they bill for their services. 5. Trust your instincts: Ultimately, the best divorce lawyer for you in Cape Town is someone you feel comfortable working with and who you trust to handle your case effectively. Trust your instincts and choose a lawyer who you feel has your best interests at heart. By following these tips, you can find a divorce lawyer in Cape Town with the experience, skills, and expertise necessary to help you navigate the divorce process and achieve a favourable outcome.
What makes a good divorce lawyer in Cape Town?
A good divorce lawyer in Cape Town should understand the law and legal procedures related to divorce cases. They should have experience handling cases similar to yours and be able to provide you with sound legal advice and guidance throughout the process. A good divorce lawyer should also be a good communicator and listener, as they will need to understand your unique situation and work with you to develop a strategy that meets your needs and goals. Additionally, a good divorce lawyer should be compassionate and empathetic, as divorce can be emotionally challenging for their clients. Finally, a good divorce lawyer should be able to work efficiently and effectively to ensure that your case is resolved as quickly and smoothly as possible.
Is the most expensive divorce lawyer in Cape Town better?
Not necessarily. The most expensive divorce lawyer in Cape Town may not necessarily be the best one for your specific case. Considering factors such as experience, track record, and reputation is essential when choosing a lawyer rather than just their fees. While it’s true that experienced and highly skilled lawyers may charge higher fees, this is not always the case. Finding a divorce lawyer in Cape Town who has the skills and expertise necessary to handle your case effectively and who you feel comfortable working with is essential. It’s also a good idea to discuss fees and costs upfront with any potential lawyer so that you can make an informed decision about whether or not their services are within your budget.
Is it better to contest a divorce in Cape Town?
It’s difficult to say whether it is better to contest a divorce, as every situation is different. Sometimes, contesting a divorce may be necessary if spouses have significant disagreements about child custody, property division, and spousal support. However, in many cases, it may be better to try to reach a settlement or agreement through negotiation or mediation to avoid the time, expense, and stress of a contested divorce. Contested divorces can be lengthy, expensive, and emotionally draining, mainly if the dispute involves children. It’s also important to remember that the court will decide in a contested divorce, which may not always align with what either spouse wants. In contrast, settling through negotiation or mediation can give both spouses more control over the outcome and may be less stressful and costly overall. Ultimately, the decision to contest a divorce should be made after careful consideration of the case’s specific circumstances and with the advice and guidance of an experienced divorce lawyer.
What is the fastest way to get divorced in Cape Town?
The fastest way to get divorced in Cape Town is through an uncontested divorce, which involves both spouses agreeing to the divorce terms, including issues such as child custody, property division, and spousal support. If both spouses agree on these issues, they can file for an uncontested divorce, which can be resolved relatively quickly and without a trial. An uncontested divorce can be filed with the court once the spouses have been separated for at least one year. Once the divorce papers are filed, the court will review the agreement and issue a final divorce decree if everything is in order. The entire process can take as little as a few months, depending on the court’s schedule and the case’s complexity. It’s important to note that if there are disputes or disagreements between spouses regarding the divorce terms, the process may take longer and be more complicated. In these cases, hiring a divorce lawyer in Cape Town may be necessary to help resolve the issues and negotiate a settlement.
How are children affected in a divorce matter?
Divorce can have a significant impact on children, both emotionally and psychologically. Children may feel confused, anxious, and uncertain about the future when their parents are going through a divorce. They may feel caught in their parent’s conflict, blame themselves for the divorce, or feel they have to choose sides. Children of divorce may also experience changes in their living arrangements, routines, and relationships with family members, which can be challenging to adjust to. Parents need to prioritise their children’s well-being during a divorce and minimise the divorce’s impact on their children. This can involve working together to create a parenting plan that considers the children’s needs and preferences and allows both parents to stay involved in their children’s lives. It can also involve seeking the help of a therapist or counsellor to support the children and help them cope with the changes that come with divorce.

Posted on 11 February 2025 by Telelaw

I am searching for the top divorce attorney or advocate in Cape Town, South Africa. How do I find the best divorce lawyer in Cape Town? There are a few ways to find the best divorce lawyer in Cape Town. One option is to ask for recommendations from friends or Continue Reading

Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Bloemfontein. Read further below about a “Bulldog Lawyer”)
Contract law is the bedrock of business and day-to-day transactions, providing a framework for parties to define their rights, obligations, and expectations. However, disputes can arise when one or more parties feel that the terms of the contract have been violated. This can apply to an employment contract, lease agreement, marriage contract, or one where you lent someone money. Even buying groceries at your local grocery is a contractual transaction. You pay, and he provides you with the goods. The list is endless.
All is good until someone violates the terms of the contract. This is where you may want to use an attorney or advocate in Bloemfontein. Read further below about what is referred to as a “bulldog lawyer”. If the other side is playing hardball or has a bulldog lawyer, then having a tough lawyer who takes no-nonsense is something that you must consider. Please note that the law on contractual disputes would be the same whether you live in Bloemfontein or any other city in South Africa.
Let us get into the theory. Navigating the complexities of contract law disputes requires a clear understanding of the legal principles and practical strategies for resolution.
Critical Elements of Contract Law are as follows:
Formation of Contract:
Before delving into disputes, it’s essential to understand how contracts are formed. A valid contract typically requires an offer, acceptance, consideration, legal capacity, and legality of purpose. Disputes may arise if any of these elements are in question. If you are entering into a high value contact, it may be best to consult with an advocate or attorney beforehand.
Types of Contracts:
Contracts can take various forms, such as express, implied, unilateral, and bilateral. Understanding the nature of the contract is crucial in determining the rights and obligations of the parties involved.
Common Contract Disputes:
Breach of Contract:
The most prevalent type of contract dispute arises from a breach. This occurs when one party fails to fulfil its obligations outlined in the contract. It could involve non-payment, incomplete performance, or failure to deliver goods or services.
Misrepresentation:
If one party makes false statements that induce another to enter a contract, it may lead to a dispute. Misrepresentation can be innocent, negligent, or fraudulent, each carrying different legal consequences.
Duress and Undue Influence:
Contracts entered under duress or undue influence may be deemed voidable. If one party was coerced or pressured into an agreement, it could lead to a dispute over the contract’s validity.
What follows are resolution strategies when it comes to contract disputes.
Negotiation:
Often, disputes can be resolved through negotiation. Parties can discuss the issues, explore compromises, and reach a mutually acceptable resolution without legal action. You should use a tough lawyer to represent you if the other side is unreasonable.
Mediation:
Mediation involves a neutral third-party facilitating discussions between the parties to help them resolve. It is a voluntary and confidential process that can be less adversarial than litigation.
Arbitration:
Arbitration is a more formal process where an arbitrator or a panel makes a binding decision after hearing both sides. It provides a faster and more private resolution compared to traditional court proceedings.
Litigation:
If all else fails, parties may resort to litigation. This involves taking the dispute to court, presenting evidence, and having a judge decide. Litigation can be time-consuming and costly, but it provides a definitive resolution.
Conclusion:
Contract law disputes are an inherent risk in business transactions, but understanding the principles and available resolution strategies can mitigate potential damage. Whether through negotiation, mediation, arbitration, or litigation, the goal is to find a fair and just resolution that upholds the integrity of the contractual relationship. As businesses continue to engage in complex transactions, a comprehensive understanding of contract law and dispute resolution mechanisms is essential for navigating the legal landscape successfully. When meeting with an advocate or attorney to assist you in your contractual dispute, discuss the above issues or factors with him or her to find out if they know what they are talking about.
What is a bulldog lawyer?
A “bulldog lawyer” is a colloquial term used to describe a lawyer (attorney or advocate) known for their aggressive and tenacious approach to legal representation. The term draws an analogy between the lawyer’s characteristics and those of a bulldog, known for its solid and determined demeanour. Bulldog lawyers are often associated with being assertive, persistent, and unwavering in pursuing their client’s interests.
Key characteristics of a bulldog lawyer may include:
Aggressiveness: Bulldog lawyers are known for their assertive and forceful advocacy on behalf of their clients. They are unafraid to challenge opponents and vigorously pursue their client’s objectives.
Tenacity:
Bulldog lawyers are persistent and determined in their legal pursuits. They may be willing to go to great lengths to achieve their client’s goals and are known for not easily giving up in the face of challenges.
Fearlessness:
Bulldog lawyers are often unafraid to take on tough cases or confront powerful adversaries. They may be known for their willingness to face complex legal battles head-on.
Advocacy Skills: Bulldog lawyers possess strong advocacy skills, including effective communication, negotiation, and litigation abilities. They can passionately argue their client’s case in court or during negotiations.
Strategic Thinking:
While aggressive, bulldog lawyers are also strategic in their approach. They carefully plan their legal strategies and tactics to achieve the best possible outcome for their clients.
It’s important to note that “bulldog lawyer” can have positive and negative connotations. On the positive side, it highlights an attorney’s dedication and commitment to their clients. On the negative side, it may suggest an overly aggressive or abrasive style that may not be suitable for all legal matters or personalities.

Posted on 11 February 2025 by Telelaw

Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Bloemfontein. Read further below about a “Bulldog Lawyer”) Contract law is the bedrock of business and day-to-day transactions, providing a framework for parties to define their rights, obligations, and expectations. However, disputes can arise Continue Reading

Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Cape Town. Read further below about a “Bulldog Lawyer”)
Contract law is the bedrock of business and day-to-day transactions, providing a framework for parties to define their rights, obligations, and expectations. However, disputes can arise when one or more parties feel that the terms of the contract have been violated. This can apply to an employment contract, lease agreement, marriage contract, or one where you lent someone money. Even buying groceries at your local grocery is a contractual transaction. You pay, and he provides you with the goods. The list is endless.
All is good until someone violates the terms of the contract. This is where you may want to use an attorney or advocate in Cape Town. Read further below about what is referred to as a “bulldog lawyer”. If the other side is playing hardball or has a bulldog lawyer, then having a tough lawyer who takes no-nonsense is something that you must consider. Please note that the law on contractual disputes would be the same whether you live in Cape Town or any other city in South Africa.
Let us get into the theory. Navigating the complexities of contract law disputes requires a clear understanding of the legal principles and practical strategies for resolution.
Critical Elements of Contract Law are as follows:
Formation of Contract:
Before delving into disputes, it’s essential to understand how contracts are formed. A valid contract typically requires an offer, acceptance, consideration, legal capacity, and legality of purpose. Disputes may arise if any of these elements are in question. If you are entering into a high value contact, it may be best to consult with an advocate or attorney beforehand.
Types of Contracts:
Contracts can take various forms, such as express, implied, unilateral, and bilateral. Understanding the nature of the contract is crucial in determining the rights and obligations of the parties involved.
Common Contract Disputes:
Breach of Contract:
The most prevalent type of contract dispute arises from a breach. This occurs when one party fails to fulfil its obligations outlined in the contract. It could involve non-payment, incomplete performance, or failure to deliver goods or services.
Misrepresentation:
If one party makes false statements that induce another to enter a contract, it may lead to a dispute. Misrepresentation can be innocent, negligent, or fraudulent, each carrying different legal consequences.
Duress and Undue Influence:
Contracts entered under duress or undue influence may be deemed voidable. If one party was coerced or pressured into an agreement, it could lead to a dispute over the contract’s validity.
What follows are resolution strategies when it comes to contract disputes.
Negotiation:
Often, disputes can be resolved through negotiation. Parties can discuss the issues, explore compromises, and reach a mutually acceptable resolution without legal action. You should use a tough lawyer to represent you if the other side is unreasonable.
Mediation:
Mediation involves a neutral third-party facilitating discussions between the parties to help them resolve. It is a voluntary and confidential process that can be less adversarial than litigation.
Arbitration:
Arbitration is a more formal process where an arbitrator or a panel makes a binding decision after hearing both sides. It provides a faster and more private resolution compared to traditional court proceedings.
Litigation:
If all else fails, parties may resort to litigation. This involves taking the dispute to court, presenting evidence, and having a judge decide. Litigation can be time-consuming and costly, but it provides a definitive resolution.
Conclusion:
Contract law disputes are an inherent risk in business transactions, but understanding the principles and available resolution strategies can mitigate potential damage. Whether through negotiation, mediation, arbitration, or litigation, the goal is to find a fair and just resolution that upholds the integrity of the contractual relationship. As businesses continue to engage in complex transactions, a comprehensive understanding of contract law and dispute resolution mechanisms is essential for navigating the legal landscape successfully. When meeting with an advocate or attorney to assist you in your contractual dispute, discuss the above issues or factors with him or her to find out if they know what they are talking about.
What is a bulldog lawyer?
A “bulldog lawyer” is a colloquial term used to describe a lawyer (attorney or advocate) known for their aggressive and tenacious approach to legal representation. The term draws an analogy between the lawyer’s characteristics and those of a bulldog, known for its solid and determined demeanour. Bulldog lawyers are often associated with being assertive, persistent, and unwavering in pursuing their client’s interests.
Key characteristics of a bulldog lawyer may include:
Aggressiveness: Bulldog lawyers are known for their assertive and forceful advocacy on behalf of their clients. They are unafraid to challenge opponents and vigorously pursue their client’s objectives.
Tenacity:
Bulldog lawyers are persistent and determined in their legal pursuits. They may be willing to go to great lengths to achieve their client’s goals and are known for not easily giving up in the face of challenges.
Fearlessness:
Bulldog lawyers are often unafraid to take on tough cases or confront powerful adversaries. They may be known for their willingness to face complex legal battles head-on.
Advocacy Skills: Bulldog lawyers possess strong advocacy skills, including effective communication, negotiation, and litigation abilities. They can passionately argue their client’s case in court or during negotiations.
Strategic Thinking:
While aggressive, bulldog lawyers are also strategic in their approach. They carefully plan their legal strategies and tactics to achieve the best possible outcome for their clients.
It’s important to note that “bulldog lawyer” can have positive and negative connotations. On the positive side, it highlights an attorney’s dedication and commitment to their clients. On the negative side, it may suggest an overly aggressive or abrasive style that may not be suitable for all legal matters or personalities.

Posted on 11 February 2025 by Telelaw

Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Cape Town. Read further below about a “Bulldog Lawyer”) Contract law is the bedrock of business and day-to-day transactions, providing a framework for parties to define their rights, obligations, and expectations. However, disputes can 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

Looking for Family Legal Services in Brooklyn- Child Maintenance, Child Custody, Visitation Rights and Divorce
Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.
Family Legal Advice Consultancy
We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Brooklyn area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Brooklyn

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Brooklyn– Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to:

And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:

Child Maintenance

Child Custody

Divorce and Property

So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Brooklyn

Are you residing in Brooklyn and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Brooklyn area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7^th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:

Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
We urge potential clients to read their email well as well as the terms and conditions within the email.
Only once payment has been made, will the face to face legal consultation be confirmed.
Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.

Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Free legal products if you live in Brooklyn

Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:

You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!

Posted on 11 February 2025 by Telelaw

Looking for Family Legal Services in Brooklyn- Child Maintenance, Child Custody, Visitation Rights and Divorce Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close Continue Reading

Professional drafting of your business agreements and contracts
First of all, running a business requires its own set of expertise and guts – we admire your courage and we understand that it’s not easy. However, a business person can in no way act as a legal expert when it comes to the drafting of business agreements and contracts. Unfortunately. It is for this reason your business may require the legal expertise of a legal professional who can help you avoid potential loopholes in your agreement. To have a fresh, legal perspective is relevant to the growth of your business and prevents your business from mistakes that could be irreversible. We are a family and business legal consultancy that aims to deliver professional, expert legal advice and guidance where necessary. See our estimated cost for our legal business products are as follows:
Ante-nuptial Contracts R 2 100 – 00
Basic Will Drafting R 1 000 – 00
Email Legal Advice (per question) R 299 – 00
Family Trust Registration R 7500 – 00
Shariah Will Drafting R 950 – 00
Unopposed Divorces R 9500 – 00
For your convenience, we are also professional legal drafters of Ante-Nuptial Contracts which will cost you to you a total of R2 100 – 00. Furthermore, we have a professional online method in which you can call our offices on 021 424 3487, for an online appointment to be made for you.

Drafting of Business Contracts

The legal expert however, reminds us that is it written contracts that binds people to their word: A sure way for a business to encounter problems in the future, is for it not enter into important written agreements to bind its clients and suppliers, to mention a few. We are professional legal drafters of: Sale Agreements; Lease Agreements; Service Agreements; Non-disclosure agreements; and Other business Contracts.

