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Parental Child Abuse in Child Custody Matters

This article is connected to the topic Child Custody and Visitation Court Applications. It may be useful to read up on it before proceeding to read further. Otherwise, read on to find out more about parental child abuse and the legal aspects surrounding it. Parental Child Abuse is a common occurrence in our society. This article does not deal with the merits or demerits of parental child abuse. However, it gives light on this aspect in a child custody case.

What are the common forms of child abuse?

Child abuse can take many forms. This includes physical, emotional, sexual or psychological abuse. Each case may be different. However, the common theme, in a child custody situation would be that the child is being detrimentally affected by the parent’s conduct. Therefore, should a parent beat the child, neglect the child, or cause harm to the child, it would be seen as abuse.

What happens in cases of child abuse?

Of course, in extreme cases of abuse, such parent would be refused contact completely. This is especially in the case where the child would be traumatized should he or she have contact with the parent. However, what often happens, is that a parent would be granted supervised contact to his or her child. This is done to benefit both parent and child.

What to do when your child is being abuse by the other parent?

There are various things you can do to protect your child who is being abused. Those include going to the police, obtaining a protection order, or limiting the other parent’s rights with an order of court.

Should you approach the Domestic Violence Court?

As a parent, you may apply to the domestic violence court for a protection order on behalf of your child. This may be the best route to follow.

What about Court Application limiting parental rights?

Should there be a court order in place, affording a parent parental responsibilities and rights, you can apply to vary it. This would be applicable when supervised contact would be in the minor children’s best interests. The court would listen to both sides, and make a decision.

When should you consult with a lawyer?

Seeing that you are dealing with parental rights and responsibilities, it is best to first try to resolve issues with the other parent. If that does not work, then try mediation. Should that still not work, see a lawyer who would advise you on what would be best for you and your child. If need be, a Court application would have to be launched

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.  
Posted on by Telelaw

What are twenty (20) common legal questions and answers in South Africa?

While legal questions can vary depending on country and circumstances, here are 20 common legal questions and brief answers. Keep in mind that these responses are general and may not cover all aspects of the law. If you have specific legal concerns, it’s always advisable to consult with a qualified attorney or advocate.

  1. What should I do if I’m involved in a car accident?

    • Answer: Ensure everyone is safe, call the police, exchange information with the other party, and document the scene.

  2. How do I create a legally binding contract?

    • Answer: Include offer, acceptance, consideration, legality, capacity, and intention to create legal relations.

  3. What is the process for filing for divorce?

    • Answer: It generally involves filing a Summons, serving the other party, and going through court proceedings.

  4. How can I protect my intellectual property?

    • Answer: Register trademarks, patents, or copyrights depending on the type of intellectual property.

  5. What is the difference between a will and a living will?

    • Answer: A will outlines distribution of assets after death; a living will expresses medical treatment preferences.

  6. How can I start a small business legally?

    • Answer: Register your business, obtain necessary licenses, and comply with tax regulations.

  7. What are my rights if I’m arrested?

    • Answer: You have the right to remain silent, the right to an attorney, and the right to a fair trial.
  8. How does insolvency work?
    • Answer: It generally involves the filing of a Court Application, attending a meeting of creditors, and the discharge of debts.

  9. Can I be fired without cause?

    • Answer: No

  10. What is the process for adopting a child?

    • Answer: It involves an application to the Children’s Court, where an adoption social worker gets involved. The process is outlined in the Children’s Act.

  11. What rights do tenants have?

    • Answer: Rights include the right to a habitable dwelling, privacy, and protection from unlawful eviction.

  12. How do I deal with workplace discrimination?

    • Answer: Document incidents, report to HR, and consult an employment lawyer if necessary.

  13. What steps should I take after being injured in a slip and fall accident?

    • Answer: Seek medical attention, document the scene, and consult with an attorney or advocate.

  14. Can I represent myself in court?

    • Answer: Yes, but it’s often advisable to seek legal representation for complex matters.

  15. What is the process for obtaining a patent?

    • Answer: File a patent application with the relevant patent office.
  16. What age is a child an adult?
    • Answer: 18
  17. Where do I get divorced?
    • Answer: You start the process by issuing a Summons out of the Court.

  18. How can I dispute a traffic ticket?

    • Answer: Follow the procedures outlined on the ticket, gather evidence, and consider consulting with an attorney or advocate.

  19. What rights do I have when stopped by the police?

    • Answer: You have the right to remain silent, the right to refuse searches, and the right to an attorney.

  20. How do I start the process of creating a will?

    • Answer: Consult with an attorney, list your assets, and specify your wishes for distribution. You can also do it on your own if you know what you are doing.

Posted on by Telelaw

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