COMBINED SUMMONS

IN   THE   HIGH   COURT OF SOUTH   AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) CASE NO:                         /20__ In the matter between: JOHN LAWYER                                                                                                            (Plaintiff) and JANE LAWYER                                                                                                          (Defendant) __________________________________ TO THE SHERIFF/DEPUTY: INFORM JANE LAWYER, an adult female employed as a lawyer (hereinafter referred to as the Defendant) whose home and work address is 1 Lawyer Road, Cape Town, Western Cape THAT JOHN LAWYER, an adult male, employed as a lawyer (hereinafter referred to as the Plaintiff) whose home and work address is 2 Lawyer Road, Cape Town, Western Cape, hereby institutes action against him/her in which action the Plaintiff claims the relief on the grounds set out in the Particulars of Claim annexed hereto; INFORM the Defendant further that if he/she disputes the claim and wishes to defend the action he/she shall:-
  • within 10 (TEN) days of the service upon him/her of this summons file with the Registrar of this Court a notice of his/her intention to defend and serve a copy thereof on the Plaintiff’s Attorneys, which notice shall give an address referred to in rule 19(3) for the service upon the Defendant of all notices and pleadings in the action;
  • thereafter and within 20 (TWENTY) Court days after filing and serving the notice of intention to defend as aforesaid, file with the Registrar and serve upon the Plaintiff’s Attorneys a plea or exception with or without a claim in reconvention;
INFORM the Defendant further that if he/she fails to file and serve notice as aforesaid judgment as claimed may be given against him/her without further notice to him/her or if, having filed and served such notice, he/she fails to plead, except, or to counterclaim, judgment may be given against him/her; INFORM the Defendant also that if he/she does not intend to defend the action, he/she may give written notice to that effect to the Plaintiff’s Attorneys and the Registrar and the action may then, at the written request of the Plaintiff’s Attorneys, be forthwith set down by the Registrar for hearing;   And immediately thereafter serve on the Defendant a copy of this Summons and return the same to the Registrar with whatever you have done thereupon. DATED AT CAPE TOWN THIS         DAY OF                 202__. ……………………………………………………………… REGISTRAR OF THE HIGH COURT                                                                                  JOHN LAWYER   _____________________ Per.: John Lawyer (Plaintiff in person) 2 Lawyer Road Cape Town, 8001 Email: [email protected] Tel: 021 000000     To:           THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT HIGH COURT CAPE TOWN   And to:    JANE LAWYER (Defendant) 2 Lawyer Road CAPE TOWN   ____________________O0O___________________              

PLAINTIFF’S PARTICULARS OF CLAIM

  1. The Plaintiff and the Defendant are as described on the face of the Summons.
  2. The Defendant and the Plaintiff are domiciled within the area of jurisdiction of this Honourable Court.
  3. On 01 January 20___, at Cape Town, Western Cape, the Parties were married to each other In Community of Property and Profit or loss. The marriage still so subsists.
  4. Kindly find attached a copy of their marriage certificate marked “A”.
  5. There are no minor children born from the marriage.
  6. Plaintiff avers that by virtue of the following facts and circumstances the marriage relationship between the Parties has broken down irretrievably and that there is no reasonable prospect for the restoration thereof in that:
    • There is no love and affection; and
    • The Plaintiff no longer wish to be married to the Defendant.
  WHEREFORE PLAINTIFF PRAYS FOR:
  1. A Decree of Divorce;
  2. Equal Division of the Joint Estate;
  3. Costs, only in the event this action is defended; and
  4. Further and / or alternative relief.
DATE AT CAPE TOWN ON THIS ____ DAY OF _________ 2021. I AM MY OWN LAYWYER   _____________________ Per.: John Lawyer (Plaintiff in person) 2 Lawyer Road Cape Town, 8001 Email: [email protected] Tel: 021 000000   To:           THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT HIGH COURT CAPE TOWN   And to:    JANE LAWYER (Defendant) 2 Lawyer Road CAPE TOWN _____________________O0O___________________ Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim
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COMBINED SUMMONS

IN   THE   HIGH   COURT OF SOUTH   AFRICA

(WESTERN CAPE DIVISION, CAPE TOWN)

CASE NO:                         /20__

In the matter between:

JOHN LAWYER                                                                                                            (Plaintiff)

and

JANE LAWYER                                                                                                          (Defendant)

__________________________________

TO THE SHERIFF/DEPUTY:

