Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.

Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference.

Expertise and Specialisation

One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, Advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.

Personalised Approach

We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.

Commitment to Excellence

At Advocate Muhammad Abduroaf, excellence is not just a goal – it’s our standard. We are committed to providing our clients with the highest quality legal services, characterized by thorough research, meticulous attention to detail, and strategic thinking. Our track record of success speaks for itself, with numerous satisfied clients who have benefited from our dedication to excellence.

Responsive and Accessible

Legal matters can be stressful and overwhelming, so we prioritise responsiveness and accessibility. Our team is readily available to address your questions, concerns, and needs throughout your case. Whether you prefer to communicate via phone, WhatsApp, email, or in-person meetings, we are here to provide you with the support and guidance you need when you need it.

Cost-Effective Solutions

Legal representation shouldn’t break the bank. That’s why we are committed to providing cost-effective solutions that deliver value for our clients. We offer transparent billing practices and strive to minimise unnecessary expenses wherever possible, ensuring you receive top-notch legal services without the hefty price tag.

Ethical and Professional Conduct

Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:

- Tel.: 021 111 0090
- Email.: [email protected]

The Firm: Advocate Muhammad Abduroaf

Trust Account Advocate. Advocate Muhammad Abduroaf is a registered firm with the Legal Practice Council of South Africa. It holds offices in Cape Town. However represents clients all over South Africa. If required, he would travel out to your province to attend to you matter. Advocate Muhammad Abduroaf is a Trust Account practice, which means it may take instructions directly from members of the public. This is compared to referral advocates who may not take instructions directly from members of the public. Advocate Muhammad Abduroaf’s practice allows clients to deposit money into their Trust Account. To do so, it needs to hold a valid fidelity fund certificate, which it does. Advocate Muhammad Abduroaf may appear on its client’s behalf in all courts in the Republic of South Africa. These include the Constitutional Court, the Supreme Court of Appeal, all High Court and magistrates courts in all provinces in South Africa. The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:

High Court matters

Civil claim surrounding money;
Interdicts;
Divorces (Opposed and unopposed);
Child Custody and guardianship disputes;
Relocation of minor children;
Various criminal matters;
Minor children surname changes;
Appeals and Reviews; and
Other matters.

Magistrates Court matters

Civil claim surrounding money;
Various criminal matters;
Interdicts;
Maintenance Court matters;
Divorces Court matters (Opposed and unopposed)’
Children’s Court matter; and
Other matters.

Constitutional Court

Appeals

Supreme Court of Appeal

Appeals and Reviews

Consult with, or Instruct Advocate Muhammad Abduroaf

If you would like to have a legal advice consultation with Advocate Muhammad Abduroaf, feel free to use the Our Lawyer online appointment form by clicking here. Should you already have consulted with Advocate Muhammad Abduroaf and wish to mandate and instruct the firm, kindly proceed with completing the mandate form using this mandate link. We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.

Expertise and Specialisation

Personalised Approach

Commitment to Excellence

Responsive and Accessible

Cost-Effective Solutions

Ethical and Professional Conduct

- Tel.: 021 111 0090
- Email.: [email protected]

The Firm: Advocate Muhammad Abduroaf

High Court matters

Civil claim surrounding money;
Interdicts;
Divorces (Opposed and unopposed);
Child Custody and guardianship disputes;
Relocation of minor children;
Various criminal matters;
Minor children surname changes;
Appeals and Reviews; and
Other matters.

Magistrates Court matters

Civil claim surrounding money;
Various criminal matters;
Interdicts;
Maintenance Court matters;
Divorces Court matters (Opposed and unopposed)’
Children’s Court matter; and
Other matters.

Constitutional Court

Appeals

Supreme Court of Appeal

Appeals and Reviews

Consult with, or Instruct Advocate Muhammad Abduroaf

Posted on 11 February 2025 by Telelaw

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.

Appeals and Reviews Advocate Muhammad Abduroaf South Africa Best

Expertise and Specialisation

Personalised Approach

Commitment to Excellence

Responsive and Accessible

Cost-Effective Solutions

Ethical and Professional Conduct

In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs.

If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:

- Tel.: 021 111 0090
- Email.: [email protected]

The Firm: Advocate Muhammad Abduroaf

Advocate Muhammad Abduroaf’s practice allows clients to deposit money into their Trust Account. To do so, it needs to hold a valid fidelity fund certificate, which it does. Advocate Muhammad Abduroaf may appear on its client’s behalf in all courts in the Republic of South Africa. These include the Constitutional Court, the Supreme Court of Appeal, all High Court and magistrates courts in all provinces in South Africa.

