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 Polokwane?

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 Polokwane, 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 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 Polokwane?

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 Polokwane, 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

Related Post

Child custody, guardianship and visitation (parental responsibilities and rights) – What do I need to know should I be going through a divorce or separation?

Although it is not ideal, it often happens that parents divorce or break up. Their romantic or spousal relationship may have come to an end, but their co-parenting relationship continues if they have a child together. They need to be the best co-parents possible for their child. This should be the case despite their failed marriage or relationship. [caption id="attachment_8203" align="alignleft" width="300"]The child in the middle The child in the middle. Child Custody disputes between parents, involving the child.[/caption] Sadly, sometimes the civility the parents had for each other does not transcend beyond their divorce or separation. Some parents in this situation have unresolved issues. It then often happens that the child becomes a victim of the conflict that ensures. They often use the child as a pawn to settle unresolved differences. This situation is not in the child’s best interest. What follows are five things that parents should know when it comes to a divorce or separation. This is especially important if there are young children involved. [caption id="attachment_8198" align="alignleft" width="300"]The child loses out. It is often the child who gets hurt the most in child custody disputes.[/caption]

Number 1: The Child’s best interests are of paramount importance.

In all matters concerning a child, his or her best interests are of paramount importance. Therefore, the law does not focus on what is best for the parents. However, the court would have to be reasonable and fair. All relevant facts must be looked at. A parent, therefore, cannot demand that he or she has custody over the child notwithstanding the fact, that the child would be prejudiced if that happens. For example, the child would have to leave his or her current school and enrol in a new school in the middle of the academic year. The same applies to child maintenance. It does not mean that because you are paying for all the child’s expenses that you can demand when and how you wish to spend time with the child. [caption id="attachment_8201" align="alignleft" width="300"]Seek professional help in child custody matters It is always best to speak to a professional lawyer or childcare expert in custody matters.[/caption] The sad reality is that when parents are embroiled in conflict, they are blinded from what is in the child’s best interests. They focus on what is seemingly best for them. Often, it is to win. Or get more than the other party. Therefore, the parent with the most money would employ the best of lawyers, just to show the other parent. Most times, the child loses out.

Number 2: Know your parental responsibilities and rights – Well

This one is mostly for fathers. Long gone are the days where it is assumed that only a mother can care for a child. Often the courts’ award custody or primary care to the father. The bottom line is; what is best for the child. Therefore, in a given scenario, if the mother is the one who worked from morning to dusk and the father was the one who took the child to school, collected her and attended to her homework, then in such a case, he may be awarded primary care or custody. If, however, the mother was the one who works but cared for the child since birth, she may be awarded custody.

Number 3: Don’t rush to the courts of law – This should be your last option

[caption id="attachment_8199" align="alignleft" width="300"]The Court should be the last resort The High Court and Children’s Court should be the last place you should find yourself in when dealing with child custody issues.[/caption] At the first sign of trouble, do not rush to the court. Here we refer to the Children’s Court or the High Court, concerning parental responsibilities and rights. First, try to mediate the issue. Both parents should try to meet with a social worker or family counsellor in trying to resolve issues. It is better for the parents to come up with a workable parenting plan than for the court to enforce one on them.

Number 4: Understand that there are now two households – The child cannot be divided into two.

When parents live together with a child, there is only one household. Therefore, parents will see the child every day. They would share in the child’s care, as well as his or her expenses. Spending the same time with the child after separation would be impossible. The child would have to live primarily in one home, and occasionally in the other. The focus must be in what is in the child’s best interest and not the parents. This is a reality the parents must accept and which the courts would impose. [caption id="attachment_8200" align="alignleft" width="300"]There is always hope if parents speak and communicate For the sake of the minor child, try hard to resolve child custody disputes when it comes to divorce or separation.[/caption] Therefore, when divorcing or separating, try to work out together a workable parenting plan. As both parents have different work schedules and commitments, it is possible to come to a workable agreement. The parents can rotate who takes and collects the child from school. They may want to do the same when it comes to extramural activities over the weekend as well. Regular telephonic and video (Skype, WhatsApp or FaceTime) contact are encouraged. This would ensure regular contact.

Number 5: Make use of a facilitator – A third party can assist the parties to see clearly for the sake of the child.

Parents don’t need to rush to court every time there is a dispute regarding the child. This practice can become very exhausting and expensive. They should appoint a facilitator to assist them in resolving the dispute. For example, should there be a wedding in the father’s family during the weekend of the mother, then if the parties cannot resolve the issue, they need to first see a professional third party [caption id="attachment_8202" align="alignleft" width="300"]The child is innocent Consider the child before considering yourself in child custody disputes.[/caption] The facilitator would usually be a social worker, psychologist or even a lawyer. However, the facilitator would have to be experienced in family law and related matters to be of much worth. Either way, having a third party assist the parents in resolving the issue is always useful. It would also help them save a lot of money by avoiding litigation. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. [caption id="attachment_8204" align="alignleft" width="300"]There is help out there. Speak to a child custody lawyer, or legal professional to assist you in resolving your parental legal matters.[/caption] Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws  
Posted on by Telelaw

How do I find the best advocate in South Africa for my case?