INFORM

JANE LAWYER, an adult female employed as a lawyer (hereinafter referred to as the Defendant) whose home and work address is 1 Lawyer Road, Cape Town, Western Cape

THAT

JOHN LAWYER, an adult male, employed as a lawyer (hereinafter referred to as the Plaintiff) whose home and work address is 2 Lawyer Road, Cape Town, Western Cape, hereby institutes action against him/her in which action the Plaintiff claims the relief on the grounds set out in the Particulars of Claim annexed hereto;

INFORM the Defendant further that if he/she disputes the claim and wishes to defend the action he/she shall:-

  • within 10 (TEN) days of the service upon him/her of this summons file with the Registrar of this Court a notice of his/her intention to defend and serve a copy thereof on the Plaintiff’s Attorneys, which notice shall give an address referred to in rule 19(3) for the service upon the Defendant of all notices and pleadings in the action;
  • thereafter and within 20 (TWENTY) Court days after filing and serving the notice of intention to defend as aforesaid, file with the Registrar and serve upon the Plaintiff’s Attorneys a plea or exception with or without a claim in reconvention;

INFORM the Defendant further that if he/she fails to file and serve notice as aforesaid judgment as claimed may be given against him/her without further notice to him/her or if, having filed and served such notice, he/she fails to plead, except, or to counterclaim, judgment may be given against him/her;

INFORM the Defendant also that if he/she does not intend to defend the action, he/she may give written notice to that effect to the Plaintiff’s Attorneys and the Registrar and the action may then, at the written request of the Plaintiff’s Attorneys, be forthwith set down by the Registrar for hearing;

 

And immediately thereafter serve on the Defendant a copy of this Summons and return the same to the Registrar with whatever you have done thereupon.

DATED AT CAPE TOWN THIS         DAY OF                 202__.

………………………………………………………………

REGISTRAR OF THE HIGH COURT                                                                                 

JOHN LAWYER

 

_____________________

Per.: John Lawyer

(Plaintiff in person)

2 Lawyer Road

Cape Town, 8001

Email: [email protected]

Tel: 021 000000

 

 

To:           THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT

HIGH COURT

CAPE TOWN

 

And to:    JANE LAWYER

(Defendant)

2 Lawyer Road

CAPE TOWN

 

____________________O0O___________________

 

 

 

 

 

 

 

PLAINTIFF’S PARTICULARS OF CLAIM

  1. The Plaintiff and the Defendant are as described on the face of the Summons.
  2. The Defendant and the Plaintiff are domiciled within the area of jurisdiction of this Honourable Court.
  3. On 01 January 20___, at Cape Town, Western Cape, the Parties were married to each other In Community of Property and Profit or loss. The marriage still so subsists.
  4. Kindly find attached a copy of their marriage certificate marked “A”.
  5. There are no minor children born from the marriage.
  6. Plaintiff avers that by virtue of the following facts and circumstances the marriage relationship between the Parties has broken down irretrievably and that there is no reasonable prospect for the restoration thereof in that:
    • There is no love and affection; and
    • The Plaintiff no longer wish to be married to the Defendant.

 

WHEREFORE PLAINTIFF PRAYS FOR:

  1. A Decree of Divorce;
  2. Equal Division of the Joint Estate;
  3. Costs, only in the event this action is defended; and
  4. Further and / or alternative relief.

DATE AT CAPE TOWN ON THIS ____ DAY OF _________ 2021.

I AM MY OWN LAYWYER

 

_____________________

Per.: John Lawyer

(Plaintiff in person)

2 Lawyer Road

Cape Town, 8001

Email: [email protected]

Tel: 021 000000

 

To:           THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT

HIGH COURT

CAPE TOWN

 

And to:    JANE LAWYER

(Defendant)

2 Lawyer Road

CAPE TOWN

_____________________O0O___________________

Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim

Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim

Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim

Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim

Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim

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Frequently asked Child Custody and Guardianship Questions, answered by Adv. Muhammad Abduroaf, Advocate of the High Court of South Africa

Parents who are separated or having difficulties in their marriage or relationship often have questions regarding issues regarding child custody, care, visitation, and guardianship. Below are a few questions that Adv. Muhammad Abduroaf attempt to answer.

What is the most common child custody agreement?

