The rights of parents to have contact with their children during the holiday season
It is that time of the year where schools are closed and most parents can take off work. This is either due to being allowed to take some leave days or the business itself is closed during that period. Whatever the reason, parents wants to spend time with their children during the holidays. And rightfully so. If parents are children live in the same home, there would not be much of a problem regarding contact. Or no problem at all. Parents and children would see each other every moring and before going to sleep. The challenge arise when parents and children do not live in the same home.
Parenal Responsibilities and Rights of parents
Alot has been written on the top of parental responsiblities and rights on this website. Extensive reference is made to relevant sections of the Children’s Act. However, to simply things, parental responsiblities and rights refers to the parental responsiblities and rights a parent has to look after a child. That can be in the form of food, shelter, clothing, education, visitation and so on. Basically, to form part of the child’s life in a meaningful way. Parental responsiblities and rights refers to responsiblities and rights. They go hand in hand. You cannot say you have a right to have contact with your child, but not interested in execising your responsibility of feeding and clothing the child. The law does not work that way.
What should parents do if they are not allowed contact during the holidays?
Firstly, it is the right of the child to have contact with both parents during their school holidays. It not not neccessary the right of the parents as the law focuses of what is best for the child. Seconldy, it is the duly and responsiblity of both parents to ensure that they make it possible for both parents to have contact with the minor child. This is so, despite the issues and differences the parents might have.
What do you do if contact is frutrated?
If they cannot come to an agreement, then it is stronly recommened that they have the issue mediated as soon as possible. There are many people that can assist in mediaton. That can be someone you both trust and respect or a professional personal trained in family mediation. With regard to someone you trust and respect, it could be your religious leader, family elder or a trusted friend. Regarding professionals, that can be a social worker, lawyer, pyschologist or someone with mediation training. It is best to make use of some who has family law experience. However, it is not always neccessary depending on the issues at hand.
What do I do if mediation is now possible or unsuccessful?
Mediation will not always be successful. Howewer, depite it now always being successful, many benefits comes from a mediation session. For one, the parents would be one step closer in understanding what the issues are, at least from the other side. That can be invaluable as it often happens, couples usually speak or argue past each other when they are alone. In a mediation setting, whether formal or informal, the are forced to listen to each other. However, if the mediation session is unsuccessful or not possible, then the the law comes into play. Before going to court, you may want to consider seeing an attorney or advocate if you can afford it. They may consider the option of sending the other parent letter and try to resolve the matter out of court. Often it works and it is something you may wish to consider. However, if it is something you cannot afford, or it does not yield any noteworthy results, then approaching the court is your next option. This we deal with next.
When to approach the Court when it comes to care and contact disputes?
It does not benefit the child nor you to execise contact or care which is not adequate. In other words, if you should have more contact to your child, you should fight for it. The same applies to a parent who is abusing his or her parental responsibilities and rights. If you feel that they are doing so, the situation must changes which is in the child’s best interest. This could mean affording him or her last contact and care. Therefore, if speaking to the other party, mediation, or lawyer’s letter does not work, then taking it to a court of law is the only viable option. The Court is the upper guardian of all minor children. Therefore, it overrides the rights of both parents. It can therefore limit, take it away or increase or assign parental rigths. Ultimatley, the Court would decide what is best for the minor child involved.
Can I urgently have contact to my child during the holiday season?
If you are denied adequate contact rights to your minor child, you have the right to urgenly approach the court to relief. The High Court would need to be approach for urgenly relief. The Children’s Court may be able to assist, but not as fast as the High Court would. However, the High Court can be expensive if you are making use of attorney and advocates. Therefore, to avoid approaching the High Court and have your matter heard in the Children’s Court, do not wait until the last minuite to enforce your rights. Especially when it comes to end of year holdiday contact.

Posted on 11 February 2025 by Telelaw

The rights of parents to have contact with their children during the holiday season It is that time of the year where schools are closed and most parents can take off work. This is either due to being allowed to take some leave days or the business itself is closed Continue Reading