Drafting of Employment Contracts

As stated by the business legal expert, contracts can be tailored accordingly in a manner that best reflects the needs of your business. All businesses are unique, and therefore require customized employment contracts. Furthermore, with the stringent employment laws, it is more important now than ever to ensure that all your employment contracts are legally sound. The last thing your business needs is for a disgruntled employee to take you to the CCMA or the labor court. Speak to us today. For more on business legislation compliance and legal drafting, find out more about the business legal services we offer. We offer the following business legal services that could be of help for your business:

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Family legal consultancy – divorce matters

With extensive experience in family legal matters, we have found divorce, child custody and child maintenance to be the most commonly dealt with legal matters. By observing its popular demand for effective legal services, we have compiled easily accessible legal pieces containing free, expert legal advice for your convenience. See the links below and enjoy:

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Posted on 11 February 2025 by Telelaw

Professional drafting of your business agreements and contracts First of all, running a business requires its own set of expertise and guts – we admire your courage and we understand that it’s not easy. However, a business person can in no way act as a legal expert when it comes Continue Reading

Please advice. I am a divorced father of 5 children. My take home salary is R16000 a month and my ex wife’s take home is R26000 a month.
I am paying the following: kids medical aid R5000 whilst she’s only alone in her medical aid Car installment R4600 a month whilst she’s got 2 cars Car Insurance R1000 a month Rental amount of R5000 a month whilst she’s got 2 houses School fees for my 2 daughters of R1400 a month 2 Kids transport fee R1600 a month Elder son transport R600 a month Last born’s Nanny R2000 a month Collecting kids to visit me R400 a month My food and electricity and water R1500 a month Maintenance for all kids of about R2000 which includes arrears I also have pay 50 percent towards clothing for all the kids including school uniform and books The Total is – R25500 a month of which I cannot clearly afford from my R16000 take home salary.
Please help me with advice as to how do I appeal this as I cant even afford an attorney.
Best Regards Good day You need to make an application for the substitution of the maintenance order with an order which you can afford. For this, you need to approach the maintenance court.,2847, Hi, so I would just like to know. I have been paying for my childs needs since birth. He is 6 years old now. I have never directly paid money to her, I have always purchased what he needs myself. We are not together anymore and my son is staying with her, he comes to me every single weekend while his mother goes out to party. I am currently earning a nett income of R9500. Me and his mom had an agreement that I pay his schoolfees R7000 a year, and I pay his medical aid, as he can not be the only and main member I need to pay R2600pm for medical aid for both of us. She would pay the transport and the aftercare R900 every month. She has a car that she needs to pay monthly, with insurance and petrol cost per month, I do not have a car but I am able to save R6000pm. Will the court look into how much spending money I have left before making a ruling? I mean wouldn’t this be unfair seeing that she has a car, and paying monthly I can also get a car but would not want to put myself in a long term situation like that.,2861, Good day The court would look at what is in the child’s best interests, and at the same time what is fair and reasonable. In our view, having a car is not a luxury, and is useful when having a child.,2862, @Holder.the court looks at both your income,from what you said you only spend R7000 a year and maybe an extra R1000 for medical aid for the child,you also mentioned the mother would pay R900 towards transport and aftercare,there are many responsibilities related to raising a child,the court will look at the fact that the mother sees to your son’s day to day needs which you don’t.in my opinion she is contributing far more than you are,also the court regards what you are spending on your child as gifts to him,maintanance is you paying a certain amount to the mother either daily,weekly or monthly.her having a car is something that will benefit your son in a way.but go to court and let them make a ruling but from what you said it seems you have it so easy,you still have R6000 a month to save which means you don’t have much expenses,she could even ask you for more if she wishes.,2865, Hi, my Sister got impregnated by a policeman who refuse to pay maintenance. The court ordered for a paternity test which came back saying the policeman is not the father of the child. My sister is very confident that the child’s father is this guy because she was not involved with anyone else at the time she got pregnant. The court did tell her that she can contest the results but she will have to conduct another one privately on her own cost and she is not working. I experienced something similar on the same court when I needed my father to increase child support from R600 to R1000 when I was going to varsity, they kept giving me dates when the court will be closed or not attenting maintanance issues, I was once given the 23rd of december and when I arrived the court was closed. That carried on until it was my time to go back to school which became difficult for me to go back to the court as i was studying very far. My father is a prison warder from the same area. The employees at the court seems to be able to by pass the system and favour their colleagues so how do we ensure that the corrupt officials are reprimanded for it and most importantly how do i help my sister moving forward.,2869, Good day She would have to do a private paternity test.,2876, hi my son is now 13 , I receive R1600 from his father which only covers transportation for my son to school and back. school fees alone are R27000 , he is on my medical aid , daily expenses also apply. he’s father earns more than me but refuses to look at the financial planner for the child and be involved with his needs , I’ve asked him to go 50/50 with me on everything be it stationery , uniform etc he just refuses to even reply to my msgs, what can I do? please help,2878, Good day You need to approach the maintenance court for an Order that he pays a reasonable amount.,2880, Good Day I have a maintenance court order which states that my ex husband must pay R1800 per child. (I have 2 kids). He initially started paying R500 per child and now R800 per child. I have gone twice back to the maintenance court to report it. The last outcome they sent a sheriff of the court to seize his new taxis that he bought. Feedback from the Sheriffs office is I have no claim as the assets does not belong to him but is on higher purchase. He has just bought a brand new 4×4 van and is purchasing a new house. How is it possible that this is not taken into account and how must I proof which accounts he is hiding his money in. This is frustrating as he just gets away and the arrears are just now arrears in the courts view as I have no way to claim anything from. Please advise what is my next or any step to get the court order enforced.,2993, Good day This is clearly a case where the maintenance court is failing you by not doing their job. We would advise that you complain higher up in the maintenance court about the problems you are experiencing with them.,2999, Good Day. My brother has a 2 month old baby.He has been