The most common child custody agreement is for one parent to have primary care and for the other to have reasonable contact. That basically means the child would be cared for by one parent during the school week, and the other parent would have visitation rights every other weekend. Sometimes visitation would be during the week as well. Regarding school holidays, each parent would care for the child equally if possible. That would mean that the school holidays would be split in half. There are many variations to the above. However, the idea is that one parent would care for the child’s day-to-day needs and would be the first point of call for the child. For example, should the child fall ill at school, then the primary caregiver would be first contacted. That parent would also ensure that the child does their homework, attend sport, etc. The other parent may assist with schoolwork and assignments while caring for the child.

At what age can a child refuse visitation in South Africa?

Children need to listen to their parents. The opposite also applies. However, the difference is that parents know what is best for their children. Once the child turns 18 and is an adult, they can decide when and with whom they want to have contact. If, however, a child is afraid to have contact with a parent, then in such a case, the matter needs to be looked into. It may be best that the child sees a social worker or psychologist to determine the root of the problem and work from there.

How does guardianship work in South Africa?

Guardianship refers to legal matters concerning a child’s life. For example, a child’s legal guardian would consent to a child obtaining a passport or buying a house. Consent is also required for a child to undergo specific medical procedures and international travel. As you can see, guardianship has nothing to do with the visitation of a child. Therefore, a parent can have visitation rights but no guardianship rights.

What do judges look for in child custody cases in South Africa?

In all matters concerning children, the court or the judge is only concerned with what is in the child’s best interest, and not what is in the parent’s best interest. Therefore, whenever a judge has to decide regarding care, contact or anything related to the well-being of the minor child, it needs to make it based on what it believes is in the child’s best interests.

Are fathers entitled to 50/50 custody?

Fathers and mothers are entitled to 50/50 custody if the facts allow it. 50/50 is also sometimes referred to as shared care. If 50/50 is in the child’s best interests, the court will make such an order. If, for example, a parent lives far away from the child’s school, and that parent also needs to be at work very early, it would not make sense for that parent to have shared care over the minor child.

What is a realistic custody agreement?

A realistic custody agreement is one that would work for your specific family. Each family is different; therefore, what would work for one family would not necessarily work for another. Some parents work from home, and others work abroad. Furthermore, some parents are unable to assist children with schoolwork. Therefore, whatever custody agreement would work and be in the child’s best interests is best.

At what age will a judge listen to a child in South Africa?

If the child is mature enough, and there is a need for it, the court would listen to the child. However, usually, it depends on other experts’ interactions with the child—for example, the Office of the Family Advocate or a social worker who would provide a report.

How can a mother lose custody in South Africa?

If the mother has custody or primary care over the minor child, she can lose custody if she cannot be the primary caregiver. She may also lose custody if the other parent is better equipped to care for the minor child. For example, the mother now must work long hours and is away at work more often. The court may decide that it is best for the father to care for the minor child if he can do so.

Is South Africa a 50/50 custody State?

South Africa does not follow the 50/50 custody principle, and it makes a custody order based on all the information before it and on what is in the child’s best interests.

What is considered an unfit parent in South Africa?

An unfit parent neglects a child. Not everyone has the same income or wealth, so a parent who cannot purchase everything the child wants is not seen as unfit. However, if that parent puts the child in harm’s way or neglects the child, that parent would be seen as an unfit parent.

How do you win a custody battle with a narcissist?

Whether or not the other parent is a narcissist, the principles applicable to winning a child custody case would remain the same. It would help if you focused on the child’s best interests and nothing else. The court would pick up that the other parent is a narcissist. However, that does not mean you will win your case. A narcissist that can care well for the child should care for the child. Therefore, focus on aspects showing that you can care better for the child.

What access do fathers usually get?

Historically, the father usually received reasonable contact, which usually entailed contact every second weekend, on special days and half the holidays. The law and society have evolved so that many fathers are primary caregivers, and the mothers are the ones who receive reasonable contact. No matter what the gender of the parent is, the law looks at what is best for the child concerned.

How do you calculate child custody?

You would calculate child custody by the amount of time a parent would spend with a child during the month. For example, if a parent has contact with a child every second weekend, that would mean that the parent cares for the child 4 to 5 days a month.

How can I gain full custody of my child?

Any parent can gain full custody of their child if they can prove it would be in their best interests. No court would give full custody to a parent who cannot care well for the child. The law does not look at the amount of money you have as the court can always order the other parent to pay more child support. [caption id="attachment_10745" align="alignnone" width="300"]Best Attorneys, Advocates, lawyers to assist you in your Court Custody matter. When is the best time to get them involved in your case? Adv. Muhammad Abduroaf[/caption]

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