domestic violence, protection order, restraining order, abuse, Cape Town

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domestic violence, protection order, restraining order, abuse, Cape Town

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

 

Family law legal matters can be very stressful. This is so whether you live in Vereeniging 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 Vereeniging. 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 Vereeniging or any other city in South Africa.

What to do before visiting the Vereeniging Children’s Court

Before you approach the Children’s Court in Vereeniging, 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. Vereeniging 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 Vereeniging 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 Vereeniging Children’s Court

The Vereeniging Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Vereeniging 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 Vereeniging 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 Vereeniging.

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 Vereeniging Children’s Court

Once you complete the Form A and submit it to the Clerk of the Vereeniging 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 Vereeniging 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 Vereeniging Children’s Court

Once the Vereeniging 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 Vereeniging 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, Vereeniging, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

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Advocate of the High Court of South Africa – The Advocate’s Profession in South Africa

 

Let us ask advocate Muhammad Abduroaf a few questions

[caption id="attachment_8831" align="alignleft" width="243"]Advocate High Court - Gauteng Johannesburg Eastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria[/caption] South African law has recently changed when it comes to advocates. Now it is possible for advocates to obtain trust accounts which were impossible in the past. By doing so, they would be allowed to take instructions directly from the public. In other words, the client does not first need to see an attorney. Here the Legal Practice Act No. 28 of 2014 comes into play. More than a year has elapsed since the Act has been operating in full swing.   Further below, we tapped into the experience of Advocate Muhammad Abduroaf, a practising advocate of the High Court of South Africa. He gives us some insight into the advocate profession. Although his office is located in Cape Town, he appeared and represented clients in other towns and provinces as well.  

What is the difference between an advocate and an attorney?

Both advocates and attorneys are lawyers or legal practitioners. In simple terms, the attorney is seen as a general practitioner, and an advocate is a specialist. This is however not always the case. Many attorneys now appear in the High Court, and as stated, advocates may obtain trust accounts. The development where an attorney can now appear in the High Court came into existence some years ago. Usually, on TV, you would see the advocate wearing the black robe and the attorney in the smart suit next to him or her.  

What type of work do advocates do?

  Generally, advocates practice in the Higher Courts of South Africa. Here we refer to the High Courts, Supreme Court of Appeal, and the main one, the Constitutional Court. The Attorney would be the one who would do the groundwork, and if need be, instruct the advocate to attend to the more complicated aspects of the case. For example, the advocate would be drafting pleadings, or affidavits, and attending to arguing the matter before a judge and so on. Not to say the other aspects of litigation are not difficult; the latter items are however best suited for advocates to attend to.  

Do advocates give legal opinions on legal matters?

  Advocates would furthermore also be asked to give their legal opinion on a legal matter. An attorney would usually meet with his or her client and discuss the problem at hand, and thereafter instruct an advocate to give his view on the matter. For example, if a client wants to know the prospects of success in a given legal case. The advocate would then spend time researching the law and finding answers to the legal issue at hand. Here again, this type of work would be best suited for an advocate. [caption id="attachment_8825" align="alignleft" width="159"]Advocate High Court - Gauteng Johannesburg Eastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria[/caption]

Where are the High Courts in South Africa?

  In South Africa, we have 14 (fourteen) divisions of the High Court. They are as follows  

Eastern Cape High Court (Bhisho)

Free State High Court (Bloemfontein)

Western Cape High Court (Cape Town)

KwaZulu-Natal High Court (Durban)

Eastern Cape High Court (Grahamstown)

South Gauteng High Court (Johannesburg)

Northern Cape High Court (Kimberley)

KwaZulu-Natal High Court (Pietermaritzburg)

Eastern Cape High Court (Port Elizabeth)

North Gauteng High Court (Pretoria)

Limpopo High Court (Thohoyandou)

Eastern Cape High Court (Mthatha)

North West High Court, Mafikeng (Mmabatho) and

Polokwane Circuit Court of the North Gauteng High Court, Pretoria

There is also circuit court.