The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:

High Court matters

Civil claim surrounding money;
Interdicts;
Divorces (Opposed and unopposed);
Child Custody and guardianship disputes;
Relocation of minor children;
Various criminal matters;
Minor children surname changes;
Appeals and Reviews; and
Other matters.

Magistrates Court matters

Civil claim surrounding money;
Various criminal matters;
Interdicts;
Maintenance Court matters;
Divorces Court matters (Opposed and unopposed)’
Children’s Court matter; and
Other matters.

Constitutional Court

Appeals

Supreme Court of Appeal

Appeals and Reviews

Consult with, or Instruct Advocate Muhammad Abduroaf

We service clients throughout South Africa. These include:

Cape Town

Rustenburg

Kimberley

East London

Nelspruit

Polokwane

Pietermaritzburg

Bloemfontein

Port Elizabeth

Pretoria

Durban

Johannesburg

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.

Appeals and Reviews Advocate Muhammad Abduroaf South Africa Best

Expertise and Specialisation

Personalised Approach

Commitment to Excellence

Responsive and Accessible

Cost-Effective Solutions

Ethical and Professional Conduct

If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:

- Tel.: 021 111 0090
- Email.: [email protected]

The Firm: Advocate Muhammad Abduroaf

The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:

High Court matters

Civil claim surrounding money;
Interdicts;
Divorces (Opposed and unopposed);
Child Custody and guardianship disputes;
Relocation of minor children;
Various criminal matters;
Minor children surname changes;
Appeals and Reviews; and
Other matters.

Magistrates Court matters

Civil claim surrounding money;
Various criminal matters;
Interdicts;
Maintenance Court matters;
Divorces Court matters (Opposed and unopposed)’
Children’s Court matter; and
Other matters.

Constitutional Court

Appeals

Supreme Court of Appeal

Appeals and Reviews

Consult with, or Instruct Advocate Muhammad Abduroaf

We service clients throughout South Africa. These include:

Cape Town

Rustenburg

Kimberley

East London

Nelspruit

Polokwane

Pietermaritzburg

Bloemfontein

Port Elizabeth

Pretoria

Durban

Johannesburg

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

Family law legal matters can be very stressful. This is so whether you live in Lebowakgomo 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 Lebowakgomo. 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 Lebowakgomo or any other city in South Africa.
What to do before visiting the Lebowakgomo Children’s Court
Before you approach the Children’s Court in Lebowakgomo, 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. Lebowakgomo 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 Lebowakgomo 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 Lebowakgomo Children’s Court
The Lebowakgomo Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Lebowakgomo 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 Lebowakgomo 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 Lebowakgomo.
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 Lebowakgomo Children’s Court
Once you complete the Form A and submit it to the Clerk of the Lebowakgomo 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 Lebowakgomo 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 Lebowakgomo Children’s Court
Once the Lebowakgomo 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 Lebowakgomo 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, Lebowakgomo, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

The Court Order says my minor child’s mother has custody, but my daughter primarily lived with me since she was a toddler. What can I do to legalise the situation? The mother is now demanding that the order now be followed – 5 years later.
[video width="1920" height="1080" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Child-Custody-Visitation-and-Contact.mp4"][/video] At the time of a divorce or separation, the parents of a minor child would usually agree on where the minor child would primarily reside. If they cannot come to an agreement, the Court would make that decision for them. If the parents were never married, one of them may have approached the Court. This is to deal with their parental responsibilities and rights.
Parents not following Court Order
What often happens is a Court would order that one parent has primary care over a minor child, but that specific parent does not take on that responsibility. In other words, the minor child would live primarily with the parent who does not have custody. The parent who has custody would then only occasionally have contact with the minor child. This is so despite the Court Order stating that the minor child should primarily live with him or her. This becomes problematic, as the Court Order says one thing, but the parents are doing the opposite.

Parenting disagreements despite a Court Order

Should the parents come to a disagreement in the future, the parent who has primary care in terms of a Court Order may demand to exercise his or her rights as the primary caregiver. The parent who has primary care in terms of the Court Order may even threaten to take legal action to enforce the Order. This situation may be problematic as the minor child may have been living for a very long time with the non-custodial parent, enrolled in the nearby school, have friends there, etc. This would all be uprooted should the order now be followed many years later. The minor child would have to be enrolled in a new school, and furthermore, the new home may not be adequate for the minor child’s needs.