contributing towards to the child by buying him clothes,food and diapers.He received death threats from the mother of the child because she feels that he’s not doing enough.The mother of the child wants to take him to maintenance court.Please advice how should my brother go about this when he gets to court?,3018, Good day He needs to outline his income and expenses with documentary proof to the court.,3019, Hi.can u please help me in this case. I have been getting 950 from my babys father. Nd now shes going to pre school next yr january. Ive told him in march this yr that i found a pre school. Nd that the meeting will be hold sep.fine,i went to the meeting 19 sep nd tried contacting him abt the feedback nd whats needed.my phone was blocked. Called with different number. Nd he answered. I told him details of the meeting nd that the re nd jan fees had to be at payed not later yhan 30 nov or shell be consider not accepted at school. He agreed l. November 15 on his pay day he called me that he has the money hell bring it that day. 3 days passed nd when i called she gives it to his girlfriends to answer it. He then s3nd me sms saying that i should pay reg fee nd jan fee wiyh that money. Nd Told him that i only get money on the 1st of each month not same day he getspayed’15th’. I also told him even if i borrowed money to pay how will i pay ackermans. Buy food nd toiletri. He said hell do it which was just an empyty promise. Then my sister gave me the money payed on the 23.send him sms that i payed nd if hes still willing to pay the acc nd buy everything for the baby never reapond. For 2 weeks. I then went to court with all expenses. Gave me date of appearance. Now 2days later. He calls me acting concern. Told him that ive got appearance date im sure he got it after everything.he told me hell go to court to complain nd . I told him if asking u to take care of ur child is what ull complain abt good luck. Hes been blocking me when i ry to talk about babys school fee. Now he acts concern. Nd tells me abt the lawyers nd that i will regret.,3066, Good day Do not concern yourself with what he said. Let the court handle it. All you need to do is ensure that you have proof of income, and expenses for you and the child to show the court.,3081, Good Day I am a single parent and I have a 5 year old which has never met his father due to him leaving 3 months before the birth I haven’t heard from him until September 2017 in that time I have not received any type of a assistance. He went to the courts saying I am keeping the child away. The family Advocates got involved and there recommendation was he went through a therapeutic process that was Feb 2018 I haven’t heard anything from him again. I would also like to point out I have a protection order against him for domestic violence it was approved by the courts. He is unable to contact me but it seems his parents are contacting me on his behalf. What can I do I am fearful of his family and friends. I am fearful which I did mention to Family Advocates I fear for my sons safety. I am constantly looking over my shoulder. My son is starting Grade 1 soon and I am afraid that they will try get access to him. I have never spoken about him, to my son he has a dad. Please help me!!! I have gone to courts they say they can’t do anything cause he hasn’t made the recommendation a court order. Until then I am living with fears and concerns.,3282, Good day We advise you make use of the services of an attorney to assist in resolving those issues. If he does something illegal, you need to contact the Police.,3283, Good day. I have a daugther she is 6 years old and were are no longer together with her father. Her father wa working at pick n pay , in 2018 he was at police academy training in Bisho Eastern Cape for a year, now he is back from training and telling me that I should stop coming at her parent’s house because he has a new girlfriend and he don’t want her to found me at his parent’s house. And he doesnt support a baby. Can i take him to maintanacy court about those things and can you please advise me what to do,3291, Good day We advise that you approach the Maintenance Court as soon as possible to investigate this matter and make a Maintenance Order.,3296, Hi, does a Father have an obligation to pay some form of maintenance when he becomes unemployed? What is the law regarding this?,3365, Hi, my child is 2 months old I’ve filed a for maintenance, however at home they feel that I should cancel for safety reasons as the father might harm me or the baby, he was never violent with me its just concerns. So I’d like to know if I do cancel whats the procedure and consequences for that. I haven’t decided what to do but I would just like to know.,3366, Good day. We do not advise that you cancel your child maintenance application unless it is absolutely necessary. Child maintenance is a right of a child. We advise that you speak to the maintenance court about this issue and hopefully they can advise you accordingly. Looking at your message, we do not see any concerns.,3367, Good day. Even if the father is unemployed, he still has a legal obligation to pay child maintenance. This he can pay by selling assets he owns, or use part of the savings. If however you cannot afford to pay child maintenance you may proceed against his parents.,3368, Hi, I am married to the mother of my children through customary law. Since we are not yet registered I know automatically it means that we are married in community of property. My problem is that my estranged wife seem to be only interested in money. I hardly see my children and even when I do she wants to control the length of the time that we spend together. She does not give me any conjugal rights and refuse for my children to use my surname. Which now makes me wonder if they are really mine. She took me to a maintenance court and have now defaulted based on unanswered questions and a change in my finances. I need advise as to what I should do regarding joint custody because there is no court of law that granted her sole custody. I need to spend time with my children as much as she does and need us both to contribute towards the same course. I started to work May 2018, gave her R3000.00 the very same month end, but by 22 June 2018 she already filed for maintenance for R8000.00. I found this to be suspicious but because I was civil and wanted our relationship to work I offered her R6000.00. I could not keep up with the last 3 payments and have been summoned to court. What should I do?,3402, Good evening Reader, So my question is on behalf of my husband. He was previously married and has two kids with his ex wife. Since their divorce he has been paying child support. The mother was given Primary custody of the kids, with visitation rights of my husband. With the kids visiting every alternative weekend and school holidays we became worried for the kids safety as the kids advised us their mother was on drugs/ substance abuser started dating one too. In December 2016 the mother decided to send the son with a complete stranger and dropped him off at his grandmother’s place. With no prior notification to my husband. I then encouraged him to have a chat with her and of course to approach the social workers as things was getting out of hand. That’s when she asked my husband to give her a break so she could sort herself out because she was on drugs and had another son from another gentlemen and another on the way. Without hesitation we took both his kids and drove the other to her mother in Koring berg as she was unfit to care for them. We made arrangements and had them enrolled in school in January 2017. And they were with us ever since. She had full visitation of the kids but when they did visit she never made provision to feed her kids. I then advised my husband to