 

Do advocates appear in the Magistrate’s Court?

Furthermore, advocates also appear in the lower courts. For example, the Magistrates’ Court, Maintenance Court, Children’s Court and so on. Many times, complicated issues arise in matters that are adjudicated in the Magistrate’s Court. For example, big corporates fighting over an issue that is best suited for the Magistrate’s Court. In those cases, it would be prudent to instruct and advocate with the necessary experience and skills. [caption id="attachment_8830" align="alignleft" width="130"]Advocate High Court - Gauteng Johannesburg Eastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria[/caption]

Do advocates do criminal work?

If there is a criminal matter pending in the High Court, usually an advocate would be briefed to attend to it. However, as stated, some attorneys have rights of appearance in the High Court. Advocates would usually attend to criminal matters in the Magistrates’ Court as well. This would either be District Court matters, or Regional Court matters. As you would have guessed, the High Court would deal with more serious offences.  

We would like to hear from Advocate Muhammad Abduroaf

  We asked advocate Muhammad Abduroaf, a practising advocate of the High Court of South Africa some questions regarding the advocate’s profession. He has over a decade and a half of litigation experience.  

Legal Experience:

Our Lawyer: When were you admitted as an advocate of the High Court of South Africa? Advocate Abduroaf: I was admitted as an advocate of the High Court of South Africa in 2003. It feels like yesterday when the Judge President and Deputy Judge President of the Western Cape High Court admitted me. That time, it was still called the Cape of Good Hope Provincial Division of the High Court. [caption id="attachment_8828" align="alignleft" width="140"]Advocate High Court - Gauteng Johannesburg Eastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria[/caption]

Our Lawyer: What are your academic qualifications

Advocate Abduroaf: I hold an LL.B and an LL.M (Master of Laws), both from the University of the Western Cape. However, to become an advocate, you only require an LL.B.  

Our Lawyer: What do you believe are the qualities required to become an advocate?

Advocate Abduroaf: I think hard work and dedication is the key recipe to be a good advocate. One thing for sure, you cannot be lazy. You will not make it out there if you are.  

Our Lawyer: Is it hard practising as an advocate?

Advocate Abduroaf? Initially, it was very challenging. As you gain more experience, it becomes easier. It’s like anything in life, the more you focus on perfecting it, the easier it gets. There are still times when I am faced with a challenging case. I then dig deep and do my best.   Our Lawyer: How do you cope with being an advocate? Advocate Abduroaf. Firstly, I try to live a balanced life. Focusing on various aspects of life, and not only work. As an advocate, your most valued tool is your mind. If your mind is not sharp, you would be disadvantaged. I, therefore, try to keep fit and live a healthy balanced lifestyle.  

Our Lawyer: Are there cases you do not like to do?

Advocate Abduroaf: I love the law and enjoy practising it. However, there are times when you are faced with challenges. For example, the case that comes to you is in a mess, or your client has a week case, but still wishes to proceed. In such a case, things become challenging as you will most of the time be on the back-foot. [caption id="attachment_8827" align="alignleft" width="121"]Advocate High Court - Gauteng Johannesburg Advocate High Court – Gauteng JohannesburgEastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria
clients in other cities or provinces?[/caption] Advocate Abduroaf: If the need arises and the client is willing to pay for the additional costs, then I would be happy to attend to matters in courts outside of Cape Town. Depending on where the court is situated, I would either fly down the morning or fly the night before.  

Our Lawyer: Any last words for aspiring advocates out there?

Advocate Abduroaf: Work hard, focus, and keep your head down and don’t look around. The next thing you know, you will be the best out there. Eastern Cape High Court (Bhisho) Free State High Court (Bloemfontein) Western Cape High Court (Cape Town) KwaZulu-Natal High Court (Durban) Eastern Cape High Court (Grahamstown) South Gauteng High Court (Johannesburg) Northern Cape High Court (Kimberley) KwaZulu-Natal High Court (Pietermaritzburg) Eastern Cape High Court (Port Elizabeth) North Gauteng High Court (Pretoria) Limpopo High Court (Thohoyandou) Eastern Cape High Court (Mthatha) North West High Court, Mafikeng (Mmabatho) and Polokwane Circuit Court of the North Gauteng High Court, Pretoria  

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Lawyer, attorneys, advocates in Cape Town

Below are searched phases regarding legal services in Cape Town, South Africa. We give a brief explanation.