The Child Custody Court Order and its compliance

Once a Court makes an order, it should be complied with. Nothing less applies in the case of a Court order regarding a minor child. Once the minor child becomes an adult, the order basically falls away, unless they are provisions that still lives on. For example, a provision that states that child maintenance should be paid to the mother until the minor child turns 21 or is self-supporting, and so on. But should the child be a minor (under the age of 18 years old), the parental responsibilities and rights as outlined in the Court order would usually apply. Therefore, unless the Court order lapsed, it needs to be complied with.

What can a parent do under the latter situation?

The first port of call would be to have a look at the Court order and see what it obliges the parents to do in this situation. This can either be facilitation or mediation. If that fails, or no such provision exists, then making an application to the Court to vary the Order would be the appropriate remedy. This basically entails filing a Notice of Motion, attached to it, a Founding Affidavit. The Notice of Motion will state what you want. The Founding Affidavit would state the facts substantiating the relief you are looking for.

The relief sought

The relief a parent may want from the Court would be that a certain clause in the Court Order is varied. It should state that primary care is awarded to the father (or the mother as the case may be). It would further outline what contact rights the parent who had primary care in terms of the order would have. Usually, it would follow what the parties have been exercising in the past.

What would the Court decide regarding custody?

[caption id="attachment_8258" align="alignleft" width="476"]

Child Custody Visitation and Contact[/caption] The Court is the upper guardian of all minor children within its jurisdiction. It, therefore, can override the wishes of the parents. However, the Court has to comply with the Constitution and the Children’s Act. Both pieces of legislation say that the minor child’s best interests must be upheld when it comes to these types of issues. Therefore, the Court would look at all the relevant facts. It would then make a decision as to what is best for the minor child concerned. The Court would look at the Order and whether it has been complied with. Thereafter it would decide whether a change to it would be warranted. The Court is also not obliged to make an order based on what the parents in the case want. It would make a decision as to what it believes is in the minor child’s best interests.

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Posted on 11 February 2025 by Telelaw

Child custody disputes during the Covid-19 pandemic and the Lockdown – What impact did the National Lockdown have on it?
With three months into the national lockdown, no one will dispute that it had a profound effect on all aspects of daily life. The same would apply to marriages, family relations and co-parenting to mention a few. A lot has been written on the topic of the movement of children during the lockdown. At the start of the lockdown, the movement of children was prohibited. The child had to remain with the parent with whom he or she was with at the start of the lockdown. A few weeks into the lockdown, things changed. Children could move between parents if there were a court order, parental rights and responsibilities agreement or parenting plan registered with the office of the family advocate. Later, things further developed where the magistrate’s permit came into play. Read more above the changes to the regulations over time by clicking on this link. You would find an extensive overview of the history of the movement of children during the lockdown.

Have child custody disputes increased three months after the start of the lockdown?

One would be a fool to say that all things are the same three months after the lockdown when it comes to parental problems. At the start of the lockdown, Our Lawyer (Pty) Ltd received a lot of queries regarding regulations concerning the movement of children. This was so especially during the first few weeks. However, looking at various analytics, including the number of queries received on its blogs, and email and telephone queries, it would seem that the numbers have not increased much if any. This is a broad assumption, and not based on any empirical data. Those numbers are in contrast to that of child maintenance disputes which have always been high during the lockdown.

What can be said about this assumed drop in numbers?

Considering the Covid-19 pandemic, and its associated lockdown, children and parents were at home for an extremely long time. Many children are still at home and some parents did not go back to work. Furthermore, many nannies are not there to assist. During times like these, parents would set aside their differences and find common ground. If a parent decided not to allow the other parent contact, it would mean that he or she would have to care for the child the entire day and night for very long periods. This is so as the child would not be attending school and would have to be cared for and entertained the entire day. This is not only exhausting but expensive as well.

Moving forward during the lockdown

Although the economy is slowly spinning its wheels, and children are returning to school, now more than ever, parents must work together for the sake of their children, and their own sake. With jobs being lost and money being scarce, personal differences need to be put aside and the situation needs to be looked at clearly and rationally. It would be hard for a parent to care for a child alone during the lockdown, especially if there is assistance available. Having said that, parents should continue to adequately maintain their children during this period, and ensure that all their basic needs are met.

Posted on 11 February 2025 by Telelaw

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