[caption id="attachment_10839" align="alignnone" width="667"] Relocation consent Court Order for minor child to Switzerland – Advocate Muhammad Abduroaf[/caption]
I want to relocate from South Africa to Switzerland with my minor child. The other parent does not want my child to relocate to Switzerland. What can I do?
Switzerland is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to Switzerland, if a minor child will be joining that parent and also relocating to Switzerland, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to Switzerland. Before we do so, let us list the various cities and towns in Switzerland to which you may want to relocate: Zürich, Geneva, Basel, Lausanne, Bern, Winterthur, Lucerne, Sankt Gallen, Lugano, Biel/Bienne, Thun, Bellinzona, Köniz, La Chaux-de-Fonds, Fribourg, Schaffhausen, Vernier, Chur, Sion, Uster, Neuchâtel, Landecy, Zug, Yverdon-les-Bains, Emmen, Dübendorf, Kriens, Rapperswil-Jona, Dietikon, Montreux, Wetzikon, Baar, Meyrin, Wil, Bulle, Horgen, Carouge, Frauenfeld, Kreuzlingen, Wädenswil, Riehen, Aarau, Allschwil, Renens, Wettingen, Nyon, Bülach, Vevey, Opfikon, Kloten, Reinach, Baden, Onex, Adliswil, Schlieren, Volketswil, Pully, Regensdorf, Gossau, Muttenz, Thalwil, Monthey, Ostermundigen, Littau, Grenchen, Olten, Sierre, Solothurn, Pratteln, Burgdorf, Freienbach, Wohlen, Locarno, Wallisellen, Morges, Steffisburg, Herisau, Langenthal, Binningen, Einsiedeln, Lyss, Mendrisio, Arbon, Liestal, Stäfa, Küsnacht, Horw, Schwyz, Thônex, Meilen, Oftringen, Amriswil, Versoix, Richterswil, Rheinfelden, Brig-Glis, Gland, Küssnacht, Muri, Zollikon, Ecublens, Spiez, Delémont, Buchs, Prilly, Chêne-Bougeries, Le Grand-Saconnex, Rüti, Münchenstein, Villars-sur-Glâne, Affoltern am Albis, Arth, La Tour-de-Peilz, Pfäffikon, Spreitenbach, Altstätten, Zofingen, Veyrier, Bassersdorf, Weinfelden, Belp, Worb, Hinwil, Romanshorn, Oberwil, Brugg, Möhlin, Männedorf, Davos, Plan-les-Ouates, Waltikon, Lenzburg, Flawil, Neuhausen am Rheinfall, Le Locle, Suhr, Sarnen, Aesch, Birsfelden, Lutry, Bernex, Maur, Aigle, Naters, Steinhaus, Therwil, Payerne, Gossau, Sursee, Hochdorf, Urdorf, Wald, Estavayer-le-Lac, Wittenbach, Widnau, Epalinges, Rorschach, Embrach, Altdorf, Langnau, Goldach, Schübelbach, Arlesheim, Niederhasli, Rothrist, Aadorf, Ingenbohl, Oberriet, Zuchwil, Unterägeri, Landquart, Neuenhof, Hünenberg, Fully, Lachen, Wattwil, Bussy, Conthey, Mels, Egg, Hombrechtikon, Fällanden, Biberist, Obersiggenthal, Le Mont-sur-Lausanne, Reinach, Kilchberg, Stans, Oberentfelden, Murten, Bagnes, Aarburg, Domat/Ems, Chiasso, Buchs, Düdingen, Crissier, Rümlang, Visp, Muri, Au, Willisau, Bex, Sirnach, Bremgarten, Gränichen, Chavannes-près-Renens, Savièse, Dietlikon, Windisch, Rothenburg, Dürnten, Langnau am Albis, Ollon, Hirslen, Moutier, Villmergen, Minusio, Seuzach, Rorschacherberg, Wollerau, Untersiggenthal, Meggen, Herzogenbuchsee, Bubikon, Reiden, Altendorf, Grabs, Orbe, Châtel-Saint-Denis, Oberglatt, Frutigen, Ruswil, Schwarzenburg, Heimberg, Saanen, Nidau, Dornach, Losone, Bottmingen, Sissach, Porrentruy, Beromünster, Thal, Oberengstringen, Trimbach, Wiesendangen, Derendingen, Würenlos, Diepoldsau, Frenkendorf, Uznach, Oberuzwil, Birmensdorf, Fehraltorf, Vétroz, Kerns, Menziken, Buchs, Herrliberg, Oensingen, Teufen, Bolligen, Rolle, Massagno, Gelterkinden, Küttigen, Blonay, Boudry, Uetikon am See, Moudon, Balsthal, Buchrain, Biasca, Obererli, Alpnach, Bischofszell, Glarus, Kirchberg, Dielsdorf, Zell, Saxon, Uetendorf, Sankt Margrethen, Rüschlikon, Peseux, Hergiswil, Villeneuve, Unterseen, Jegenstorf, Echallens, Neftenbach, Saint-Prex, Walenstadt, Appenzell, Zermatt, Mellingen, Lindau, Interlaken, Sennwald, Nürensdorf, Kaiseraugst, Cologny, Erlenbach, Frick, Laufen, Colombier, Fislisbach, Bonstetten, Ascona, Dagmersellen, Rupperswil, Thayngen, Courtepin, Schattdorf, Gebenstorf, Adligenswil, Münchwilen, Greifensee, Obfelden, Buochs, Vechigen, Seon, Préverenges, Konolfingen Dorf, Romont, Feusisberg, Lengnau, Bellach, Lausen, Gerlafingen, Hitzkirch, Glattfelden, Saint Légier-La Chiésaz, Eglisau, Gommiswald, Ettingen, Sachseln, Hägendorf, Zumikon, Fraubrunnen, Sevelen, Schwerzenbach, Oberrieden, Wangen bei Olten, Wangen, Dulliken, Sumiswald, Root, Ebnat-Kappel, Bäretswil, Chavornay, Saint Moritz, Bauma, Geroldswil, Niederglatt, Schönenwerd, Bettlach, Elgg, Strengelbach, Mettmenstetten, Sainte-Croix, Flums, Kaltbrunn, Huttwil, Sigriswil, Ehrendingen, Ennetbürgen, Balgach, Zuzwil, Niederlenz, Berikon, Weiningen, Oetwil am See, Turbenthal, Cortaillod, Wängi, Niederbipp, Egnach, Oberkirch, Würenlingen, Gordola, Troistorrents, Saint-Sulpice, Triengen, Le Landeron, Beringen, Tägerwilen, Aarberg, Confignon, Meiringen, Stabio, Scuol, Le Chenit, Stansstad, Morbio Inferiore, Saint-Maurice, Tramelan, Menzingen, Monte Ceneri, Bronschhofen, Aarwangen, Winkel, Füllinsdorf, Zufikon, Kölliken, Rafz, Oberbüren, Agno, Klosters Platz, Schötz, Schöftland, Bubendorf, Brügg, Rebstein, Speicher, Eschlikon, Weggis, Gachnang, Caslano, Russikon, Birr, Cheseaux-sur-Lausanne, Wolhusen, Utzenstorf, Kehrsatz, Wichtrach, Avenches, Sins, Bad Zurzach, Uitikon, Schüpfheim, Lucens, Lens, Vouvry, Satigny, Engelberg, Sempach, Gross Höchstetten, Heiden, Unterentfelden, Lützelflüh, Paradiso, Degersheim, Niederrohrdorf, Matten, Dällikon, Roggwil, Oberrohrdorf, Ayent, Döttingen, Hilterfingen, Prangins, Leysin, Hunzenschwil, Diessenhofen, Seengen, Bürglen, Berneck, Brittnau, Böttstein, Lostorf, Leuk, Magden, Chamoson, Dottikon, Muhen, Sulgen, Niedergösgen, Nottwil, Breitenbach, Pfungen, Safenwil, Bürglen, Vallorbe, Schänis, Unterengstringen, Grindelwald, Bevaix, Langendorf, Founex, Jonschwil, Steckborn, Reichenburg, Erlen, La Neuveville, Hedingen, Schüpfen, Belmont-sur-Lausanne, Mönchaltorf, Schmerikon, Widen, Port, Stallikon, Egerkingen, Beckenried, Walchwil, Elsau, Giswil, Rüti, Hausen am Albis, Feuerthalen, Hausen, Tavannes, Laufenburg, Reichenbach im Kandertal, Hittnau, Stein, Plaffeien, Eschenbach, Mörschwil, Büren an der