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 Johannesburg?

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 Durban or in Johannesburg, 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 Johannesburg?

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?

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

Why you should consider a specialized legal expert
Having a specialized legal expert to deal with your legal matter can take a load off your shoulders and help you see things in greater perspective. When the legal expert specializes within a particular part of the law, it means they have greater insight into the legal matter. At our law offices, we are legal specialists in family law and luckily, the branches of family extend to:
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
For an online appointment, call our law offices on 021 424 3487 and get your expert legal today. We are centrally located in the heart of the City Bowl at Suit 702, 7^th Floor, The Pinnacle, corner of Burg and Strand Street, Cape Town.

Legal Expert Vs Attorney

There is a common confusion between the two terms – both have knowledge about the legal field but this knowledge but is extended to different degrees. However, an Attorney should have studied the law and graduated successfully from an accredited school of law. Furthermore, they should have license to practice law. Based on the nature of our private legal consultancy, we are simply legal advisors who does not necessary appear in the local courts but have legitimate knowledge on the law to advise you as the way forward. What sets our consultancy aside from the rest is that we are legal experts in family law and can set you up with an Attorney if needed. We are specialists in child maintenance, divorce and child custody. Feel free to visit our legal terms explained page for more information. Call our law offices today for an online appointment on 021 424 3487 today!

Find a specialized expert

Our law offices are situated in the heart of the buzzing CBD at Suit 702, 7^th floor, The Pinnacle, corner of Strand and Burg Street. We are legal experts in family law whereby we offer a range of family law legal services. These are:

Make an online appointment with us today and consult with a legal expert.

