Factors to consider when searching for child custody, divorce or child maintenance lawyers?

[caption id="attachment_8801" align="alignleft" width="260"]Child Custody Lawyer, Divorce Lawyer, Cape Town Child Custody Lawyer, Divorce Lawyer, Cape Town[/caption] Not all lawyers are the same. Just as not all doctors are the same. You won’t go to a medical doctor who is a foot specialist (podiatrist) if you have a skin problem. For that, you will see a Dermatologist. This you would do, even if the podiatrist knows a bit about skin illnesses and diseases and is, nonetheless, a medical doctor. The same principles apply to the law and to lawyers. Various lawyers specialise in various fields of law. Some know more, and some know less. You won’t meet with a property lawyer if you have been accused of medical malpractice; or would you? You get the point we are trying to bring across.

Factors to consider when enlisting legal service from a legal practitioner

There are Important factors to consider when employing, or enlisting the services of a lawyer (attorney, advocate, legal consultant, etc.) A few of these factors as follows:

Location of the lawyer

This is not always an issue as the advice can be provided via a video call or telephonically. If it comes to litigation, it may be an issue. If you live in Cape Town and the lawyer in Johannesburg, there would be additional traveling costs to consider.

The Cost or Fee of the Lawyer

Not all legal practitioners charge the same for their services. Depending on the years of experience of the lawyer, he or she would charge a higher or lower fee. The same applies to his or her expertise. If he or she is an expert in a certain field of law, the fee may be higher than a generalist attorney. Therefore, if you do not need expert advice, consult with an advocate or attorney with enough experience to be able to assist you. [caption id="attachment_8800" align="alignleft" width="269"]Advocate, Attorney, Consultant Child Custody Lawyer, Divorce Lawyer, Cape Town[/caption]

Gender of the Attorney or Advocate

There is not much that can be said about this factor. Some people prefer one gender over the other. The bottom line is to be comfortable with the person you are consulting with. Many times, especially in litigation, you may see your lawyer a few times a month for up to two (2) years.

Availability of your lawyer

Some lawyers are extremely busy and in demand. Ensure that the lawyer you are making use of has the time to attend to your matter expeditiously.

Experience of the lawyer

There is no substitute for experience. If your matter is simple, then experience may not be a big issue. If your matter is complicated, more experience is required. Obviously, as outlined above, with experience, there comes a higher price tag.

The language which is spoken by the lawyer

It may be a good idea to make use of a lawyer who speaks your first language. If there is a language barrier, the lawyer may assume certain facts. The same applies to the client.

Don’t speak to me, speak to my lawyer

You often hear the phrase, “do not speak to me, speak to my lawyer.” This phrase although popular may only be useful in certain circumstances. Unless you have many lawyers at your disposal or one that knows it all an is an expert in all areas of law, it won’t always be a good referral. Chanting that phrase may not be a good idea.

Professional services come at a fee

Not everyone can afford the services of a lawyer (attorney or advocate). Legal practitioners are trained professionals, who would charge a fee for their time and services. The same as any professional or business would charge. Luckily the law does not force one to make use of an attorney or advocate when appearing in court or dealing with legal matters. You can represent yourself in a legal matter or conduct your own defense. But please, at no point do we say you should not seek legal advice or assistance. If you can afford it, or have access to it, obtaining sound legal advice and assistance in a matter is invaluable. Now let us move on to apply the aforementioned principles to sourcing a lawyer in relation to children matters. Here we are referring to matters regarding child custody, guardianship, maintenance and so on.

Matters regarding children

When it comes to matters regarding minor children, the same principles as above apply. Maybe more so, as children are represented by adults in litigation. Most of the time it’s their parents, and sometimes, their caregivers. Sound legal advice is therefore paramount. If you have access to or can afford the services of a lawyer, it is important that you make use of an experienced and knowledgeable family law practitioner. There are many subbranches of family law. For example, a divorce lawyer may not deal with issues regarding relocation or passport application consent. Some legal practitioners practice commercial law, criminal law, and others, property law. Although one can always learn the law, making use of a legal practitioner with limited experience in a family law matter could cost you your case.

Where to find a family law practitioner?

The internet is always a good place to start. Many law firms and consultancies have websites showcasing their experience and services. Sometimes you will hear of a law firm on the radio, or on social media. Word of mouth is also a good source. Notwithstanding where you find the details of a legal practitioner, you would like to find out if he or she is the right person for your case.

Questions to ask a lawyer at your first meeting

The most important thing to determine from your lawyer is whether not he or she is capable of handling the matter at hand. If the matter is simple, then an expert in litigation would not be appropriate. However, if your matter calls for a court of law to make a decision on the matter, then a legal practitioner who has sufficient experience in litigation would be appropriate. This would be especially so when dealing with an urgent child custody matter. Therefore, you need to ensure that the lawyer you are consulting with is the type of lawyer you will require.

