Top and the best advocate or attorney for your family law legal matters

When it comes to Family Law, it is of paramount importance that you use the best trust account advocate or attorney for your legal matter. Not necessarily the most expensive or most experienced. It, therefore, does not have to be the top lawyer or well-known advocate in the field. However, the trust account advocate or attorney must be someone you can work with and who is willing to fight for you. This applies whether you are dealing with a child maintenance matter or a relocation consent application. It is even more critical if you are dealing with a sensitive matter involving parental alienation. If you cannot work with your attorney or trust account advocate, the results will not be as best as they could have been. Even worse, your case may be doomed if the attorney or trust account advocate is unwilling to fight smartly for you. This is sad because, in most family law matters, the subject is the minor child.

A scenario on what Trust Account Advocate or attorney to choose

The best way to illustrate the above is by way of an example. As stated, the best or top lawyer is not what you should look at in all circumstances. The attorney or trust account advocate must be willing to fight for you. It goes without saying that a highly experienced attorney or trust account advocate is needed under certain circumstances. But not always. Consider your budget and whether you can fuel litigation until the end.

Child Relocation matter – Top Tip

Let us use a child relocation matter as an example. Suppose you are the child’s mother and want to relocate to the United States of America. Your child is 15 years old, and because she is a minor, you require the biological father’s consent because he has parental responsibilities and rights of the minor child. The biological father however does not want to consent to the relocation, and his reason is that he would not see the child as often as he would. Indeed, he would not see the child as often as he would have. However, that is only one aspect of the case. One also needs to look at the benefits the relocation of the minor child to the United States of America would have him or her. Another consideration is whether or not the father can care for the minor child as well as the mother can. Each case is different.

How to choose the best possible attorney or trust account advocate in the above scenario?

Let us apply some common sense principles in finding the best attorney or trust account advocate for you should the above scenario apply. Seeing that the father of the biological child does not want to consent to the relocation of the minor child, you have no alternative but to approach the Court. The High Court, the upper guardian of all minor children, has the authority to dispense with the requirement of the father’s consent. In essence, what this means is that this consent is no longer required.

The best interest of the minor child’s principle – Best you follow it

The Court will only make such an order if it is convinced it would be in the minor child’s best interest. If it is not in the minor child’s best interest for the relocation to take place and then in that regard, the Court would not make such an order. You, as the parent, would, of course, be allowed to relocate to the United States of America; however, you would not be allowed to take the minor child with you. Another aspect is to consider is if the mother does relocate to the United States of America, is it possible for the father to adequately care for the minor child? Most times, he would be able to. But not always.

What happens if you do not make use of the best advocate of attorney for your case – Top problem

Now that we understand the legal principle applicable, it is important that when seeking an attorney or trust account advocate, they can work with you to obtain the best results possible. In other words, if you and the attorney or trust account advocate cannot see eye to eye on what results are required and how to get them, then you would be wasting your money. For example, suppose you use an attorney or trust account advocate who is pro-father only  (as opposed to pro-equal rights) and not on the same page as you regarding the desired outcome. Then, in that case, it is improbable that the desired outcome would be reached. The attorney or trust account advocate would not fight for you the way they should. This is so even if the attorney or trust account advocate is the best in other aspects of family law—for example, child maintenance.

Last words on finding the top and best attorney or trust account advocate for you – Best and Top advice

There is no one-size-fits-all when seeking the top and best attorney or trust account advocate for your case. As clients differ, so do attorneys or trust account advocates. However, getting along well with your attorney or trust account advocate is essential, and that would ensure the best results. Professionalism is one then, but incompatibility is another. Best of luck finding the best attorney or trust account advocate for your legal matter. Reminder, don’t look for the best only. Look for an attorney or trust account advocate willing to fight for you. 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Ante-nuptial contract, ANC, pre-nuptial contract, Cape Town, divorce

I cannot afford to pay child maintenance during the Lockdown. What can I do? The other parent of my child has not paid any maintenance since before the lockdown. What should I do?

  We are now on day 19 of the National Lockdown. Many expected the lockdown to endure for only 21 days. However, it is now set for 35 days. Unless you are an essential worker, or a business providing essential services, you may not go out to work or earn a living. You may, however, work from home making use of email, telephone calls, and video calls. However, the vast majority of workers in South Africa do not work from a computer or have the ability to earn money from being online. This applies to restaurants, retail stores and suppliers, the building and maintenance industry, and so on. The list is extensive. For those who are lucky to be employed, some will only receive half their salary and some none. No work, no pay. This is a sad reality of the national lockdown. Many people will be left without jobs and unable to pay their expenses. We can only hope and pray that the COVID-19, coronavirus pandemic comes to an end as soon as possible. South Africans can then work together in building our nation back to where it was and beyond.

Regulations regarding the movement of children during the lockdown

1. There are arrangements in place for the children to move for one parent to another in terms of a court order; or
2. A parental responsibilities and rights agreement or parenting plan registered with the office of the Family Advocate; and
3. In the household to which the child is to move, there is no person who is known to have come into contact with, or is reasonably suspected to have come into contact with, a person known to have contracted, or reasonably suspected to have contracted, COVID-19;
4. The parent or caregiver transporting the child concerned must have in his or her possession, the court order or the latter agreement, or a certified copy thereof.

TAKE NOTE! There is NO Child Maintenance Payment Holiday during the National Lockdown Period!

A parent’s duty to pay child maintenance

What are the social welfare consequences of not paying child support?

1. Food (breakfast, lunch and supper)
2. Accommodation (rent)
3. Electricity, water and gas
4. Basic clothing
5. Basic educational expenses
6. Personal hygiene and medical expenses

What if a parent really cannot afford to pay child maintenance during the lockdown period?

For what may a parent approach the maintenance court during the lockdown?