Maintenance Lawyers in Cape Town

A maintenance Lawyer would assist you in obtaining child maintenance or maintenance for yourself.

Legal Cape Town

You would use this search term should you require legal advice or services in Cape Town

Family law consultation

This consultation would deal with various aspects of family law. This includes child maintenance, custody, domestic violence or divorce.

Legal lawyer

All lawyers deal with legal matters.

Affordable family law attorney

There are many affordable family law attorneys.

Legal aid help

Legal aid is for persons who cannot afford legal assistance.

Family law issues

This relates to various issues. I can be marital, custody or domestic violence.

Legal services

Various lawyers offers legal services.

Custody attorney

A child custody attorney would assist you in obtaining custody or visitation to your child

Legal aid for poor people

Legal Aid is there to assist people who cannot afford legal representation.

Family law advice

This relates to divorce, custody, and relationship issues.

Custody law

This relates to the rights of parents to their child.

Marriage lawyer

This lawyer would assist you in drafting an Antenuptial Contract and Divorcing parties.

Family law attorney dealing with child custody

This attorney would assist you with child custody issues.

Legal divorce

For a divorce to be legal, it needs to be done by a court of law.

Child custody and visitation

This relates to the right of parents and interested parties to have contact and care over a child.

Alimony lawyer

This lawyer assists spouses in receiving maintenance for themselves.

Child custody attorney

This attorney assists with child custody issues. This includes visitation.

Legal aid lawyers

These lawyers work for legal aid institutions.

Divorce attorneys in Cape Town

There are many divorce attorneys in Cape Town.

Paternity lawyer

This lawyer would assist should there be a dispute regarding paternity.

Labour lawyers Cape Town

There are many labour lawyers in Cape Town

Divorce without a lawyer

It is possible to divorce without a lawyer.

Legal aid family law lawyers

Legal aid does have famiily lawyers.

Legal aid assistance

This is where legal aid assists you.

Family law adoption

Adoption falls under family law. Speak to a family lawyer.

Family law attorneys

Theses attorneys deal with child custody, divorce and so on.

Legal services civil advocate

This would be an advocate who does not deal in criminal matters.

legal aid legal services corp

This would relate to a legal aid business.

Unbundled legal services

This would relate to unbundled legal services offered.

Maintenance court

Each magistarial area in Cape Town has a maintenance court.

Free lawyer services

Some lawyers offer free legal services.

Divorce child custody

Divorce and Child custody goes and in hand.

Separation lawyer

A lawyer who would assist you during separation.

Legal advice

A lawyer would provide this.

Family law mediation

This is an option where you do not want to go to court and have the matter resoved with the assistance of a third party. Usually a mediator.

Child visitation lawyers

A chid visitation lawyer would assit you in obtaining contact to your child.

Low cost family law attorney

There are attorneys who charge a lawyer cost.

Uncontested divorce lawyer

A divorce where both parties agree to it. The lawyer would assist.

Family law divorce lawyer

This would be a lawyer, attorney or advocate that deals with family and divorce matters.

Family law practice

This would be a legal practice, of either an attorney or advocate who specialises in Family Law.

Community legal services

These  are organisations that assists the public with legal issues.

Legal consultation

This would be a consultation with an attorney or advocate for legal advice

Family practice lawyer

An attorney or advocate specialising in family legal matters.

Custody issues

Child custody issues relate to matters of visitation, guardianship and so on.

Marriage attorney

A marriage attorney is one who deals with ante-nuptial contract, parenting plans, and divorces.

Legal offices

Legal offices are the places where lawyers work and consult from.

Lawyer consultation

Law consultations are consultations with lawyers for advice.

