Family Law Expert Advocate Attorney Cape Town Child Maintenance Medial Extra Mural

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Family Law Expert Advocate Attorney Cape Town Child Maintenance Medial Extra Mural

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What is a parenting plan?

A parenting plan is a written document that outlines the duties and responsibilities of parents after a divorce. A well-drafted plan will reflect the best interests of the child. Visit schedules, visitation rights and custody rights forms the foundation of a parenting plan. A parenting plan can be seen as a shared legal contract or mutual agreement between parents after a divorce. [caption id="attachment_4539" align="alignleft" width="300"] Call our law offices on: 0211110090
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Are parenting plans legally binding?

Parenting plans are not necessary legally enforceable. Circumstantially, if a parent fails to comply with an agreement, the court will not intervene.  A parenting plan is to find a common ground between parents to reinforce their rights and responsibilities after divorce. [caption id="attachment_4541" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption]

What to include in a parenting plan

Parenting plans form part of Family Law. Your family legal expert should be able to guide you through the process of drafting your parenting plan. At Our Lawyer Pty Ltd, the family legal expert has years of professional experience in legal drafting. [caption id="attachment_4544" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] Our law offices operate by appointment only so feel free to have your online appointment made for a legal consultation. In the grander scheme of things, the legal expert will be advising you through the process. Both parents will be able to sit down with the legal expert to discuss a way forward in their child/children’s lives after divorce.

Parenting plan in terms of the Children’s Act

The Children’s Act reflects the child’s rights and best interest of the child which works in close collaboration parenting plans. Meanwhile, the legal expert carries a wealth of legal expertise which comes in handy when drafting your parenting plan professionally. [caption id="attachment_4545" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] Call our offices today and have your legal appointment booked online immediately. Our Lawyer Pty Ltd is highly accommodating towards its clients and believe in making life easier for its clients. This is why we have decided to initiate an online appointment system as well as an online platform in which you can share your thoughts and post your legal questions. Connect with us today! Get your professional legal parenting drafted today.  
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Evictions in South Africa

by Adv. Muhammad Abduroaf Evicting someone in South Africa is strictly governed by South Africa’s laws and regulations. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) provides a legal framework for evictions, which should only be pursued under lawful circumstances such as non-payment of rent or violating lease agreements. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act is an act of the Parliament of South Africa which came into effect on 5 June 1998 and which sets out to prevent arbitrary evictions. It’s important to note that unlawful removal can result in legal consequences for the landlord.

The Eviction process in South Africa

Here is a general guide on how to approach the eviction process in South Africa: When considering eviction, it’s important to follow the legal process diligently and establish valid legal grounds. Common reasons include non-payment of rent, breach of lease terms, or the landlord’s need for the property for personal use. Before evicting your tenant, give written notice stating the reasons for eviction and the time frame within which the tenant should remedy the situation.

The Court Process of Evictions

If the tenant fails to comply with the notice, the landlord must apply to the local Magistrate’s Court or High Court for an eviction order. The court will consider the case based on the evidence provided and the merits of the situation. The landlord must prepare a Notice of Motion and Founding Affidavit outlining the reasons for eviction, any relevant evidence, and the steps taken to resolve the matter. It is best to make use of a Legal Practitioner (Advocate or Attorney) It’s important to ensure that the tenant receives copies of the court documents, including the Notice of Motion and Founding Affidavit, by legal requirements. This is typically done through a sheriff of the Court. Both parties will have the opportunity to present their cases at the court hearing. If you are the tenant and of the view that you are a lawful occupier, you should state so. The court will decide based on the evidence presented and the legal merits of the situation. If the court grants an eviction order, it will specify the date the tenant must vacate the premises.

After the Eviction Order is granted

Once the eviction is completed, the landlord can take possession of the property. The sheriff will execute the eviction order if the tenant does not comply voluntarily. Contact Advocate Muhammad Abduroaf if you require any assistance. [caption id="attachment_11554" align="alignnone" width="300"]Evictions in South Africa - Advocate Muhammad Abduroaf Evictions in South Africa[/caption]
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