Practical example on which lawyer to source

Let’s say you are involved in a custody dispute. You and the other parent of the child just separated. The other parent now decides to leave the country with a minor child without your consent. Let’s say, in this case, it is the mother. Only the mother’s name is on the birth certificate. She books the ticket for her and the child and tells the authorities she does not know who the father is. She is therefore set to leave the country the next day. The father hears about this and does not want the child to leave the Republic of South Africa. He has full parental responsibilities and rights as he was actively involved in the child’s life since her birth. In this case, an urgent court application should be made. Here an experienced attorney and advocate should be approached to stop the mother from leaving the country with the minor child. After the lawyers stopped the mother from leaving the country, a few days later, she applies for child maintenance. Both parents are salary earners, and the child’s’ expenses are basic. Under these circumstances, a reasonably experienced legal practitioner would be appropriate. They are many other factors to consider when employing the services of a lawyer. This would depend on the nature of your case. 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. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws              

Factors to consider when searching for child custody, divorce or child maintenance lawyers?

Child Custody Lawyer, Divorce Lawyer, Cape Town
Child Custody Lawyer, Divorce Lawyer, Cape Town

Not all lawyers are the same. Just as not all doctors are the same. You won’t go to a medical doctor who is a foot specialist (podiatrist) if you have a skin problem. For that, you will see a Dermatologist. This you would do, even if the podiatrist knows a bit about skin illnesses and diseases and is, nonetheless, a medical doctor. The same principles apply to the law and to lawyers. Various lawyers specialise in various fields of law. Some know more, and some know less. You won’t meet with a property lawyer if you have been accused of medical malpractice; or would you? You get the point we are trying to bring across.

Factors to consider when enlisting legal service from a legal practitioner

There are Important factors to consider when employing, or enlisting the services of a lawyer (attorney, advocate, legal consultant, etc.) A few of these factors as follows:

Location of the lawyer

This is not always an issue as the advice can be provided via a video call or telephonically. If it comes to litigation, it may be an issue. If you live in Cape Town and the lawyer in Johannesburg, there would be additional traveling costs to consider.

The Cost or Fee of the Lawyer

Not all legal practitioners charge the same for their services. Depending on the years of experience of the lawyer, he or she would charge a higher or lower fee. The same applies to his or her expertise. If he or she is an expert in a certain field of law, the fee may be higher than a generalist attorney. Therefore, if you do not need expert advice, consult with an advocate or attorney with enough experience to be able to assist you.

Advocate, Attorney, Consultant
Child Custody Lawyer, Divorce Lawyer, Cape Town

Gender of the Attorney or Advocate

There is not much that can be said about this factor. Some people prefer one gender over the other. The bottom line is to be comfortable with the person you are consulting with. Many times, especially in litigation, you may see your lawyer a few times a month for up to two (2) years.

Availability of your lawyer

Some lawyers are extremely busy and in demand. Ensure that the lawyer you are making use of has the time to attend to your matter expeditiously.

Experience of the lawyer

There is no substitute for experience. If your matter is simple, then experience may not be a big issue. If your matter is complicated, more experience is required. Obviously, as outlined above, with experience, there comes a higher price tag.

The language which is spoken by the lawyer

It may be a good idea to make use of a lawyer who speaks your first language. If there is a language barrier, the lawyer may assume certain facts. The same applies to the client.

Don’t speak to me, speak to my lawyer

You often hear the phrase, “do not speak to me, speak to my lawyer.” This phrase although popular may only be useful in certain circumstances. Unless you have many lawyers at your disposal or one that knows it all an is an expert in all areas of law, it won’t always be a good referral. Chanting that phrase may not be a good idea.

Professional services come at a fee

Not everyone can afford the services of a lawyer (attorney or advocate). Legal practitioners are trained professionals, who would charge a fee for their time and services. The same as any professional or business would charge. Luckily the law does not force one to make use of an attorney or advocate when appearing in court or dealing with legal matters. You can represent yourself in a legal matter or conduct your own defense. But please, at no point do we say you should not seek legal advice or assistance. If you can afford it, or have access to it, obtaining sound legal advice and assistance in a matter is invaluable.

Now let us move on to apply the aforementioned principles to sourcing a lawyer in relation to children matters. Here we are referring to matters regarding child custody, guardianship, maintenance and so on.

Matters regarding children

When it comes to matters regarding minor children, the same principles as above apply. Maybe more so, as children are represented by adults in litigation. Most of the time it’s their parents, and sometimes, their caregivers. Sound legal advice is therefore paramount.

If you have access to or can afford the services of a lawyer, it is important that you make use of an experienced and knowledgeable family law practitioner. There are many subbranches of family law. For example, a divorce lawyer may not deal with issues regarding relocation or passport application consent. Some legal practitioners practice commercial law, criminal law, and others, property law. Although one can always learn the law, making use of a legal practitioner with limited experience in a family law matter could cost you your case.

