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Posted on 11 February 2025 by Telelaw

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Graaff-Reinet Children’s Court

Family law legal matters can be very stressful. This is so whether you live in Graaff-Reinet or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.
This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Graaff-Reinet. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Graaff-Reinet or any other city in South Africa.
What to do before visiting the Graaff-Reinet Children’s Court
Before you approach the Children’s Court in Graaff-Reinet, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Graaff-Reinet has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Graaff-Reinet Children’s Court for assistance.
TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.
Approaching the Graaff-Reinet Children’s Court
The Graaff-Reinet Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Graaff-Reinet Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.
Once you arrive at the Graaff-Reinet Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.
In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:
PART A: PARTICULARS OF CHILD(REN)
PART B: PARTICULARS OF CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON ACTING IN THE INTEREST OF THE CHILD/ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
PART D: PARTICULARS OF MATTER
In part D, the following is stated which you need to provide in the form:
Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
Documents: Are there any documents relating to the matter? (If so please attach)
Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Graaff-Reinet.
TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.
Processing your Application at the Graaff-Reinet Children’s Court
Once you complete the Form A and submit it to the Clerk of the Graaff-Reinet Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.
TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.
Appearing in the Graaff-Reinet Children’s Court
When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:
Get a social worker involved in the matter;
Appoint a legal representative for the minor child;
Implement interim care and contact arrangements;
Having the parties attempt to agree on a parenting plan;

In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.
TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.
Finalising the matter in the Graaff-Reinet Children’s Court
Once the Graaff-Reinet Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.
TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.
The above Graaff-Reinet Children’s Court Application tips 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, Graaff-Reinet, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Free DIY Online Divorce Guide and Court documents – High Court, Cape Town, Western Cape
This article deals with uncontested divorces in the Western Cape High Court, Cape Town, for marriage In Community of Property. It further provides legal guidance on doing your divorce, with an online divorce. These free divorce resources relate to divorces in the Western Cape instituted from the High Court. Other courts may follow similar practices. It is suggested that you consult with a legal practitioner before instituting divorce legal proceedings, especially if there are minor children and a large estate involved. If you require assistance or legal represenation in a divorce in any Court in South Africa, feel free to schedule a consultation with using the online form further below.
Online Divorce Form
The online divorce form is provided below to kick start the divorce process. After completing the form, and pressing “submit”, our online system will send you an email with the information you provided, as well with links where you may download the following: A divorce guide in PDF format A Sample Summons in PDF format A Particulars of Claim in PDF Format A notice of Set Down in Word Format

Marriages ending up in divorce

When the marriage of a couple has broken down, a divorce may be the best option. If this route is followed, then a friendly process should ensure. There is no need for spouses to fight over a divorce. It is waste of money and if there are children involved, they may come out traumatised. Therefore, in the interest of all concerned, an uncontested divorce is the best option in most cases.

What is an uncontested divorce?

An uncontested divorce happens in one of the following situations:

The couple agrees beforehand to the terms of the divorce, and then enters into a Settlement Agreement or Consent Paper. One party would then initiate the divorce proceedings, and the other party won’t defend it on the basis of entering into a settlement agreement or consent paper
The couple are not on friendly terms. One of them institute divorce proceedings and stipulate in the summons what they want. The other party receives the summons and does not have issue with what the other spouse is asking for. The divorce then proceeds as prayed for in the Summons.
A spouse instituted divorce proceeding and the other spouse defended it. After the lawyers or parties spoke, they came to some type of an agreement. The party then withdrew his defence and the divorce proceeded undefended.

How long does an uncontested divorce take?

An uncontested divorce where the parties agrees upon the terms of the divorce beforehand, can take approximately 4 (four) weeks from start to finish. The time periods can be estimated as follows:

3 to 5 days to draft the Summons and Settlement Agreement. The Parties requires some time obtain information regarding pension funds, how to divide the join estate and so on.
A day to issue the summons and about 2 days for it to be served on the Defendant by the Sheriff. A better option is for the Defendant to be served at the office of the Sheriff. In this case, there is no need for the Sheriff to visit the Defendant at his place of work or home.
10 working days must then elapse after the summons has been served on the Defendant.
Once the 10 days has elapsed, the divorce may be set down on the unopposed court roll.
To set the divorce down on the unopposed roll, you should obtain a date from the Registrar. Usually the date is in a few weeks.

What about the Office of the Family Advocate?

If there are minor children involved, the Office of the Family Advocate would need to have a look at what provisions have been made regarding them in the Summons or Settlement Agreement. What happens in practice, is the Summons or Consent Paper is delivered to the Office of the Family Advocate. A Family Advocate would study it and endorse it if there are no concerns. If there are concerns, he or she would advise the Court thereof.

What happens at the divorce Court?

Should the divorce proceed uncontested, and set down correctly, you matter should be on the court roll. In the Western Cape High Court, divorces are dealt with closer to the end of the court roll. When your matter is called up, you would be sworn in and provide evidence. You would have to deal with the following:

That you are the Plaintiff and reside in the Western Cape.
You were married to the defendant on a certain date and place.
Show the original marriage certificate, or copy to the Court.
Confirm that there are minor children born from the marriage.
Tell the Court the reasons for the breakdown of the marriage and why it cannot be saved.
Ask the court to grant a decree of divorce, and the terms stipulated in the Summons (more specifically, the Particulars of Claim) or the Consent Paper entered into.

Posted on 11 February 2025 by Telelaw