Aare, Ins, Erlinsbach, Merenschwand, Chalais, Attalens, Poschiavo, Waldkirch, Ennetbaden, Klingnau, Luterbach, Gams, Steinmaur, Château-d’Oex, Ermatingen, Selzach, Münsterlingen, Grimisuat, Zizers, Yvonand, Rheineck, Steinen, Berg, Bösingen, Vacallo, Thunstetten, Corsier-sur-Vevey, Stein am Rhein, Adelboden, Rickenbach, Grüningen, Grandson, Savigny, Staufen, Bonaduz, Entlebuch, Courroux, Romanel-sur-Lausanne, Tuggen, Trimmis, Weisslingen, Bellevue, Buttisholz, Penthalaz, Belfaux, Madiswil, Beinwil am See, Balerna, Rüegsbach, Bätterkinden, Aubonne, Grosswangen, Kappel, Thusis, Ardon, Saint-Blaise, Leytron, Subingen, Stein, Ursy, Arosa, Orsières, Kirchlindach, Hofstetten, Le Mouret, Coppet, Niederhelfenschwil, Hettlingen, Neerach, Laupen, Oberdorf, Seedorf, Stettlen, Lupfig, Brienz, Torricella, Unterkulm, Gais, Roggwil, Echichens, Benken, Niederweningen, Zweisimmen, Grossaffoltern, Turgi, Schafisheim, Courrendlin, Birmenstorf, Müllheim, Mühleberg, Murgenthal, Meisterschwanden, Chardonne, Geuensee, Coldrerio, Schenkon, Quarten, Wattenwil, Oberburg, Waltenschwil, Cadenazzo, Samedan, Matzingen, Faido, Sarmenstorf, Etoy, Märstetten, Othmarsingen, Mosnang, Menznau, Puidoux, Commugny, Täuffelen, Däniken, Rorbas, Boswil, Flims, Otelfingen, Niederwil, Bergdietikon, Ennenda, Orpund, Fischingen, Ballwil, Gretzenbach, Genthod, Riaz, Rickenbach bei Wil, Rain, Horn, Ettiswil, Lengnau, Cugy, Lauterbrunnen, Vionnaz, Höri, Oberkulm, Corminboeuf, Muralto, Montanaire, Schiers, Pfaffnau, Evilard, Kaisten, Signau, Rickenbach, Wilderswil, Mont-sur-Rolle, Broc, Riva San Vitale, Lenzerheide, Nebikon, Bioggio, Hauterive, Felsberg, Saillon, Rapperswil, Lauperswil, Courtételle, Saignelégier, La Sarraz, Lonay, Maggia, Buchegg, Froideville, Saint-Cergue, Endingen, Neyruz, Lotzwil, Ringgenberg, Zunzgen, Inwil, Ottenbach, Riggisberg, Affeltrangen, Kemmen, Büron, Wimmis, Bönigen, Hölstein, Sant’ Antonino, Roveredo, Wilen, Untervaz, Toffen, Fischenthal, Troinex, Vandœuvres, Corcelles-près-Payerne, Hohenrain, Puplinge, Oetwil an der Limmat, Meikirch, Wigoltingen, Saint-Léonard, Eggiwil, Oberdorf, Thierachern, Hägglingen, Grône, Rothenthurm, Vuadens, Anières, Zwingen, Saint-Aubin-Sauges, Rüthi, Unteriberg, Rüderswil, Novazzano, Malans, Wiedlisbach, Freienstein, Ueberstorf, Lufingen, Krauchthal, Pfeffingen, Hildisrieden, Gersau, Courgenay, Vuisternens-devant-Romont, Reconvilier, Urnäsch, Martigny-Combe, Wangen an der Aare, Riedholz, Zeiningen, Knonau, Bardonnex, Büsserach, Oberbuchsiten, Eiken, Neunkirch, Worben, Corseaux, Udligenswil, Wolfwil, Stadel bei Niederglatt, Henggart, Neuheim, Schinznach Dorf, Canobbio, Diemtigen, Wauwil, Sankt Niklaus, Chexbres, Gimel, Siviriez, Neuendorf, Knutwil, Dintikon, Bottighofen, Cazis, Hallau, Ormalingen, Savosa, Altnau, Deitingen, Obergösgen, Stetten, Andelfingen, Gruyères, Ennetmoos, Gontenschwil, Leuggern, Pontresina, Castel San Pietro, Aegerten, Itingen, Auw, Seftigen, Fahrwangen, Meinier, Villigen, Werthenstein, Lungern, Mägenwil, Corsier, Jonen, Marbach, Wolfenschiessen, Koppigen, Mies, Forel, Kleinandelfingen, Sankt Antoni, Grüsch, Killwangen, Ersigen, Wynigen, Oberlunkhofen, Zell, Comano, Alterswil, Gorgier, Vollèges, Brütten, Pfyn, Andwil, Recherswil, Remetschwil, Silenen, Aeugst am Albis, Flüeln, Walzenhausen, Wila, Barbengo, Val-d’Illiez, Flühli, Vordemwald, Begnins, Marthalen, Churwalden, Servion, Raron, Sattel, Genolier, Tolochenaz, Dachsen, Hochfelden, Avry-sur-Matran, Grolley, Winznau, Kallnach, Oberegg, Vezia, Marsens, Ponte Capriasca, Malleray, Cressier, Vernayaz, Nunningen, Lichtensteig, Dänikon, Waldstatt, Dardagny, Röschenz, Seedorf, Uttwil, Laax, Charrat, Alle, Le Noirmont, Grellingen, Dallenwil, Kirchdorf, Schönenberg, Arni, Wolfhalden, Veyras, Pont-en-Ogoz, Laupersdorf, Biglen, Vex, Acquarossa, Kestenholz, Melide, Saint-Aubin, Bühler, Oberweningen, Niederdorf, Rüeggisberg, Massongex, Amden, Fulenbach, Sorengo, Brissago, Römerswil, Oberbipp, Walkringen, Avully, Cugy, Weiach, Penthaz, Künten, Rehetobel, Erlenbach im Simmental, Eschenz, Hasle, Lamone, Wilchingen, Trogen, Lengwil, Hüttwilen, Attinghausen, Weesen, Oberdorf, Starrkirch, La Roche, Schwarzenberg, Corgémont, Wagenhausen, Bellmund, Chancy, Fontenais, Evolène, Schleitheim, Teufenthal, Niederönz, Langwiesen, Rüschegg, Koblenz, Diegten, Gunzgen, Brislach, Roche, Härkingen, Arisdorf, Giffers, Villnachern, Cudrefin, Wynau, Eich, Magliaso, Chippis, Sisseln, Denges, Eysins, Saas-Fee, Zäziwil, Arch, Güttingen, Hirschthal, Bière, Ziefen, Berg, Reigoldswil, Luzein, Auenstein, Heimiswil, Porza, Altishofen, Lütisburg, Tannay, Schwellbrunn, Biberstein, Ossingen, Wohlenschwil, Pfäfers, Cornaux, Bellikon, Seeberg, Auvernier, Bedano, Dinhard, Salgesch, Herznach, Homburg, Duggingen, Perroy, Lommiswil, Jongny, Oberrüti, Cadempino, Wikon, Airolo, Zernez, Les Breuleux, Rue, Buchholterberg, Eichberg, Matran, Melchnau, Niederbüren, Lumino, Tägerig, Cottens, Guggisberg, Bossonnens, Paudex, Attiswil, Aristau, Rhäzüns, Rohrbach, Messen, L’Abbaye, Les Montets, Löhningen, Treyvaux, Ramsen, Apples, Mumpf, Veltheim, Wahlen, Schneisingen, Rüttenen, Tübach, Meierskappel, Mauensee, Origlio. (https://simplemaps.com/data/ch-cities)
Why do I require the other parent’s Consent to relocate to Switzerland?
According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to Switzerland. Here we refer to section 18 of the Children’s Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights (1) A person may have either full or specific parental responsibilities and rights in respect of a child. (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right- (a) to care for the child; (b) to maintain contact with the child; (c) to act as guardian of the child; and (d) to contribute to the maintenance of the child. (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must- (a) administer and safeguard the child’s property and property interests; (b) assist or represent the child in administrative, contractual and other legal matters; or (c) give or refuse any consent required by law in respect of the child, including- (i) consent to the child’s marriage; (ii) consent to the child’s adoption; (iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport; and (v) consent to the alienation or encumbrance of any immovable property of the child. (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the Consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Now let us explain what Parental Responsibilities and Rights are.