Posted on 11 February 2025 by Telelaw

I’m searching for the top and best divorce attorney in Cape Town
If your marriage has broken down, divorce is something to consider. And if it is what is best for you, there is no need for it to be a daunting and stressful process. Generally, if both spouses are sensible and understand the law, the divorce should be resolved in a few months at most, even if there are minor children involved.
When is it necessary to hire a lawyer during a divorce?
Divorce can be a complicated and emotionally charged process, and hiring a Trust Account Advocate or attorney can help ensure that your interests are protected. It is generally recommended to hire an attorney or Trust Account Advocate if you have significant assets, complicated financial situations, or minor children, or if your spouse has already hired a lawyer. Additionally, if you and your spouse are unable to come to an agreement on important issues such as property division, child custody, or spousal support, a lawyer can help you navigate the legal system and advocate for your rights. Ultimately, the decision to hire an attorney or advocate during a divorce will depend on your unique circumstances and the complexity of your case.
How do I find a good divorce attorney or Trust Account Advocate?
There are several ways to find an attorney or Trust Account Advocate. You can search online for law firms or lawyers in your area, ask for recommendations from friends or family members, or contact the Legal Practice Council.
What do people fight over in divorces?
During divorce proceedings, people can fight over various things, such as property, assets, finances, child custody, and visitation rights. Having a good lawyer to assist you is very beneficial.
Finding the best divorce lawyer for your needs is crucial to ensuring a smooth and fair divorce process. Here are some steps to help you find the right divorce attorney:
Determine Your Needs:
Assess your divorce situation. Is it amicable or contentious? Do you have complex financial assets or child custody issues? Knowing your needs will help you find an Advocate or attorney with the right expertise.
Seek Recommendations:
Ask friends, family, or colleagues who have gone through divorce for recommendations. Personal referrals can be valuable.
Research Online:
Look for divorce lawyers in your area through online directories, legal websites, the Legal Practice Council, and law societies. Read reviews and check ratings.
Interview Multiple Attorneys:
Schedule initial consultations with a few trusattorneys to discuss your case. Many lawyers offer free or low-cost consultations. Prepare questions to ask them, such as:
What is your experience with divorce cases similar to mine?
What is your approach to handling divorce cases?
How do you charge for your services (hourly rate, flat fee, retainer)?
Do you have references or past clients I can contact?
What is your availability for meetings and communication?
Assess Communication:
Pay attention to how well the trust account advocate or attorney communicates with you during the initial consultation. You want someone who listens, understands your concerns, and can explain legal concepts clearly.
Check for Compatibility:
Choose an attorney or account advocate you feel comfortable working with. Trust and a good working relationship are essential in divorce cases.
Evaluate Experience and Specialization:
Look for a lawyer or account advocate with extensive experience in divorce and family law. Specialization in divorce cases ensures they have in-depth knowledge of relevant laws and procedures.
Consider Cost:
Discuss fees and payment options upfront. Make sure you understand how the lawyer charges for their services and if there are any hidden costs.
Review Client Testimonials and Case History:
Ask for references or access to client testimonials and case results. This can give you an idea of the attorney’s track record.
Verify Credentials:
Ensure the attorney or account advocate is licensed to practice law in South Africa and a Legal Practice Council member.
Trust Your Instincts:
Ultimately, trust your gut feeling when selecting a divorce lawyer. Choose someone who makes you feel confident and supported during this challenging time.
Remember that finding the right divorce attorney may take time and effort. Still, it’s essential to have a skilled professional who can protect your rights and interests throughout the divorce process.
Winning a divorce case is not necessarily about one party triumphing over the other; rather, it’s about achieving a fair and equitable resolution that meets your needs and the best interests of any children involved. Divorce cases often involve a range of issues, including property division, spousal support, child custody, and child support. Here are some steps and considerations to help you navigate your divorce case effectively:
Consult with an Attorney or Trust account advocate:
Hiring an experienced divorce attorney is essential. They can provide legal advice, represent your interests, and guide you through the legal process.
Understand Your Rights and Obligations:
Educate yourself about divorce laws in your jurisdiction. Know your rights and responsibilities regarding property, support, and custody matters.
Gather Financial Documents:
Collect all relevant financial records, including bank statements, tax returns, property deeds, and information about assets and debts. This will help in the property division process.
Establish Your Priorities:
Determine your priorities and goals for the divorce settlement. Understand what matters most to you, whether it’s retaining certain assets, securing custody of your children, or achieving financial stability.
Open Lines of Communication:
Try to maintain open and civil communication with your spouse. In some cases, negotiation and reaching an agreement outside of court (mediation or collaborative divorce) can be less stressful and costly.
Child Custody and Support:
If children are involved, focus on their well-being. Courts typically prioritize the best interests of the children when determining custody and support arrangements.
Be Honest and Transparent:
Be honest and forthcoming with your attorney. Transparency is crucial in building a strong legal strategy.
Consider Settlement Options:
Explore settlement options like mediation or collaborative divorce. These processes can be less adversarial and allow both parties to have more control over the outcome.
Prepare for Court:
If a settlement cannot be reached, be prepared for litigation. Your attorney will help you build a strong case, gather evidence, and present your arguments effectively in court.
Stay Calm and Manage Emotions:
Divorce can be emotionally challenging. It’s important to maintain emotional stability and not let anger or resentment drive your decisions.
Follow Court Orders and Agreements:
Once a divorce decree is issued or an agreement is reached, adhere to the terms and obligations outlined in the court order or settlement.
Seek Support:
Consider seeking emotional support through therapy or counseling. Divorce can be emotionally taxing, and professional help can provide guidance and coping strategies.
Remember that “winning” a divorce case does not always mean getting everything you want. It often means achieving a fair and reasonable resolution that allows both parties to move forward with their lives. Your attorney can help you understand what is achievable in your specific circumstances and work toward the best possible outcome.

Posted on 11 February 2025 by Telelaw

The role of a facilitator in family matters regarding children – Should he or she make legally binding decisions or directives?
When parties divorce or they approached a court of law to resolve a dispute regarding a minor child, it was customary for them to appoint a facilitator should they settle the matter. Specific clauses would be inserted into consent papers and settlement agreements which the parties sign and is made an order of Court. The clauses would basically state that the parties appoint a facilitator to resolve disputes regarding the minor child and that the facilitator has certain authority and powers. Such disputes could range from one-party wanting more contact with the child or disputes regarding aspects of education, for example, which school the child goes to, or aspects regarding extramural activities. At the end of this article you would find an example of a facilitator clause. A facilitator should be a suitably qualified person. He or she does not necessarily have to be a clinical psychologist, social worker or a lawyer. He or she should be somebody that knows family law, understands the family dynamics and is skilled in resolving issues between parties. It is therefore very important that the parties appoint a facilitator that they would feel comfortable with and one that will be compatible with their family situation.