Family custody lawyers

Family custody lawyers assists parents with their parental rights.

Attorneys cape town

There are many attorneys in Cape Town

Fathers custody rights

A father’s custody rights may differ if he was married to the mother or not as well as his involvement in the child’s life.

Custody lawyers

Custody lawyers assists parents with their custody rights.

Child custody lawyers

Child Custody lawyers assists parents with their custody rights.

Legal advice service

Various, if not all lawyers provide a legal advice service.

Maintenance court cape town

Cape Town has a maintenance court.

Law lawyers

All lawyers deal with law.

Fathers rights child custody

A father’s right to child custody depends on whether he was married to the child’s mother. It also depends on his involvement in the child’s life.

Divorce advocate

A divorce advocate specialises in divorce matters.

Family law

The branch of law dealing with family issues. For example, marriage, divorce, child custody and maintenance.

Legal help

Legal assistance.

Divorce cape town

Many divorces take place in Cape Town

Legal advisory

A legal advisory is a place that advices on legal matters.

Domestic lawyer

This would be a local lawyer.

Child custody for fathers

This would apply if there are issues regarding custody for fathers in relation to they children.

Family court lawyer

A family court lawyer is a lawyer who represents clients in the family court.

Legal aid lawyer services

Lawyers that assist you working for the legal aid.

Family law legal aid

Legal aid that assists in family law matters.

Our lawyer

This would refer to Our Lawyer (Pty) Ltd.

Child maintenance

This relates to support for children by parents.

Family law lawyers

There are many family law lawyers in Cape Town.

low income lawyers

legal aid legal aid

legal help page

relocation consent with minor child

lawyers in cape town

free legal aid family law

legal aid attorney

family law child custody

labour lawyers

legal services

divorce and family law practice

free service lawyer for family court in

pro bono health care legal aid

free attorney advice

reduced fee employment legal aid

asian legal assistance

legal services network

reduced fee family law assistance

pro bono family law

legal aid advice

free legal services

Affordable attorney

There are many affordable attorneys in Cape Town.

Family law referral services

Family law services where they refer you to a specific lawyer.

Legal aid child support attorney

This would be an attorney work works for legal aid assisting parents with child support.

Reduced fee domestic violence legal aid

Some lawyers may reduce their fees for domestic violence matters.

Pro bono domestic violence legal aid

These would be lawyers who assist for free on domestic violence matters.

Free family attorney

There are certain attorneys who do not charge for certain services.

Pro bono employment legal aid

Legal aid assists people who cannot afford a lawyer.

Free lawyer consultation

You would find lawyers offering free first time consultations.

Pro bono family law services

Some lawyer offers free family law services.

Pro bono representation

Probono relates to free legal assistance.

Employment legal services

This is a lawyer who assists in employment matters.

Pro bono civil lawyers

Lawyers who do not charge for civil matters.

Family law services

This relatest to child custody, divorce, relocation, and so on.

Reduced fee health care legal aid

This would relate to a lawyer offering free health care legal advice.

Free lawyer advice

Some lawyers offer free advice.

Pro bono family law lawyers in Cape Town

This would relate to a lawyer operating in Cape Town offering free family law assistance.

Pro bono insurance law assistance

This is where a lawyer assist you for free fro insurance matters.

Pro bono attorneys for child support

Some attorneys would not charge you for child support claims.

Lawyer aid service

This would be where a lawyer assist you for free.

Free family law assistance

This is where you receive free family law assistance.

Free family law services

Some organisations offer free legal services in the field of family law.

Corporate legal advice service

This relates to companies and businesses. For example, issues relating to contracts, or labour issues.

Legal services of lawyers

This relatest to the legal services lawyers offer.

Reduced fee family law services

Some law firms offer reduced fees for family law matters.

Legal Aid legal services

This is where legal advice would assist you with a legal matter.

Pro bono family law assistance

Some lawyers offer free legal family law assistance.

Law firms in Cape Town

There are many law firms in Cape Town dealing with a variety of matters.

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