What are Parental Responsibilities and Rights of a parent in relation to a child?
As can be seen from section 18(2) of the Children’s Act, when we refer to Parental Responsibilities and Rights, we refer to the following: (a) to care for the child; (b) to maintain contact with the child; (c) to act as guardian of the child; and (d) to contribute to the maintenance of the child. Therefore, if a parent has parental responsibilities and rights over a minor child, and accordingly, rights of guardianship, their Consent is required when it comes to issues of guardianship. As seen from section 18(3)(c) of the Children’s Act above, both parents’ Consent is required should a minor child depart from the Republic of South Africa. In this case, to emigrate to Switzerland. Even if the minor child only wants to go for a short holiday to Switzerland, both guardians’ Consent would be required.
When would the other parent be seen as a guardian in the case of a relocation matter to Switzerland?
It must be noted that not all parents are legal guardians over their minor children. We should therefore distinguish between married or divorced parents and parents who were never married. As you would see below, usually married, or divorced parents’ Consent would be required for a minor child to relocate or emigrate to Switzerland. However, that does not automatically apply to parents who were never married. This could be because the child could have been born from a brief encounter and never met his or her father. It would not make sense that a parent who never met his or her 15-year-old child, should give Consent for relocation to Switzerland.
Mother’s Consent for relocation of the minor child to Switzerland
Section 19 of the Children’s Act deals with the Parental responsibilities and rights of mothers. It states the following: 19 Parental responsibilities and rights of mothers (1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child. (2) If- (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child. (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement. As seen from section 19(1) of the Children’s Act, in most cases involving the relocation of a minor child to Switzerland, the mother’s Consent is required as she has full parental responsibilities and rights over the minor child.
Married father’s Consent for the relocation of the minor child to Switzerland
Section 20 of the Children’s Act deals with Parental responsibilities and rights of married fathers. It states the following: 20 Parental responsibilities and rights of married fathers The biological father of a child has full parental responsibilities and rights in respect of the child- (a) if he is married to the child’s mother; or (b) if he was married to the child’s mother at (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth. As can be seen from sections 20 (a) and (b) of the Children’s Act, if the father and the mother were married, or are married, then his Consent is required for the minor child to relocate to Switzerland. Of course, an exception to this would be should a court of law order otherwise. This would be the case should the parents be divorced and the divorce court ordered that only the mother may act as guardian. Next, we deal with the issue of an unmarried father’s Consent to relocate a minor child to Switzerland.
Consent of unmarried fathers for the relocation of their minor children to Switzerland.
Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. The section states the following: 21 Parental responsibilities and rights of unmarried fathers (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child- (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or (b) if he, regardless of whether he has lived or is living with the mother- (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law; (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period. (2) This section does not affect the duty of a father to contribute towards the maintenance of the child. (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person. (b) Any party to the mediation may have the outcome of the mediation reviewed by a court. (4) This section applies regardless of whether the child was born before or after the commencement of this Act. As can be seen from the latter sections, a father of a child born out of wedlock does not automatically have parental responsibilities and rights over his minor child. He may however acquire those parental responsibilities and rights over his minor child if he is materially involved in the child’s life. That would be where the father and the mother were in a permanent life partnership when the child was born or he is meaningfully involved in the child’s life, as outlined above. We shall not go into much detail regarding that. However, in most cases, if the father had regular contact with the child and paid child support, he would have acquired parental responsibilities and rights over the minor child.
What do you do if the other parent does not want to consent to the minor child relocating to Switzerland?
Suppose the other parent also has parental responsibilities and rights over the minor child, and he or she does not want to consent to the relocation of the minor child to Switzerland, then in such a case, the Court needs to be approached. Here I refer you back to section 18(5) of the Children’s Act referred to above where it states: (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Therefore, after your Court Application has been launched an both sides have been heard, the Court would make the necessary Order. If you are successful in your application for the relocation of your minor children to Switzerland, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10839" align="alignnone" width="676"] Relocation consent Court Order for minor child to Switzerland – Advocate Muhammad Abduroaf[/caption]