Where to find a family law practitioner?

The internet is always a good place to start. Many law firms and consultancies have websites showcasing their experience and services. Sometimes you will hear of a law firm on the radio, or on social media. Word of mouth is also a good source. Notwithstanding where you find the details of a legal practitioner, you would like to find out if he or she is the right person for your case.

Questions to ask a lawyer at your first meeting

The most important thing to determine from your lawyer is whether not he or she is capable of handling the matter at hand. If the matter is simple, then an expert in litigation would not be appropriate. However, if your matter calls for a court of law to make a decision on the matter, then a legal practitioner who has sufficient experience in litigation would be appropriate. This would be especially so when dealing with an urgent child custody matter. Therefore, you need to ensure that the lawyer you are consulting with is the type of lawyer you will require.

Practical example on which lawyer to source

Let’s say you are involved in a custody dispute. You and the other parent of the child just separated. The other parent now decides to leave the country with a minor child without your consent. Let’s say, in this case, it is the mother. Only the mother’s name is on the birth certificate. She books the ticket for her and the child and tells the authorities she does not know who the father is. She is therefore set to leave the country the next day.

The father hears about this and does not want the child to leave the Republic of South Africa. He has full parental responsibilities and rights as he was actively involved in the child’s life since her birth. In this case, an urgent court application should be made. Here an experienced attorney and advocate should be approached to stop the mother from leaving the country with the minor child.

After the lawyers stopped the mother from leaving the country, a few days later, she applies for child maintenance. Both parents are salary earners, and the child’s’ expenses are basic. Under these circumstances, a reasonably experienced legal practitioner would be appropriate. They are many other factors to consider when employing the services of a lawyer. This would depend on the nature of your case.

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.

Should you require business advice or services, feel free to click on these links:

Business SA | Private Legal | Envirolaws

 

 

 

 

 

 

 

Related Post

Fast and Simple Divorce: Best Way How to Achieve a Quick and Professional Separation

Navigating the divorce process can often be complex, as a divorce order involves more than simply ending the marital relationship. In cases where the couple is married in Community of Property, the divorce order also necessitates the equitable division of joint assets, which can range from pension funds, bank accounts to real estate and personal possessions. This aspect alone can become quite intricate, requiring careful consideration of each party’s contributions and entitlements.

Issues involved in a divorce

Moreover, if minor children are part of the equation, the divorce order must comprehensively address several important issues. These issues include guardianship, and decision-making authority, as well as custody arrangements that outline where the children will reside. Additionally, visitation rights need to be established to define how and when the non-custodial parent can spend time with the children. Finally, child maintenance must be determined to ensure that both parents contribute fairly to the children’s upbringing, covering expenses such as schooling, healthcare, and daily living costs. In some cases, spousal maintenance or alimony may also be applicable, depending on the financial circumstances of both parties.

Getting divorced is not straightforward

Given these various considerations, getting divorced is not a straightforward task and requires diligent planning and foresight. Rushing into a divorce without thorough examination of the implications can lead to regrettable outcomes, such as forfeiting valuable assets or failing to secure adequate financial support for oneself or one’s children. It is particularly concerning if a party agrees to unfavorable terms regarding contact rights with their children or maintenance for their shared expenses, all in the pursuit of a quick resolution.

Best Way to Get Divorced Quickly

If you and your spouse are seeking to finalize your divorce as quickly as possible, one of the most effective strategies is to approach a divorce attorney or advocate together. It is essential that both parties participate in the initial meeting with the lawyer to ensure transparency and open communication. Meeting separately or having one spouse relayed information later can lead to misunderstandings and may hinder the process.

Schedule a Joint Consultation

During this joint consultation, both parties have the opportunity to ask questions and present all relevant information regarding the financial aspects of the marriage, including assets, debts, and income, as well as details concerning any minor children. This collaborative approach allows the attorney or advocate to ask pointed questions, gather necessary information from both spouses simultaneously, and clarify any potential issues right away.

Drafting the neccessary Court documents

Once the attorney or advocate has collected all pertinent information and clearly explained the divorce process and its implications, they can swiftly proceed to draft the necessary court documents. This includes preparing the divorce summons and any other required forms to initiate the legal proceedings. The attorney or advocate will then file these documents with the court and arrange for them to be served to the other spouse. Following this, they will apply for a court date to finalize the divorce.

It is best to be proactive

By taking this proactive and collaborative approach, couples can significantly streamline the divorce process, reducing stress and ensuring that all legal requirements are met efficiently and professionally. If you wish to consult with us on your divorce, please complete the form below.    

Parental consent for a minor child’s enrolment into a school – What can you do if co-guardianship consent is refused?

