child support, child custody, divorce, child maintenance, Cape Town

Adoption Law in South Africa

The Child Care Act forms the foundation of the Adoption Law and is very much adhered when following through with the adoption process. The ultimate objectives of the Children’s Act is to:

• Protect the social and emotional well-being of a child.
• To implement structures within a community that can care and protect the child.
• To ensure that no child goes through starvation, abuse, exploitation and so forth.
• To ensure that the public (adults) are not taking advantage/exploiting or inflicting physical harm onto a child.

[caption id="attachment_4511" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] For free, expert legal advice on the Children’s Act, read our legal piece on The Law Regarding Children – The Children’s Act 38 of 2005. Feel free to call our law offices on 021 424 3487 for an online appointment for a professional legal consultation today.

Baby adoption process

1. Establish a mutual ground between you and your spouse: this means making sure that both parties are actively involved in the adoption process and that both parties would like to process with the process.
2. Social worker or adoption agency: A social worker mandatory to the process even though you may personally know the biological mother of the child. When it comes to a social worker and agency, you need to ensure that you can trust both the agency and social worker. These two factors will play an essential role in the outcome of the adoption process.
3. Screening process: this can be the most dreadful step.

• Interview with your social worker
• Police clearance
• Medical report
• Psychological assessment
• Summary of finances
• Clearance from National Child Protection Register
• Clearance from the National Register of Sexual Offenders
• Assessing of your marriage
• References
• Group sessions
• Social worker will have to visit your home to check for a stable, safe home for the child
• An overall family assessment

1. Wait for your child while the social worker determines an ideal candidate that suits the circumstances of the matter.
2. You will get to meet your child and you will have an idea of your child’s history and have a choice if you would like to proceed.
3. Complete the legal work: this is where a good, family legal expert comes in to help you through the process of the Children’s Court and other legalities.

• Adopting a child and the Law
• Child adoptions- domestic and intern-country
• Relocate with the minor child- parent refusing passport
• The law regarding Children’s Act

I am currently married in terms of Muslim Rites. I want legal assistance regarding my divorce. What can I do?

In South Africa, there are close to a million Muslims. That is a minimal number compared to the entire population of South Africa. When a Muslim gets married, they need to follow the prescripts of Islam. The same applies to when they get divorced. This would either be via a Talaq of Faskh or other lawful manner. Therefore, lawyers would not get involved regarding the issue of the actual Talaq of Faskh. Lawyers would, however, get involved in property aspects or issues regarding minor children. This is what this article will deal with.

How do I resolve property disputes post-my Muslim marriages?

Spouses married in terms of Muslim Rites in South Africa would own their property. They are, therefore, not married in community of property where all their assets and liabilities are shared. In an Islamic marriage, the wife would own her property, and the husband would own his property. It can be compared to being married out of community of property without the accrual regime. Therefore, unless your spouse owes you money or you want to resolve the issue of a jointly owned property, there would not be a claim against your spouse’s estate. If there is a specific reason why you think you are entitled to claim from the estate of your spouse at the time of your Muslim marriage divorce, then we strongly recommend you consult with a lawyer in this regard—for example, Universal Partnership.

How do I resolve Child Care and Contact disputes post-Muslim marriage?

There is no distinction between the rights and responsibilities of parents or children who marry each other in terms of Muslim Rights or Civilly (in Court or terms of the Marriage Act). Therefore, your case would be dealt with just as if you were married to your ex-spouse in terms of the laws of South Africa. However, because your marriage was dissolved in terms of a Faskh or Talaq, or not via a divorce court (where parental rights are dealt with at the divorce), you would need to resolve any disputes regarding care and contact after the Faskh or Talaq in a Court or law. You may either approach the Children’s Court or the High Court.

How do I resolve child Maintenance disputes, post-Muslim marriages?

Whether parents are married or not, their obligations towards the maintenance of their children remain the same. In other words, a person who was married in terms of Muslim Rites or Civil law has no greater or lesser obligation to maintain their child than a parent who was not married. Unless a court dissolves your marriage and resolves the issue of child maintenance, you would need to approach the maintenance court for a maintenance order. In the case of a Mulsim divorce, that would happen after the Faskh or Talaq was finalised. However, any parent can approach the maintenance court for child maintenance at any time. They can do this while married, separated or after their divorce. You can also approach the court for a variation of the maintenance order for either an increase or decrease in child maintenance.

Do you require assistance with the legal issues regarding your Muslim marriage and divorce (Faskh or Talaq)?

Please get in touch with us if you require legal assistance with any aspect of your Muslim Faskh or Talaq. You may schedule a consultation using the link www.ourlawyer.co.za/advice.