continue with the social workers and child court. On numerous occasions. They were to appear in court and on every occasion she failed to appear. She then fell ill and relocated to her mother in Koring berg in Mid 2018 December 2018 we sent the kids on holiday to visit their mom. This turns into a complete nightmare. When we collected them on the 6th January the mother had advised my husband only then that she would not be sending the girl back. As she needed her daughter by her and needed the maintenance monies because she has two more kids. As her grant monies she receives for all four kids is not enough to sustain her. My husband then called the Mooreesberg police department and asked them to escort him as he didn’t want to make any trouble but please to advise the mother that it would be in the kids best interest to stay with us. She refused and advised the police officer that the daughter wanted to stay with her. We contacted the Social worker who then emailed the police department a full report and mentions in their, That it is in fact in the best interest of the children to stay with the father. My husband right now has no say over the matter as she was given Primary custody of the kids This is wrong! How do you as the Primary castodian remove your child from one school to another without prior communication? The girl has moved schools 4 times and she is in grade 5 now. The boy has moved schools 7 times and his now grade 8 and failed twice due to the mother’s negligence. Is their anything we can do or anything I can advise my husband to do? We have a pending case with child welfare? Logged a complaint with the maintenance court? 2 years is a bit long to be waiting due to the mother failing to appear in court. What can we do besides going to the high court and attempting to get custody of the kids? Does my husband have to pay maintenance to her for the girl? She will use the monies for her own personal benefit. What about the two years that they stayed with us and she did not contribute a cent? What is the best way forward. As I feel that the justice System fails so many wonderful father’s. And rule in favour of unfit mothers who use their kids as pawns to get maintenance and grants. We would really love to have her back with us as well. But getting primary custody seems Doom and Gloom if the social workers are still working the case 2 years later. Please advise soonest,3404, If I do cancel as I haven’t decided yet, how do I do that? And if I cancel can I reopen the case in future?,3430, Good day You must inform the Court. Contact them. Yes, you may apply again.,3436, Good day We strongly suggest that you see a lawyer and make an urgent application to the court for the return of the child. Regarding maintenance, if there is an order, he needs to then apply for its setting aside after the child is returned.,3444, Good day We advise that you approach the Children’s Court in your area for assistance. They may grant you an order dealing with your parental responsibilities and rights.,3478, good day i ahve a 7year old daughter, the father has been contributing an amount of R1500 every month towards her school fees and other needs. ive been spending on average R3616. ive taken my daughter out of a private school and have put her in a government school. our expenses shared would be R2200 each towards the child, but the father refuses to pay anything more than that. i have applied to the court as all i request is an increase of R500 more to his contribution. do i stand a chance in court?,3524, good day i have a 7year old daughter, the father has been contributing an amount of R1500 every month towards her school fees and other needs. ive been spending on average R3616. ive taken my daughter out of a private school and have put her in a government school. our expenses shared would be R2200 each towards the child, but the father refuses to pay anything more than that. i have applied to the court as all i request is an increase of R500 more to his contribution. do i stand a chance in court?,3525, Good day You do not mention the father’s earnings. If he can afford to pay more, the court would order so.,3531, Good Day the father earns twice as much as i do and our daughter is his only child.,3537, GOOD DAY MY SON HAS 1 CHILD WIH ONE WOMAN AND 2 WITH ANOTHER WOMAN, THEY ARE TRYING TO BLEED HIM DRY THE ONE CUSTODY WAS FOR R 4500.00 FOR THE 2 AND SHE THREATENS HIM AND HE HAS TRIED TO TAKE HIS LIFE 3 TIMES NOW BY SLASHING HIS WRISTS AND WE AS PARENTS MUST PICK UP THE PIECES AND SHE HAS STARTED THREATENING HIM AGAIN AND IF I LOOSE MY SON BECAUSE OF THEM WHAT DO I DO WALD CALMLY AWAY ?????????????????????????????/,3547, Good day Then he needs to pay about double what you would pay or spend on the child.,3551, Good Day My ex husband is a medical DR and he has been giving 1250×2 for our two daughters since 2015. and pays for their school fees (23500 a year for both kids) and buys 750 clothes for each child. i have been to court to increase this but with no help the whole year of 2018 January to December been to court. i have done section 31 because he wasn’t paying for the kids medical aid and on the order done in 2015 it stated that he should pay or put both the kids to the medical aid but he never. again he has no relationship with the kids to know what they need nor on their birthdays or xmas he buys them presents. he makes about i have bought a house where i stay with the kids and put both on my medical aid . please advice what i must do in this case.,3563, Hi if missed the court date due to work what can I do to get another date. So the father of my child wasn’t served because I had to be there with the police so I’ve been told I’m confused as to how it works.,3583, Good day If you and the father were not at the Court, then the Court most probably removed it from the court roll. It is best you re-apply or call the court to find out what you should do.,3624, Good day You should apply for an increase in child maintenance at the maintenance court.,3629, Good day Your son must go to the police and obtain a protection order against them.,3632, Good day. I have a child out of wedlock. When I left her father she was 2years now she’s going onto 7years I never claimed maintenance cause I was always turned away by the courts cause he wasn’t working. He was in a car accident years back and now as collected a portion of his R.A.F money. Can I now claim maintenance? If so what is the procedure?,3658, Good day, I am going to court in March 2019, the father of my child has never ever taken care of our son financially since he was born. Is the court able to backdate the money that I want to claim for maintenance?,3665, Good day We have been divorced for 5 years and my ex has only paid maintenance for 2 of those. He is self employed and in and out of work. I ask every month but he makes excuses for not having any money to give. He says he doesn’t have a bank account due to bad debt. What can be done if he works unconsistantly and in all probability doesn’t really make a concerted effort to find work? Thanks in advance,3666, My husband and his x_wife separate has been 4 years ,she divorce outside usa ,she mentally&emotionally torture my husband even these days,he take care of his son even more than he effort,now she filed child support but my husband fail to prove ho w much he spent on him what to do next,3668, Your husband needs to work out his income and expenses. If he cannot do that, then he will encounter problems.,3669, Good day We still advise you to take the matter to the maintenance court. The maintenance court would then deal with him.,3671, Good day Yes, the court is able to make such an Order.,3672, Good day The same way you applied the first time for maintenance, you should apply now. Go to the Maintenance Court ASAP.,3677,