Posted on 11 February 2025 by Telelaw

I want to relocate from South Africa to Switzerland with my minor child. The other parent does not want my child to relocate to Switzerland. What can I do? Switzerland is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment Continue Reading

[caption id="attachment_10833" align="alignnone" width="674"] Relocation consent Court Order for minor child to Norway – Advocate Muhammad Abduroaf[/caption]
I want to relocate from South Africa to Norway with my minor child. The other parent does not want my child to relocate to Norway. What can I do?
Norway is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to Norway, if a minor child will be joining that parent and also relocating to Norway, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to Norway. Before we do so, let us list the various cities and towns in Norway to which you may want to relocate: Ålesund, Arendal, Bærum, Bergen, Fana, Bodø, Drammen, Fredrikstad, Halden, Hamar, Hammerfest, Haugesund, Kabelvåg, Kristiansand, Kristiansund, Lillehammer, Molde, Moss, Narvik, Oslo, Porsgrunn, Ringsaker, Sandefjord, Sandnes, Skien, Stavanger, Steinkjer, Svolvær, Tønsberg, Tromsø, Trondheim, Vadsø. (https://www.britannica.com/topic/list-of-cities-and-towns-in-Norway-2050561)
Why do I require the other parent’s Consent to relocate to Norway?
According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to Norway. Here we refer to section 18 of the Children’s Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights (1) A person may have either full or specific parental responsibilities and rights in respect of a child. (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right- (a) to care for the child; (b) to maintain contact with the child; (c) to act as guardian of the child; and (d) to contribute to the maintenance of the child. (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must- (a) administer and safeguard the child’s property and property interests; (b) assist or represent the child in administrative, contractual and other legal matters; or (c) give or refuse any consent required by law in respect of the child, including- (i) consent to the child’s marriage; (ii) consent to the child’s adoption; (iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport; and (v) consent to the alienation or encumbrance of any immovable property of the child. (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the Consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Now let us explain what Parental Responsibilities and Rights are.
What are Parental Responsibilities and Rights of a parent in relation to a child?
As can be seen from section 18(2) of the Children’s Act, when we refer to Parental Responsibilities and Rights, we refer to the following: (a) to care for the child; (b) to maintain contact with the child; (c) to act as guardian of the child; and (d) to contribute to the maintenance of the child. Therefore, if a parent has parental responsibilities and rights over a minor child, and accordingly, rights of guardianship, their Consent is required when it comes to issues of guardianship. As seen from section 18(3)(c) of the Children’s Act above, both parents’ Consent is required should a minor child depart from the Republic of South Africa. In this case, to emigrate to Norway. Even if the minor child only wants to go for a short holiday to Norway, both guardians’ Consent would be required.
When would the other parent be seen as a guardian in the case of a relocation matter to Norway?
It must be noted that not all parents are legal guardians over their minor children. We should therefore distinguish between married or divorced parents and parents who were never married. As you would see below, usually married, or divorced parents’ Consent would be required for a minor child to relocate or emigrate to Norway. However, that does not automatically apply to parents who were never married. This could be because the child could have been born from a brief encounter and never met his or her father. It would not make sense that a parent who never met his or her 15-year-old child, should give Consent for relocation to Norway.
Mother’s Consent for relocation of the minor child to Norway
Section 19 of the Children’s Act deals with the Parental responsibilities and rights of mothers. It states the following: 19 Parental responsibilities and rights of mothers (1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child. (2) If- (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child. (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement. As seen from section 19(1) of the Children’s Act, in most cases involving the relocation of a minor child to Norway, the mother’s Consent is required as she has full parental responsibilities and rights over the minor child.
Married father’s Consent for the relocation of the minor child to Norway
Section 20 of the Children’s Act deals with Parental responsibilities and rights of married fathers. It states the following: 20 Parental responsibilities and rights of married fathers The biological father of a child has full parental responsibilities and rights in respect of the child- (a) if he is married to the child’s mother; or (b) if he was married to the child’s mother at (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth. As can be seen from sections 20 (a) and (b) of the Children’s Act, if the father and the mother were married, or are married, then his Consent is required for the minor child to relocate to Norway. Of course, an exception to this would be should a court of law order otherwise. This would be the case should the parents be divorced and the divorce court ordered that only the mother may act as guardian. Next, we deal with the issue of an unmarried father’s Consent to relocate a minor child to Norway.
Consent of unmarried fathers for the relocation of their minor children to Norway.
Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. The section states the following: 21 Parental responsibilities and rights of unmarried fathers (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child- (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or (b) if he, regardless of whether he has lived or is living with the mother- (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law; (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period. (2) This section does not affect the duty of a father to contribute towards the maintenance of the child. (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person. (b) Any party to the mediation may have the outcome of the mediation reviewed by a court. (4) This section applies regardless of whether the child was born before or after the commencement of this Act. As can be seen from the latter sections, a father of a child born out of wedlock does not automatically have parental responsibilities and rights over his minor child. He may however acquire those parental responsibilities and rights over his minor child if he is materially involved in the child’s life. That would be where the father and the mother were in a permanent life partnership when the child was born or he is meaningfully involved in the child’s life, as outlined above. We shall not go into much detail regarding that. However, in most cases, if the father had regular contact with the child and paid child support, he would have acquired parental responsibilities and rights over the minor child.
What do you do if the other parent does not want to consent to the minor child relocating to Norway?
Suppose the other parent also has parental responsibilities and rights over the minor child, and he or she does not want to consent to the relocation of the minor child to Norway, then in such a case, the Court needs to be approached. Here I refer you back to section 18(5) of the Children’s Act referred to above where it states: (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Therefore, after your Court Application has been launched an both sides have been heard, the Court would make the necessary Order. If you are successful in your application for the relocation of your minor children to Norway, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10832" align="alignnone" width="638"] Relocation consent Court Order for minor child to Norway – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10833" align="alignnone" width="643"] Relocation consent Court Order for minor child to Norway – Advocate Muhammad Abduroaf[/caption]