Children have a right to a decent education—one which would benefit them in life. Every caring parent wants to give their child the best education possible according to their specific circumstances and station in life.  Not all parents earn the same amount of money or have access the best type of education. However, most parents will do their best, which the law and society expect of all parents. In doing so, they ensure that their child has the best opportunities in life.

Parents co-operating in educating their minor children

It is vitally important for parents to co-operate when it comes to their minor child’s education. This relates to the enrollment into a school, the paying of school fees, transportation, parent involvement, homework, etc. If one parent does not wish to be involved in the child’s education, they should not hinder or obstruct the other parent from attending to the minor child’s education. For example, if the primary caregiver wants to enrol the minor child into a school, the other parent should co-operate in signing the necessary documents etc. It would be gravely unfortunate if a child’s right to a reasonable education is being prejudiced because the uninterested parent does not want to co-operate.

Parents not agreeing on the school the minor child should attend

Having dealt with the critical aspect of a minor child receiving a decent education and them co-operating; parents sometimes have conflicting views on what type of education is in the minor child’s best interests. Disputes may arise as to what school the minor child should attend or the subjects they should do. Parents being unable to agree on the essential aspects of the minor child’s education can cause severe problems for the minor child’s future. The law does not expect parents to agree on all aspects of the minor child’s education. However, the disagreement should not compromise the minor child’s education. If there is an impasse, a parent must give in. The law, therefore, expects parents to agree on those important issues regarding the minor child’s education and work together on making the minor child’s educational journey as smooth as possible.

Where do most educational disputes stem from?

Most parental disputes regarding a minor child’s education arise when the parents are separated or not living together. Here the reference is made to divorced parents or parents who were in a relationship and now separated. This is unfortunate as the minor child already has to deal with having parents living in separate homes and sharing time with each parent. It is not the minor child’s fault that his or her parents are not together or have issues. An issue may be where one parent prefers a school closer to their home and the other closer to their work. Or a parent prefers the minor child to attend a school which historically excelled in sport or academia.

Issue of affordability of education

Other considerations are that of affordability or the cost of education. One parent may not be able to afford the school fees of the current or new school. These are challenges that are not easy to resolve. When it comes to money issues, it is difficult to find solutions without looking into the parents’ pocket. This also comes with its own challenges. This is so as you would have to firstly deal with the issue of what is a better school for the minor child, and then the issue of affordability, location and so on. It is easy to determine which school is in theory better than the other by ticking off boxes. However, if school fees would not be paid, the exercise may be futile, when dealing with schools outside the affordability bracket of the parents.

When does the issue of a change in schooling arise?

Most of the minor child’s educational disputes between the parents comes to play when the child has to enrol into a new school. Usually in grade R or grade 7. If the child is attending a school, parents would usually not bring up any issues until those grades have been completed (or are soon to be completed). As a primary care giver of your child, you would want to ensure that your child has a school ready to attend the following year. You would also want to ensure that the school is an ideal school, considering the fees, location, subjects they offer and so on. If you leave this issue of application and enrolment into schools too late, you may end up having to enrol your child into as school far from your home or work. It may happen that the school your child ultimately attends do not have the curriculum you want for your child.

Parental consent for enrolment into a new school

Schools require both guardians of a minor child to enrol them into a school. This is especially so if the father’s name is on the birth certificate. If the parents are separated, and either parent is uncooperative, the child may not get accepted into a school timeously or into the best-suited school for him or her. If parents have their own personal issues between the two of them, then the situation becomes worse. One parent may try to use his or her right to consent as leverage for something else. For example, he or she will only consent if her or she does not have to pay any school fees.

What do you do if parental consent is not provided?

If there is a dispute regarding the school your child should attend, and it cannot be resolved between the parents; we suggest you try to mediate the issue with an experienced mediator or family counsellor. If that does not happen because the other parent does not want to partake, or the outcome is unsatisfactory to you, then you would have to approach the Court for assistance in resolving the matter. This is unfortunate as the child is the one who would suffer as he or she would be attending the school. The Court can make an order that only one parent’s consent is required for the enrolment of the minor child into a school.

What does the Court look at when deciding on parental consent?

As always, the court always looks at what is in the minor child’s best interest when it comes to issues surrounding him or her. Therefore, when it comes to parental consent issues in relation to education, the court would have to decide what is best for the minor child. Is it best that the minor child attend school A, or School B.? Before the court so decides, it would firstly hear from both parents. It may even ask the Office of the Family Advocate to first investigate and give their recommendations.

Court overriding the parents rights

If the court orders that School B would be best, then it would order that the parent who does not support School B should provide his or her consent, failing which, his or her consent is dispensed with. This process can take very long and can become very expensive. It would have been best if the parents used their money towards the minor child’s education. At the end of the day, litigation does not serve the minor child in the long run, especially when it comes to his or her education.    

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