Posted on 11 February 2025 by Telelaw

Please advice. I am a divorced father of 5 children. My take home salary is R16000 a month and my ex wife’s take home is R26000 a month. I am paying the following: kids medical aid R5000 whilst she’s only alone in her medical aid Car installment R4600 a month Continue Reading

Factors to consider when searching for child custody, divorce or child maintenance lawyers?
[caption id="attachment_8801" align="alignleft" width="260"] Child Custody Lawyer, Divorce Lawyer, Cape Town[/caption] Not all lawyers are the same. Just as not all doctors are the same. You won’t go to a medical doctor who is a foot specialist (podiatrist) if you have a skin problem. For that, you will see a Dermatologist. This you would do, even if the podiatrist knows a bit about skin illnesses and diseases and is, nonetheless, a medical doctor. The same principles apply to the law and to lawyers. Various lawyers specialise in various fields of law. Some know more, and some know less. You won’t meet with a property lawyer if you have been accused of medical malpractice; or would you? You get the point we are trying to bring across.

Factors to consider when enlisting legal service from a legal practitioner

There are Important factors to consider when employing, or enlisting the services of a lawyer (attorney, advocate, legal consultant, etc.) A few of these factors as follows:

Location of the lawyer

This is not always an issue as the advice can be provided via a video call or telephonically. If it comes to litigation, it may be an issue. If you live in Cape Town and the lawyer in Johannesburg, there would be additional traveling costs to consider.

The Cost or Fee of the Lawyer

Not all legal practitioners charge the same for their services. Depending on the years of experience of the lawyer, he or she would charge a higher or lower fee. The same applies to his or her expertise. If he or she is an expert in a certain field of law, the fee may be higher than a generalist attorney. Therefore, if you do not need expert advice, consult with an advocate or attorney with enough experience to be able to assist you. [caption id="attachment_8800" align="alignleft" width="269"] Advocate, Attorney, Consultant

Child Custody Lawyer, Divorce Lawyer, Cape Town[/caption]

Gender of the Attorney or Advocate

There is not much that can be said about this factor. Some people prefer one gender over the other. The bottom line is to be comfortable with the person you are consulting with. Many times, especially in litigation, you may see your lawyer a few times a month for up to two (2) years.

Availability of your lawyer

Some lawyers are extremely busy and in demand. Ensure that the lawyer you are making use of has the time to attend to your matter expeditiously.

Experience of the lawyer

There is no substitute for experience. If your matter is simple, then experience may not be a big issue. If your matter is complicated, more experience is required. Obviously, as outlined above, with experience, there comes a higher price tag.

The language which is spoken by the lawyer

It may be a good idea to make use of a lawyer who speaks your first language. If there is a language barrier, the lawyer may assume certain facts. The same applies to the client.

Don’t speak to me, speak to my lawyer

You often hear the phrase, “do not speak to me, speak to my lawyer.” This phrase although popular may only be useful in certain circumstances. Unless you have many lawyers at your disposal or one that knows it all an is an expert in all areas of law, it won’t always be a good referral. Chanting that phrase may not be a good idea.

Professional services come at a fee

Not everyone can afford the services of a lawyer (attorney or advocate). Legal practitioners are trained professionals, who would charge a fee for their time and services. The same as any professional or business would charge. Luckily the law does not force one to make use of an attorney or advocate when appearing in court or dealing with legal matters. You can represent yourself in a legal matter or conduct your own defense. But please, at no point do we say you should not seek legal advice or assistance. If you can afford it, or have access to it, obtaining sound legal advice and assistance in a matter is invaluable. Now let us move on to apply the aforementioned principles to sourcing a lawyer in relation to children matters. Here we are referring to matters regarding child custody, guardianship, maintenance and so on.

Matters regarding children

When it comes to matters regarding minor children, the same principles as above apply. Maybe more so, as children are represented by adults in litigation. Most of the time it’s their parents, and sometimes, their caregivers. Sound legal advice is therefore paramount. If you have access to or can afford the services of a lawyer, it is important that you make use of an experienced and knowledgeable family law practitioner. There are many subbranches of family law. For example, a divorce lawyer may not deal with issues regarding relocation or passport application consent. Some legal practitioners practice commercial law, criminal law, and others, property law. Although one can always learn the law, making use of a legal practitioner with limited experience in a family law matter could cost you your case.

Where to find a family law practitioner?

The internet is always a good place to start. Many law firms and consultancies have websites showcasing their experience and services. Sometimes you will hear of a law firm on the radio, or on social media. Word of mouth is also a good source. Notwithstanding where you find the details of a legal practitioner, you would like to find out if he or she is the right person for your case.

Questions to ask a lawyer at your first meeting

The most important thing to determine from your lawyer is whether not he or she is capable of handling the matter at hand. If the matter is simple, then an expert in litigation would not be appropriate. However, if your matter calls for a court of law to make a decision on the matter, then a legal practitioner who has sufficient experience in litigation would be appropriate. This would be especially so when dealing with an urgent child custody matter. Therefore, you need to ensure that the lawyer you are consulting with is the type of lawyer you will require.

