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

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

1. How to Change your Matrimonial Property Regime
2. Do your own Unopposed Divorce. No lawyers needed and its Free.
3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
5. Divorce guide

• Sample of High Court Summons
• Particulars of Claim
• Notice of Set Down

Free Child Maintenance Calculator

1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
2. Child Maintenance Question. How much should I pay or contribute as a parent?
3. Child Support or maintenance claims. Does an unemployed father pay?
4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
5. Tricks and tips on how to win your child maintenance case

Other Resources

Free DIY Toolkit

Urgent Holiday Contact Toolkit

Relocation with my minor child to the United States of America, New York (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. Relocation of your minor child to New York, the United States of America If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor child or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Cape Town or Johannesburg, and you want to relocate to Miami or New York, the United States of America, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent does not agree to the relocation. What about Passport Consent to travel or relocate to New York, the United States of America? The same applies when it comes to your minor child applying for a South African passport to relocate to the United States of America, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application. In this regard, both parents have to be at the Department of Home Affairs when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to co-operate with the passport application. What are the steps to follow when I want to relocate to New York, the United States of America with my minor child? To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa. What can I do if the other parent does not want to consent to the minor child’s relocation to the United States of America? If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to New York, the United States of America, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to New York, the United States of America. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate, the Court would make it possible despite the issue of consent. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to New York, the United States of America? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to New York, the United States of America – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to New York, the United States of America, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessarily to make the relocation of the minor child possible.

Family Law Services – Cape Town – Provided by an Attorney or Advocate

Family Law: We at Our Lawyer (Pty) Ltd provide a range of family law related legal services and advice to our clients. They range from child maintenance, custody and divorces to registering a family trust and ante-nuptial contract. Feel free to contact us for any our our services.

Divorce Services

We assist with the following divorce services:

Unopposed or uncontested divorces

These divorces apply when a couple approaches us for a friendly and speedy divorce. The advantage is that of time and money saving. We agree on a fee before hand and it take about 4 weeks to finalise.

Contested Divorces

These divorces would apply when both you and your spouse have not come to an agreement regarding the divorce. The dispute could either be that one party wants a divorce, and the other not, or on some other issue. An issue could be one regarding a dispute in relation to who gets Custody over the Children, or how much maintenance should be paid. If the parties cannot resolve the issues, then a Trial should run. This can be very costly and time consuming. Most of the time, after a summons has been issues with reasonable requests therein, the matter can easily be resolved. We would be able to set you up with your legal representatives to try to finalise your divorce as soon as possible, even thought you presume there may be issues on the part of your spouse. Usually, once parties gets around the idea of the divorce, they are quick to become reasonable and finalise matters, to save money and time. Click on the pictures below to set up an appointment with us today. [caption id="attachment_4766" align="alignleft" width="300"] Divorce Services Cape Town – Fast and Easily Advocate Attorney[/caption] [caption id="attachment_4767" align="alignleft" width="300"] Unopposed Divorces – Cape Town – Attorney Advocate[/caption]   [caption id="attachment_4763" align="alignleft" width="300"] Uncontested Divorces Cape Town Cheap and Affordable Advocate Attorney[/caption]                      

Parenting Plans

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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

Legal Advice in Brooklyn– Family law legal topics

• Child Maintenance
• Ante-nuptial Contact
• Change Matrimonial Property Regime
• Child Adoption
• Child Custody and Access
• Domestic Violence Protection
• Family Trust Registration
• Fast Unopposed Divorces
• Non-Compliance with maintenance orders
• Parenting Plans
• Postnuptial Contract Registration
• Pre-nikkah Agreement

Child Maintenance

1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
2. Child Maintenance Question. How much should I pay or contribute as a p
3. Child Support or maintenance claims. Does an unemployed father pay?
4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
5. Tricks and tips on how to win your child maintenance case

Child Custody

1. The Law Regarding Children – The Children’s Act 38 of 2005
2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
3. How do I get full custody over my child?
4. Parental Child Abuse in Custody Cases
5. Relocate with minor child. Parent Refusing Consent for a Passport
6. Father being refused contact to his child! What are his rights as a Father?
7. Father’s Parental Responsibilities and Rights to his Child
8. Urgent Access to your Children without a Lawyer
9. Parenting Plans and the Law
10. What happens in a custody dispute where one parent is mentally ill?
11. How to win your child custody and access court case – Tips and Tricks
12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

1. How to Change your Matrimonial Property Regime
2. Do your own Unopposed Divorce. No lawyers needed and its Free.
3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

• Divorce guide
• Sample High Court Summons
• Particulars of Claim
• Notice of Set Down

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

1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
3. 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.
4. We urge potential clients to read their email well as well as the terms and conditions within the email.
5. Only once payment has been made, will the face to face legal consultation be confirmed.
6. 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.

Free legal products if you live in Brooklyn

1. Free Basic Will Tool Kit
2. Free Shariah Will Template
3. Free Divorce Starter Tool Kit
4. Free Child Maintenance Calculator
5. Free DIY Urgent Child Contact Toolkit
6. Urgent Holiday Contact Toolkit

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

Drafting of Employment Contracts

• Business Legal Support
• Business Legislation Compliance
• Drafting of Business Contacts
• Drafting Employment Contacts
• Business Legal Training
• Private and Non Profit Company Registrations
• Credit Profiles
• Business Trusts Registration

• Name (of potential client)
• Surname (of potential client)
• Email Address
• Home Address
• Contact details
• Date and time of consultation
• Nature of legal matter
• Payment methods are highlighted and terms and conditions .

Family legal consultancy –  divorce matters

1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
2. Child Maintenance Question. How much should I pay or contribute as a parent?
3. Child Support or maintenance claims. Does an unemployed father pay?
4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
5. Tricks and tips on how to win your child maintenance case

• Child Maintenance
• Ante-nuptial Contact
• Change Matrimonial Property Regime
• Child Adoption
• Child Custody and Access
• Domestic Violence Protection
• Family Trust Registration
• Fast Unopposed Divorces
• Non-Compliance with maintenance orders
• Parenting Plans
• Postnuptial Contract Registration
• Pre-nikkah Agreement

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,

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

Location of the lawyer

The Cost or Fee of the Lawyer

Gender of the Attorney or Advocate

Availability of your lawyer

Experience of the lawyer

The language which is spoken by the lawyer

Don’t speak to me, speak to my lawyer

Professional services come at a fee

Matters regarding children

Where to find a family law practitioner?

Questions to ask a lawyer at your first meeting

Practical example on which lawyer to source

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?

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

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

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