Failure to comply with a maintenance order

First of all, what is a maintenance order? A maintenance order is a direct instruction from the court to the parent, to pay child maintenance/child support. [caption id="attachment_4530" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] Maintenance defaulters very seriously and therefore, failure to comply with the order is classified as a criminal charge. This implies that the order is legally enforceable – in other words, the court can, and will intervene. The defaulting parent can therefore lay a criminal charge at the court after they have applied for a maintenance order at the Magistrates Court.

Maintenance Court Procedure

Every local area will have its own magistrate’s court which is also a maintenance court that deal with maintenance legal matters. You may visit your closest magistrate’s court in which the maintenance officer will advise you as to what to bring along. [caption id="attachment_4532" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] When trying to claim for maintenance or apply for an order, you will need to bring along:
  • Your identity document
  • Your child’s birth certificate
  • A payslip to show what you earn
  • Bills and receipts that could be of help
  • The name of the other parent, place of work, and other relevant details
  • A recent photograph of the other parent, if you have one.
Our Lawyer Pty Ltd are professional legal experts in family law who have dealt with a number of maintenance legal matters. What is it that sets us aside from the rest? [caption id="attachment_4533" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] First of all, you will avoid the long wait of gaining expert legal advice as opposed to the magistrates court. Once you call our offices for an online appointment, you will have an immediate set date for your professional legal consultation. Our law offices are set in a central, safe setting at Suit 702, 7th Floor, The Pinnacle, on the corner of Strand and Burg Street in the CBD. Our offices are neat and comfortable in which you can enjoy free Wi-Fi and confidential consultations. Call our offices today to make an appointment with us today.

Failure to comply with maintenance order

Have your spouse failed to pay child support? It is time you consider your family legal expert to help you execute the legal steps you entitled to take – dealt with child maintenance defaulters over many years and therefore, took out the time to comply original, expert legal advice article for your convenience. [caption id="attachment_4534" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] For free legal advice articles, click on the following links below. These article are thoroughly composed by a family legal expert: Make an online appointment with us today and call our offices on 021 424 34 87 or call our national number on 087 701 124.    
Posted on by Telelaw

Failure to comply with a maintenance order

First of all, what is a maintenance order?

A maintenance order is a direct instruction from the court to the parent, to pay child maintenance/child support.

Call our law offices on: 0211110090
Email us at: [email protected]

Maintenance defaulters very seriously and therefore, failure to comply with the order is classified as a criminal charge. This implies that the order is legally enforceable – in other words, the court can, and will intervene. The defaulting parent can therefore lay a criminal charge at the court after they have applied for a maintenance order at the Magistrates Court.

Maintenance Court Procedure

Every local area will have its own magistrate’s court which is also a maintenance court that deal with maintenance legal matters. You may visit your closest magistrate’s court in which the maintenance officer will advise you as to what to bring along.

Call our law offices on: 0211110090
Email us at: [email protected]

When trying to claim for maintenance or apply for an order, you will need to bring along:

  • Your identity document
  • Your child’s birth certificate
  • A payslip to show what you earn
  • Bills and receipts that could be of help
  • The name of the other parent, place of work, and other relevant details
  • A recent photograph of the other parent, if you have one.

Our Lawyer Pty Ltd are professional legal experts in family law who have dealt with a number of maintenance legal matters. What is it that sets us aside from the rest?

Call our law offices on: 0211110090
Email us at: [email protected]

First of all, you will avoid the long wait of gaining expert legal advice as opposed to the magistrates court. Once you call our offices for an online appointment, you will have an immediate set date for your professional legal consultation.

Our law offices are set in a central, safe setting at Suit 702, 7th Floor, The Pinnacle, on the corner of Strand and Burg Street in the CBD. Our offices are neat and comfortable in which you can enjoy free Wi-Fi and confidential consultations. Call our offices today to make an appointment with us today.

Failure to comply with maintenance order

Have your spouse failed to pay child support?

It is time you consider your family legal expert to help you execute the legal steps you entitled to take – dealt with child maintenance defaulters over many years and therefore, took out the time to comply original, expert legal advice article for your convenience.

Call our law offices on: 0211110090
Email us at: [email protected]

For free legal advice articles, click on the following links below. These article are thoroughly composed by a family legal expert:

Make an online appointment with us today and call our offices on 021 424 34 87 or call our national number on 087 701 124.