Facilitator’s Power

It would often happen that the parties cannot resolve a dispute amicably through a facilitator. In such a case, a decision will have to be made. The facilitator would then have to issue a directive. In other words, make a firm and binding decision for the parties. A further clause would then usually be inserted into the consent paper stating that the facilitator’s directive would be binding upon the parties as if it was an order of the court. The directive of the facilitator would then remain binding upon the parties unless a court of competent jurisdiction orders otherwise. It is this latter aspect that this article deals with.

Introduction of the Facilitation Clause

Based on our history with family law matters, this specific facilitation clause came about in or about 2008, a short while after the Children’s Act came into operation. It was then customary for parties to insert this facilitation clause as a matter of course. In our experience, the family advocate’s office would insist that such a clause be inserted and furthermore the courts would have no issue therewith.

Limiting the power of the Facilitator

What has now happened since 2018, in the Western Cape at least, was that certain judges started having an issue with the fact that a facilitator had the authority of making binding decisions on the parties which had the effect of an order of Court. In other words, due to the clause stating, that the facilitator’s directive would be binding upon the parties as if it was an order of Court; certain judges began to question such authority.

The court’s reasoning

Basically, the court’s reasoning is how could judicial authority be delegated to a third party? Taking it one step back when, the courts in the past made an order incorporating the settlement agreement, which had a clause therein authorising the facilitator to make binding directives; it basically gave judicial authority to the facilitator. In other words, the facilitator had the authority of a Judge. What has now become a practice, should a facilitation clause be inserted into a settlement agreement, the office of the Family Advocate of Cape Town, at least, would endorse the Consent Paper or Settlement, Agreement but also direct the Court to determine whether or not the parties understand the role of the facilitator and that they would be responsible for the cost associated therewith.

The Family Advocates Reasoning

There could be many reasons why the Family Advocate is directing the parties to advise the court whether or not they understand the role of the facilitator. One such reason could be that they do not want parties to come to them to facilitate disputes and issues that might arise. And of course, the other reason could be due to the court judgments that recently stated that a court can’t delegate its authority to a facilitator. In our view, asking a party in court, whether or not they understand the role of a facilitator, and that they will be responsible for the cost thereof is unnecessary. The party would say that they understand the role and that they are responsible for the cost thereof. What value that has in the case of a dispute arising in the future is very little.

The future role of the facilitator

Going forward, we still recommend that a facilitation clause be inserted in settlement agreements and consent papers. We further agree that a Court cannot delegate its judicial authority to a third party, unless in exceptional circumstances. However, at the same time, we feel that the facilitator could play a crucial role in resolving disputes between the parties. Having said that, the parties need to discuss whether or not they would require a facilitator, and in the event they do, they should specifically outline the role of their intended facilitator in the consent paper or settlement agreement.

An example of a neutral facilitation clause

FACILITATOR
- A facilitator shall be appointed by the parties jointly to facilitate and assist in resolving disputes between the parties relating to the minor children;
- These disputes shall include contact disputes should one party feel that contact should be increased or decreased, or varied for either party;
- In the event of the facilitator being unable to continue as facilitator, then he/she shall appoint a facilitator in his/her place, alternatively, or should the parties be unable to agree on the appointment of a facilitator or replacement facilitator, such facilitator or replacement facilitator as the case may be shall be appointed by the chairperson for the time being of FAMAC (Western Cape);
- The facilitator shall be entitled in his/her sole discretion to appoint such other person as may be necessary in order to make a decision in respect of the issue in dispute, including the right to co-opt a facilitator or the assistance of an appropriate expert if he/she deems it appropriate or necessary; and
- The cost of sessions with the facilitator and the services of the expert shall be shared equally between the parties unless otherwise directed by the facilitator. Each Party shall, however, be liable for the facilitator’s costs incurred attendant upon such party’s written and telephonic communications with the facilitator.

Posted on 11 February 2025 by Telelaw