Practical example on which lawyer to source

Let’s say you are involved in a custody dispute. You and the other parent of the child just separated. The other parent now decides to leave the country with a minor child without your consent. Let’s say, in this case, it is the mother. Only the mother’s name is on the birth certificate. She books the ticket for her and the child and tells the authorities she does not know who the father is. She is therefore set to leave the country the next day. The father hears about this and does not want the child to leave the Republic of South Africa. He has full parental responsibilities and rights as he was actively involved in the child’s life since her birth. In this case, an urgent court application should be made. Here an experienced attorney and advocate should be approached to stop the mother from leaving the country with the minor child. After the lawyers stopped the mother from leaving the country, a few days later, she applies for child maintenance. Both parents are salary earners, and the child’s’ expenses are basic. Under these circumstances, a reasonably experienced legal practitioner would be appropriate. They are many other factors to consider when employing the services of a lawyer. This would depend on the nature of your case. 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

Factors to consider when searching for child custody, divorce or child maintenance lawyers? Not all lawyers are the same. Just as not all doctors are the same. You won’t go to a medical doctor who is a foot specialist (podiatrist) if you have a skin problem. For that, you will Continue Reading

The plight and fight of unmarried fathers in obtaining primary care (custody) of their children in South Africa. Can the battle be won, and what are their rights?
By Advocate Muhammad Abduroaf (LL.B LL.M) There is a common misconception that if a child was born out of wedlock, only the mother can be the primary caregiver of the child concerned. This may however generally be the case. However, it is presumed by some that if a mother cared for the child since his or her birth, the father would not be able to be the child’s primary caregiver. In other words, the child would no longer live with the mother, but with the father. We do not blame our clients for thinking so. That is the stereotype. However, as the world changes, so does the law. We are often approached by fathers who have a child that was born out of wedlock. He and the mother most probably lived together when the child was born. But things did not work out between them. The mother moved out and lived with her parents or on her own. The father would then regularly have contact with the child. The type of contact would be decided by the mother. Now the question is, even if the child is 10 years old, is it theoretically possible for the child to be cared for by the father and live with him primarily? The answer to that is yes. This is so, as the law looks at what is best for the child concerned.
What is the best interests of the child principle when it comes to parenting?
Both the South African Constitution and the Children’s Act, says that the child’s best interests are given priority. In other words, a child’s best interests are of paramount importance in matters relating to it. Therefore, for one to assume at the outset, that only mothers are the best primary caregivers, it is not only incorrect but potentially dangerous when dealing in children matters. The law expects us to look at all factors, not only who historically looked after the child, but also, the possibility of whether the father can better care for the child go forward. Also, as the child’s best interests are of paramount importance, deciding as to whether or not to move a child from the primary care of a mother to that of the father should not be done lightly. Therefore, even if the father 10 years later, can on the face of it care better for the child than the mother, this should not be the deciding factor. One would need to look at the emotional and psychological impact it would have on the child as well.

What would be an ideal situation where moving the child from the mother to the father would be warranted?

In our view, material comforts are not reason enough to move a child from the primary care of a mother to that of a father. If the father is a wealthy person, and the mother not, he can be ordered to pay more child support towards the child’s expenses. However, if the child is of a certain age, and he needs to have certain living conditions, and the father has it, then that would be a possible factor. For example, if the child is a gifted swimmer, 17 years old and in matric, a need to train consistently, then it makes sense that the father’s living amenities may be an important factor to justify the movement of the child.

Drug Abuse, Alcohol Abuse, and Mental Illness. Are these factors?

Then there is the obvious reason to move the child from the primary care of the mother to that of the father. This would be because the mother is incapable of caring for the minor child. She may have developed a mental illness, become an uncontrollable alcoholic, or addicted to illegal drugs. However, this alone does not automatically call for the father to be the minor child’s primary caregiver. It must first be determined that he can in fact care for the child. If the father only had supervised contact with the minor child and has his own issues, then in such a case, it may be better if the child is placed in foster care.

So it all depends on the facts and circumstances of the child and parents?

What we are attempting to demonstrate above is that depending on the facts and circumstances, it may be best that a child is moved from the care of a mother who cared for the child since birth, and be placed in the care of the father. The circumstances do not necessarily have to be serious like alcoholism a drug abuse on the part of the mother. Other reasons could be the academic needs, or the preference of the child, depending on his or her age. What can a father do if he wants to have primary care of his 10-year-old child? As stated above, the law looks at what is best for the child when it comes to who is to be the primary caregiver. It is just not there for the taking. If the parents can agree to a change of primary care, then the law would in most instances respect such a decision. However, if they cannot agree, the father would have to approach the competent court. But before doing so, he should attempt to mediate the matter.

What about the Child Care expert’s recommendations (Social worker, psychologist, Office of the Family Advocate)?

If mediation fails, and the matter proceeds to court, the court may decide to call on child care experts to assist the court in the matter. A social worker, psychologist, or the office of the family advocate may be appointed to provide a report and recommendations to the court. The court would only be guided by this document. In other words, the court would not be bound by the recommendations of the experts. If the court determines based on all the facts of the matter, that it would be in the minor child’s best interests for the father to have primary care; the court would then so order it. Therefore, in answering the question posed above; yes, an unmarried father in South Africa can obtain full custody of a 10-year-old child. This depends on the facts of the matter of course. Advocate Muhammad Abduroaf, Advocate of the High Court of South Africa Member of the Legal Practice Council 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

The plight and fight of unmarried fathers in obtaining primary care (custody) of their children in South Africa. Can the battle be won, and what are their rights? By Advocate Muhammad Abduroaf (LL.B LL.M) There is a common misconception that if a child was born out of wedlock, only the Continue Reading