Posted on 11 February 2025 by Telelaw

I want to relocate from South Africa to Norway with my minor child. The other parent does not want my child to relocate to Norway. What can I do? Norway is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better Continue Reading

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Constantia.
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 Constantia
Whether you claim child maintenance in Constantia, 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 Constantia.
The maintenance scenario – Constantia 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 Constantia
The child is cared for by the mother who works in Constantia
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 Constantia
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 Constantia, it would be the maintenance court in Constantia. 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 Constantia, 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 Constantia Maintenance Court?
Once you have been notified of the maintenance court date by the Constantia 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 Constantia?
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 Constantia 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 Constantia 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, Constantia, 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 Constantia. 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

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Port Elizabeth?
A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Port Elizabeth, the law applicable would be the same throughout South Africa.
Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case:
Experience and Expertise:
Specialization in family law, particularly child custody cases.
Proven track record of successfully handling similar cases.
Knowledge of Family Law:
In-depth understanding of family law.
Awareness of recent legal developments and changes in family law.
Communication Skills:
Effective communication skills to clearly articulate your case in court.
Ability to negotiate and mediate to reach favourable settlements.
Compassion and Empathy:
Understanding and empathy towards the emotional challenges involved in child custody disputes.
Ability to provide emotional support to clients during a difficult time.
Strategic Thinking:
Ability to devise a strategic legal approach tailored to the unique aspects of your case.
Forethought and anticipation of potential challenges.
Availability and Responsiveness:
Prompt responses to client inquiries and concerns.
Availability for meetings, court appearances, and consultations.
Client Reviews and References:
Positive reviews from previous clients.
Recommendations from colleagues or other legal professionals.
Ethical Conduct:
Adherence to professional and ethical standards.
Transparent and fair billing practices.
Courtroom Experience:
Comfort and confidence in a courtroom setting.
Skillful presentation of arguments and evidence.
Resourcefulness:
Resourcefulness in finding legal precedents and utilizing available resources to strengthen the case.
Problem-Solving Skills:
Creative problem-solving skills to navigate complex family dynamics and legal issues.
Custody and Visitation Knowledge:
In-depth knowledge of various custody arrangements and visitation schedules.
Ability to advocate for the best interests of the child.
What should you consider when meeting with a family law attorney or advocate?
When looking for a great child custody lawyer, it’s essential to schedule consultations, discuss your case, and assess whether the lawyer, attorney, or advocate possesses the qualities and skills that align with your needs and goals. Additionally, consider seeking recommendations from trusted friends, family members, or other legal professionals. Finding the best child custody lawyer involves thorough research, careful consideration of your specific needs, and evaluation of the lawyer’s qualifications. Here are some steps you can take to find the right child custody lawyer for your situation:
Define Your Goals and Needs:
Clearly identify your goals and priorities in the child custody case.
Determine the specific services you need from a lawyer, such as legal representation, mediation, or collaborative law.
Research Local Family Law Attorneys:
Use online legal directories and referral services to identify family law attorneys or Trust Account Advocate in your area.
Seek recommendations from friends, family, or colleagues who have gone through similar situations.
Check Credentials and Specialization:
Look for lawyers who specialize in family law and, more specifically, child custody cases.
Check their credentials, education, and any certifications related to family law.
Read Reviews and Testimonials:
Read online reviews on legal review websites, social media, or the lawyer’s own website.
Consider testimonials from previous clients to gauge the lawyer’s reputation and success rate.
Consult with Multiple Lawyers:
Schedule consultations with several child custody lawyers to discuss your case.
Prepare a list of questions to ask during the consultation, covering topics such as experience, approach to cases, and expected outcomes.
Evaluate Communication Skills:
Assess the lawyer’s communication style and whether you feel comfortable discussing your case with them.
Ensure that the lawyer listens actively and provides clear explanations of legal processes.
Consider Experience:
Inquire about the lawyer’s experience in handling child custody cases similar to yours.
Ask about their success rate and outcomes in past cases.
Review Legal Fees:
Discuss the lawyer’s fee structure during the consultation.
Clarify billing practices, retainer fees, and any additional costs associated with your case.
Check Disciplinary Records:
Verify the lawyer’s standing with the Legal Practice Council of South Africa.
Check for any disciplinary actions or complaints against the lawyer.
Seek Second Opinions:
If you have initial concerns or uncertainties, consider seeking a second opinion from another attorney or advocate.
Compare advice and recommendations from multiple sources.
Trust Your Instincts:
Pay attention to your instincts and gut feelings about the lawyer.
Choose a lawyer you feel comfortable working with and who understands your unique situation.
Negotiation and Mediation Skills:
Assess the lawyer’s ability to negotiate and mediate, especially if you prefer an amicable resolution.
Remember that finding the best child custody lawyer is a personalized process, and the right fit for one person may not be the best for another. Take the time to thoroughly research and evaluate potential lawyers to make an informed decision based on your specific needs and circumstances.
We service clients in all cities: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Posted on 11 February 2025 by Telelaw