Many searches are going around seeking the best advocate. It is not an easy question to answer. That is so because the law is very diverse, and the question is not very specific. Furthermore, the answer would be very subjective. For example, the best advocate in Family Law may not be the best advocate in Property Law. The same applies to criminal law. Furthermore, it would be difficult to find information from one advocate about how well he or she is doing for his or her clients compared to another advocate. Therefore, we suggest you find an advocate who speaks to your specific needs and circumstances. Here are some tips:
  1. Define Your Needs: Identify the specific legal services you require (e.g., family law, criminal defence, corporate law).
  2. Research Online: Use legal directories;
  3. Check Reviews and Ratings: Look for client reviews and ratings to gauge the firm’s reputation and client satisfaction.
  4. Ask for Recommendations: Reach out to friends, family, or colleagues who may have had similar legal needs for personal recommendations.
  5. Evaluate Experience: Consider the firm’s experience in your specific legal issue, including years in practice and case outcomes.
  6. Schedule Consultations: Many firms offer free or less expensive consultations. Use this opportunity to meet attorneys, discuss your case, and assess their communication style.
  7. Assess Costs: Inquire about fees and billing practices. Understand whether they charge hourly rates, flat fees, or contingency fees.
  8. Trust Your Instincts: Choose a firm that you feel comfortable with and confident in their ability to handle your case.
  9. Verify Credentials: Check the attorneys’ qualifications and any disciplinary history.
  10. Consider Location: Proximity can be important for ease of communication and meetings.
Taking the time to research and evaluate different firms will help you find the right fit for your legal needs.  

Posted on by Telelaw

Relocation of minor children with a parent. What does the Courts and Family Advocate look at?

Relocating with your minor child where the consent of the other parent is provided is ideal. If consent is not provided, then the Court would need to get involved. This applies to both local (example, provincial relocation) and international (moving abroad). Our High Court often hear applications for relocation of minor children. Sometimes the issues are simple, and other times, less so. However, the ultimate question is whether or not it is in the minor child’s best interest.

High Court getting involved in minor children relocation matters

In the unreported judgment of CG v NG 2015 JDR 0391 (GJ), the Applicant, being the mother, approached the Gauteng High Court for permission to relocate with her minor children from Gauteng to Cape Town. We shall not deal with the history and all the facts of the matter, save for the important principles applied to the relevant facts. In this matter, the Office of the Family Advocate was called upon to provide a report as to the intended relocation. This they did and which the Court considered. That is illustrated in the judgment below.

Extracts of a Judgemnet of the High Court in a Relocation of minor children matter

The following aspects of the judgement would be of benefit:
[22] The ruling on the postponement leaves this court to deal with the only remaining issue between the parties and that is whether or not the Applicant should relocate to Cape Town with the minor children. The law on matters of relocation is clear. The relocation must be in the best interest of the minor children as is prescribed in the Children’s Act No. 38of 2005. In addition, an applicant in the position of the Applicant is at liberty to relocate with minor children provided his or her intention is bona fide and reasonable. The test applies to both relocation within the borders of South Africa and abroad. See Jackson v Jackson 2002 SA 303 (SCA) and B v M 2006 (9) BCLR 1034 (W) to which Counsel for the Applicant referred this court. [23] Accordingly, the following two questions arise: 23.1 Is the proposed relocation in the best interest of the minor children? 23.2 Is the Applicant’s intended move bona fide and reasonable? [24] Whether or not an applicant’s proposed move is bona fide and reasonable should be a factual enquiry. Needless to state therefore that each case must be assessed on its own merits. The Applicant has been living in Johannesburg, xxx, while married to the Respondent and to date she continues to do so. [25] Her relationship with the Respondent has become estranged a result of which she now holds the view that it will benefit her to be next to her family, mother, father brother and sister-in-law all of whom are in the area of Cape Town, xxx. [26] Her family will give her the emotional support that she cannot get in Johannesburg. Furthermore, once the minor children are settled, her mother will give her support by fetching them from school such that she could start looking for employment. [27] As the primary custodian parent of the minor children, her move to Cape Town will of necessity be in their best interest. She does not see herself being separated from them as that will prejudice her relationship with them. Her proposed move to Cape Town is supported by her psychologists, Ms Becker and, Ms Chelvers. [28] The Applicant asserts further that the Respondent whom she describes as ‘exceedingly wealthy’ can still exercise his rights as per the orders of Van Oosten and Victor JJ. She does not foresee any problems whether financially or otherwise for The Respondent to fly to Cape Town to see the children as he does presently in Johannesburg. [29] In response to the Applicant’s averments, the respondent alleges that it will not be possible for him to travel to Cape Town on a weekly or monthly basis as this will necessarily involve increased costs for him. Moreover, it will take him away from his only source of income, his work. [30] The relocation of the minor children means that he will have to seek accommodation in Cape Town, transport and time off work in order to exercise his rights. His ability to generate income will be immensely impaired and that could have devastating repercussions for both the minor children and the Applicant especially as she is unemployed and fully dependent on the monthly maintenance that he pays. [31] The Family Advocate unequivocally recommends that the status quo be maintained because to move the minor children to Cape Town will reverse the stability that has prevailed since the introduction of the increased access by their father. The Applicant herself has agreed that all three minor children like their father and that they cannot wait to visit him. The Family Advocate also alludes to the fact that Gabriel, the eldest of the minor children appears settled with her friends at school. [32] Moving them to Cape Town under these circumstances could upset their routine and bring unnecessary shock to their lives at the time when they are beginning to settle. The Family Advocate is an expert in these kind of matters and he undoubtedly compiled the report with the best interest of the minor children in mind. This court has no reason to doubt the outcome and accordingly adopts it. [33] In the result, the following order is made:
  1. The application is dismissed;
  2. The Applicant is ordered to pay the costs as between attorney and client.
From the above it is clear that the Court looked at various factors, as well as the report of the Office of the Family Advocate.      

Posted on by Telelaw

Do you require a video legal advice consultation?

Click here and schedule one today!