 

 

Related Post

30 May 2020 – Latest Regulations on the movement of minor children during the lockdown – The introduction of the Magistrate’s Permit

The Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma, published new regulations regarding the Lockdown on 29 April 2020. As from 1 May 2020, South Africa’s lockdown would be on Level 4, one level down from when it started. The new regulations bring challenging changes regarding the movement of children between parents. For example, the provision of applying for a Magistrate’s permit. Therefore, some of the new regulations are welcomed by us, and others not. The regulations are further below. Click here to read an article regarding the previous regulations on the movement of children. Summary of the recent regulations that will come in effect tomorrow 1 May 2020:

Local movement of children during the lockdown

Movement of Children may only take place in the same metropolitan area or district municipality if the co-holders of parental responsibilities and rights or a caregiver is: (a) in possession of a Court Order; or (b) a parental responsibilities and rights agreement or parenting plan, registered with the family advocate; or (c) a permit issued by a magistrate which corresponds with Form 3 of Annexure A if the latter documentation is not available; and (d) The household to which the child has to move must be free of COVID-19. Before a magistrate may issue a permit, he or she must be provided with a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights. Furthermore, written reasons as to why the movement of the child is necessary must be provided. In our view, the permit application is a step back. This we say as previously there was no need for the application for a permit. The courts would be inundated with such applications. Producing a birth certificate as previously required should have continued.

Inter-Provincial movement of children during the National lockdown

The regulations now allow for a once-off movement of children between provinces during the lockdown. It states: “Any child who was not at the residence of their primary caregiver before the lockdown period and who could not travel between provinces, metropolitan and district areas during the lockdown will be permitted, on a once-off basis, to return to the residence of their primary caregiver if the co-holders of parental responsibilities and rights or a caregiver is in possession of a permit issued by a magistrate which corresponds with Form 3 of annexure A.” Before a magistrate issues a permit, he or she must be provided with: (a) a court order; or (b) a parental responsibilities and rights agreement or parenting plan registered with the family advocate; or (c) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights, and (d) written reasons why the movement of the child is necessary. Furthermore, the household to which the child has to move must be free of COVID-19. Click here to read an article regarding the previous regulations on the movement of children. Below are the relevant regulations and the relevant form the Magistrate must provide. Movement of children
  1. (1) The movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1(1) of the Children’s Act, 2005 (Act No. 38 of 2005), in the same metropolitan area or district municipality is allowed subject to the following if the co-holders of parental responsibilities and rights or a caregiver is in possession of—
(a) a court order; or (b) a parental responsibilities and rights agreement or parenting plan, registered with the family advocate (c) a permit issued by a magistrate where which corresponds with Form 3 of Annexure A if the documentation in paragraphs (a) and (b) is not available. (2) The movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1(1) of the Children’s Act, 2005 (Act No. 38 of 2005), between different metropolitan areas, district municipalities or provinces is allowed if the co-holders of parental responsibilities and rights or a caregiver is in possession of a permit, issued by a magistrate which corresponds with Form 3 of Annexure A. (3) Any child who was not at the residence of their primary caregiver before the lockdown period and who could not travel between provinces, metropolitan and district areas during the lockdown will be permitted, on a once-off basis, to return to the residence of their primary caregiver if the co-holders of parental responsibilities and rights or a caregiver is in possession of a permit issued by a magistrate which corresponds with Form 3 of annexure A. (4) The household to which the child has to move, must be free of COVID-19. (5) (a) Before a magistrate issues a permit referred to in regulation 17(1)(c), he or she must be provided with— (i) birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights; and (ii) written reasons why the movement of the child is necessary.   (b) Before a magistrate issues a permit referred to in 17(2) or (3), he or she must be provided with— (i) A court order (ii) a parental responsibilities and rights agreement or parenting plan registered with the family advocate or (iii) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights; and (iv) written reasons why the movement of the child is necessary.
[caption id="attachment_9098" align="alignleft" width="651"]Permit issued by a Magistrate for the movement of children during the lockdown Permit issued by a Magistrate for the movement of children during the lockdown[/caption]                                           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 Click here to read an article regarding the previous regulations on the movement of children.  
Posted on by Telelaw

Relocation with my minor child to Italy, Venice (Consent and Refusal) – Advocate Muhammad Abduroaf

The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you.

Relocation of your minor child to Venice, Italy

If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages three or four) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Durban or Pretoria, South Africa, and you want to relocate to Venice, Italy, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation.

What about Passport Consent to travel or relocate to Venice, Italy?

The same applies when it comes to your minor child applying for a South African passport to relocate to Italy, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken.

What are the steps to follow when I want to relocate to Venice, Italy with my minor child? There is there another parent.

To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Venice, Italy.

What can I do if the other parent does not want to consent to the minor child’s relocation to Venice, Italy?

If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Venice, Italy, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Venice, Italy. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Venice, Italy, the Court would make it possible despite the issue of consent or refusal.

What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Venice, Italy?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Venice, Italy – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Venice, Italy, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself.

Getting legal assistance or help with your relocation application to Venice, Italy

If you require legal assistance or representation with relocating to Venice, Italy due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Posted on by Telelaw

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