Contact and care disputes regarding your minor children for the school holidays

The right of the child to spend time with both parents

Resolving care and contact issues out of Court

Parents sitting down with a view of resolving care and contact arrangements before the school holidays

What is the disadvantage of seeking outside help?

Having your care and contact issues formally mediated

• Are both you and the other parent comfortable with the proposed mediator? It is very important that both parties are happy and comfortable with the mediator you will be approaching to assist in resolving your issues;
• Are the fees the mediator charges reasonable and sustainable according to your pockets? Not all mediators charge the same rate. Rates are, of course, based on experience, qualification, location and so on. However, it would not make sense to enlist the services of a mediator where you can only afford a single session. Some issues require two or three sessions, depending on the issues involved. If we are dealing with swopping a weekend, a single session may be appropriate. However, when dealing with something like relocation, maybe three different sittings would be appropriate; and
• Are you happy with the location of the mediator’s office or the use of virtual sessions (e.g. Zoom or Microsoft Teams)? For some, face to face mediation will yield the best results. The parties would be able to meaningfully engage with each other in the same room instead of using phone or computer monitors. However, virtual mediation sessions would be best for some, and they prefer it. They save time on travelling and do not have to take time off work.

Taking your care and contact matters to Court

• First, receive proper advice on the legal issue you have at hand. It is important that you understand the issues involved and your legal recourse. It would be unfortunate if you take your matter to Court but do not understand what you are getting yourself into;
• Know exactly what you want. In other words, what Order do you want the Court to grant you? Is it primary care, shared care or reasonable contact?
• Ensure that you provide your legal representative with all the relevant facts to fight for your case. This would only be possible if the first two points above have been complied with; and
• Make sure that you are always kept abreast of your matter.

How will the Court decide the matter?

COMBINED SUMMONS

• within 10 (TEN) days of the service upon him/her of this summons file with the Registrar of this Court a notice of his/her intention to defend and serve a copy thereof on the Plaintiff’s Attorneys, which notice shall give an address referred to in rule 19(3) for the service upon the Defendant of all notices and pleadings in the action;
• thereafter and within 20 (TWENTY) Court days after filing and serving the notice of intention to defend as aforesaid, file with the Registrar and serve upon the Plaintiff’s Attorneys a plea or exception with or without a claim in reconvention;

PLAINTIFF’S PARTICULARS OF CLAIM

1. The Plaintiff and the Defendant are as described on the face of the Summons.
2. The Defendant and the Plaintiff are domiciled within the area of jurisdiction of this Honourable Court.
3. On 01 January 20___, at Cape Town, Western Cape, the Parties were married to each other In Community of Property and Profit or loss. The marriage still so subsists.
4. Kindly find attached a copy of their marriage certificate marked “A”.
5. There are no minor children born from the marriage.
6. Plaintiff avers that by virtue of the following facts and circumstances the marriage relationship between the Parties has broken down irretrievably and that there is no reasonable prospect for the restoration thereof in that:
   • There is no love and affection; and
   • The Plaintiff no longer wish to be married to the Defendant.

1. A Decree of Divorce;
2. Equal Division of the Joint Estate;
3. Costs, only in the event this action is defended; and
4. Further and / or alternative relief.