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Port Elizabeth? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling Continue Reading

I am dissatisfied with the decision of the High Court of South Africa. How do I appeal to the Supreme Court of Appeal? And what are their contact details?
Many legal disputes are adjudicated in the High Courts of South Africa. Each province in South Africa has at least one High Court. If you are not happy with the decision of the High Court, you can appeal to the Supreme Court of Appeal. In South Africa, the Supreme Court of Appeal (SCA) is the second-highest court in the judicial hierarchy, and it primarily hears appeals from the High Court. The SCA generally does not hear cases directly but serves as a court of appeal for matters that have already been heard in the lower courts. Here are common circumstances under which you can appeal to the Supreme Court of Appeal:
Appeals from High Court Decisions:
The SCA hears appeals from decisions of the various divisions of the High Court. If you are dissatisfied with a judgment or order of the High Court, you can appeal to the Supreme Court of Appeal.
Civil Appeals:
Civil matters, including disputes related to contracts, property, family law, and other civil issues, can be appealed to the SCA.
Criminal Appeals:
Appeals in criminal cases, including appeals against convictions, sentences, or both, can be brought before the Supreme Court of Appeal.
Constitutional Matters:
While the Constitutional Court is the highest court for constitutional matters, the SCA may still deal with constitutional issues arising in the context of appeals from the High Court.
Administrative Law Appeals:
Appeals involving administrative law matters, such as decisions made by government bodies, may be heard by the SCA.
Interpretation of Legislation:
Matters involving the interpretation and application of statutes or other legislation can be subject to appeal to the SCA.
Land and Property Disputes:
Appeals related to land and property disputes, including matters involving land ownership, expropriation, and related issues.
Family Law Appeals:
Appeals from family law matters, including divorces, custody disputes, and maintenance orders, can be heard by the SCA. It’s important to note that, in most cases, before appealing to the Supreme Court of Appeal, you would typically need to have received a judgment or order from a lower court (usually the High Court). The appeal process usually involves filing a notice of appeal, obtaining the record of proceedings from the lower court, and presenting arguments to the SCA.
Do you wish to appeal to the Supreme Court of Appeal?
If you are unhappy with a Court decision and require legal assistance regarding a possible appeal to the Supreme Court of Appeal, feel free to contact us for assistance. The contact details of the Supreme Court of Appeal are as follows as found on https://www.concourt.org.za/index.php/contact-us/superior-courts-contacts: Tel: +27 51 412 7400 Fax: +27 51 412 7449 PO Box 258, Bloemfontein, Free State, 9300 Cnr President Brand & Elizabeth Streets, Bloemfontein, 9300 GPS: E 26.21675; S -29.11563 Registrar: Ms Elizabeth Vermeulen E-mail: [email protected] Tel: +27 51 492 4674 Website:www.justice.gov.za/

Posted on 11 February 2025 by Telelaw

I am dissatisfied with the decision of the High Court of South Africa. How do I appeal to the Supreme Court of Appeal? And what are their contact details? Many legal disputes are adjudicated in the High Courts of South Africa. Each province in South Africa has at least one Continue Reading

What are the general legal problems people seek legal assistance for in South Africa? Please provide explanations – Advocate Abduroaf
Divorce and Family Law:
Explanation: Family law matters, including divorce, child custody, spousal support, and domestic violence cases, are frequently searched for legal services in South Africa. People often seek assistance in navigating the legal processes involved in family-related matters.
Labour Law:
Explanation: Labour law in South Africa addresses issues related to the employer-employee relationship. Common concerns include unfair dismissals, workplace discrimination, collective labour disputes, and compliance with employment regulations.
Property and Real Estate Law:
Explanation: Given the significance of property transactions, individuals often seek legal guidance in matters related to buying, selling, or leasing property. This includes addressing issues like property transfers, title deeds, and land disputes.
Criminal Defence:
Explanation: Criminal defence services are in demand for individuals facing criminal charges. Attorneys and Advocates help clients navigate the criminal justice system, provide legal representation in court, and strive to protect their rights.
Wills and Estate Planning:
Explanation: Estate planning services, including the creation of wills and trusts, are sought after by individuals looking to secure the orderly distribution of their assets after death. This involves planning for the management and inheritance of estates.
Personal Injury Law:
Explanation: Legal assistance in personal injury cases, such as motor vehicle accidents, medical malpractice, and workplace injuries, is commonly sought to pursue compensation for damages resulting from negligence.
Commercial and Business Law:
Explanation: Businesses seek legal services for various matters, including contract drafting and disputes, business formation, compliance with commercial laws, and resolution of business-related legal issues.
Debt Collection and Bankruptcy:
Explanation: In cases of debt collection or financial distress, individuals and businesses may seek legal help in debt recovery or navigating the bankruptcy process to address financial challenges.

Posted on 11 February 2025 by Telelaw

What are the general legal problems people seek legal assistance for in South Africa? Please provide explanations – Advocate Abduroaf Divorce and Family Law: Explanation: Family law matters, including divorce, child custody, spousal support, and domestic violence cases, are frequently searched for legal services in South Africa. People often seek Continue Reading

I require a law firm to assist me in my Domestic Violence matter.
What are your contact details?
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

I require a law firm to assist me in my Domestic Violence matter. What are your contact details? 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 Continue Reading

Child Maintenance / Support Questions and Answers

Our Lawyer (Pty) Ltd introduced this Child Maintenance / Support Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know how much child maintenance to claim, pose a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Child Maintenance / Support, please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledge base. Therefore, although we a are legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share in our knowledge of Child Maintenance / Support.

Want to know more about Rule 43 Applications in the High Court and Rule 58 Applications in the Magistrates' Court? Click here.

Other family law resources on this website

There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you with whatever questions you have, or information you require on Child Maintenance / Support. Therefore, after posting your question, or any time after, have a look at the useful resources and information on our website. Some of these resources are listed hereafter.

Articles and Q&A

There are a range of legal articles on this website dealing with various family law issues. Some of these articles are straight forward, outlining the legal position on a family law related topic. For example, how to apply for child maintenance, or how to get divorced. Other articles are written in the form of answering a specific legal question. For example, do I pay maintenance if I am unemployed, or what do I do if I want to leave the country with my child, and the other parent does not want to provide consent? Those articles are in blog format. This means that you are welcome to comment or pose questions to increase our knowledge base. The clear idea behind our website is that we want to make family law legal information more accessible and available to the public.

Downloadable resources

We created some downloadable resources for free on this website. They are: 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 Feel free to download these useful resources. Click on the links above, and complete the online purchase process. The purchase price is R 0. Thereafter, a downloadable link would be emailed to you. Once you received the email, download it as soon as possible as the link would expire after two months. We hope that we assisted you with any queries you had on Child Maintenance / Support. If not, feel free to arrange a consultation with us.

Sharing is Caring

If you find any of our articles and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Posted on 11 February 2025 by Telelaw

Child Maintenance / Support Questions and Answers Our Lawyer (Pty) Ltd introduced this Child Maintenance / Support Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know how much child maintenance to claim, pose a question with some Continue Reading

I want to appeal to the Constitutional Court with my Case. Please refer me to an appeal advocate
As an appeal lawyer (advocate or attorney) in South Africa, you play a crucial role in the judicial system, helping clients navigate the complex process of appealing court decisions. You would either appeal to the High Court, Supreme Court of Appeal, or the Constitutional Court. Clients who find themselves in the unfortunate position of needing to appeal a court decision should strongly consider enlisting the services of an experienced appeal lawyer (advocate or attorney). Here are several compelling reasons why clients must use an appeal lawyer (advocate or attorney) for their court appeals:
Specialised Expertise in the Law and the Constitution
Appeal lawyers (advocate or attorney) specialize in the appellate process. They have a deep understanding of the law and procedural rules that govern appeals. By leveraging their specialised expertise, appeal lawyers (advocate or attorney) can craft strong legal arguments and navigate the complexities of the appellate court system with precision and skill.
Strategic Approach in Legal and Constitutional matters
Appeal lawyers (advocate or attorney) are skilled at developing strategic approaches to appeals. They can analyse the facts of a case, identify legal errors, and craft persuasive arguments to present to the appeal court. With their strategic approach, appeal lawyers can significantly increase the chances of a successful appeal. This is especially so as you area appearing the High Court, Supreme Court of Appeal or Constitutional Court.
Experience in Appellate Courts
Appeal lawyers (advocate or attorney) have experience appearing before appeal courts. They are familiar with the nuances of appeal practice and know how to effectively advocate for their clients in this unique legal setting. This experience can be invaluable in ensuring that clients’ appeals are presented in the best possible light.
Effective Argument Writing
Writing a compelling appeal argument is a critical component of a successful appeal. Appeal lawyers (advocate or attorney) have honed their skills in writing persuasive legal arguments that resonate with appeal judges. By entrusting an appeal lawyer (advocate or attorney) with the task of drafting the appeal brief, clients can rest assured that their arguments will be presented in a clear, concise, and persuasive manner.
Knowledge of Precedent
Appeal lawyers (advocate or attorney) have a deep knowledge of legal precedent. They can draw on previous court decisions to bolster their arguments and establish a strong legal foundation for the appeal. By citing relevant precedent, appeal lawyers can strengthen their clients’ positions and increase the likelihood of a favorable outcome.
Emotional Distance
Court appeals can be emotionally charged and stressful for clients. By hiring an appeal lawyer, clients can benefit from the emotional distance that a legal professional can provide. Appeal lawyers can offer objective advice, help clients see the bigger picture, and provide much-needed support during the appellate process. In conclusion, clients facing court appeals should seriously consider enlisting the services of an appeal lawyer (advocate or attorney). Appeal lawyers bring specialised expertise, strategic approaches, experience in appellate courts, effective brief writing skills, knowledge of precedent, and emotional support to the table. By partnering with an appeal lawyer, clients can maximize their chances of success in the appellate process and achieve the best possible outcome for their case.

Posted on 11 February 2025 by Telelaw

I want to appeal to the Constitutional Court with my Case. Please refer me to an appeal advocate As an appeal lawyer (advocate or attorney) in South Africa, you play a crucial role in the judicial system, helping clients navigate the complex process of appealing court decisions. You would either Continue Reading