How do I obtain contact, custody or visitation to my child? I need some advice and assistance.

advice-child-maintenance-child-custody-divorce Issues of child custody, visitation or guardianship rights are usually difficult for parents to deal with. Parents have an inherent right and duty to form part of their child’s lives. Here we refer to parental rights and responsibilities.  However, it often happens that parents of a child cannot see eye to eye as to what is in their child’s best interests. More often than not, when parents are divorced, separated, or not living together, issues arise regarding the children they share. And then there is the case where parents want full custody over their children. These issues may range from the amount of contact the other parent may have, the school the child may attend, or what extra-mural activities the child should pursue. Either way, should parents not be on the same page, outside help may be required. Read on to find out more about the law, factors and your rights. With some advice, your situation may become easier.

What are Parental Responsibilities and rights to a child?

Know your rights: The terms used to refer to the rights and responsibilities of parents to their children are referred to as “parental responsibilities and rights”. Parental responsibilities and rights are defined in the Children’s Act. Section 18 of the Children’s Act of 38 2005 (the Children’s Act) states the following: 18. (1) A person may have either full or specific parental responsibilities and rights in respect of a child. (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right- (a) to care for the child; (b) to maintain contact with the child; (c) to act as guardian of the child; and (d) to contribute to the maintenance of the child.

When do parents need to enter into a Parenting Plan?

Mediate the issue: Not going into too much detail, all parents of children should by default have certain parental responsibilities and rights to their children. It often happens that parents who are co-holders of parental responsibilities and rights are unable to agree on how their rights should be exercised. Should that happen, then according to section 33 and 34 of the Children’s Act, they should try to agree on a parenting plan. See an expert: Basically, they should see an expert like a social worker, or psychiatrist assist them in resolving the issues they have. As long as the person is suitably qualified, they may make use of their services. They may even approach the Office of the Family Advocate. Should all go well, a parenting plan would be drafted and entered into. This parenting plan may either be registered with the Office of the Family Advocate or made an Order of Court.

When should parents approach the Child Custody Court? High Court or Children’s Court

If parents cannot agree on a parenting plan, then a court may have to be approached. Usually, they would approach the High Court or the Children’s Court in their area of residence. In South Africa, one does not have to make use of legal representation. In other words, you may represent yourself in Court. Many times, you do not have a choice as you cannot afford legal representation. If you can afford legal representation, we advise you to make use of it.

What is the Children’s Court?

Each magisterial area has a children’s court dealing with Children’s matters. The Children’s Court would be best suited for parents who would prefer to conduct their own case. When you approach the children’s court, they provide you with forms to fill in. They would basically assist you with the process. They will issue a summons/notice to the other parent to appear at Court. Many attorneys also make use of the Children’s Court, as opposed to the High Court, when enforcing their client’s parental responsibilities and rights. Purchase a Consultation with us from our Online Shop, by clicking here.

What is the High Court?

advice-child-maintenance-child-custody-divorceEach province has a High Court. The Court procedure in the High Court is much more complicated than that of the Children’s Court. If you can afford an attorney,  and an advocate, they the High Court is another option. Specific documentation needs to be drafted. One is called a Notice of Motion, and the other, a founding Affidavit.

What are the serious parental issues the Court looks at?

There are various pertinent issues the court looks at when deciding how contact or visitation should be exercised. Each case is unique. In this article, we will list factors that may limit the exercising of your parental right of contact or care. They are:

Child Abuse

  • Child abuse has many facets. It is not only physical but psychological and emotional a swell.

Unfit parenting

  •  Not all parents are fit enough to care for a child primarily. This is especially so if there is a history of irresponsible parenting.

Living Conditions

  • The law in no way discriminates against parents based on their living conditions. However, it is a factor to consider in Child Custody Cases.

Psychiatric disorders

  • Psychiatric disorders in many cases play a role in deciding how care and contact should be exercised. If the condition is bad, a court would have to factor it in when making its decision.

How does the Court come to its decision?

advice-child-maintenance-child-custody-divorceThe Court (Children’s Court as well as the High Court) would listen to both parents and any expert appointment. Usually, the expert would provide a report. Many times, they are the office of the family advocate or a state-appointed social worker. After looking at, and hearing everything, the court would make a decision based on what is in the child’s best interest. This article has been updated. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws      

How do I obtain contact, custody or visitation to my child? I need some advice and assistance.

advice-child-maintenance-child-custody-divorce

Issues of child custody, visitation or guardianship rights are usually difficult for parents to deal with. Parents have an inherent right and duty to form part of their child’s lives. Here we refer to parental rights and responsibilities.  However, it often happens that parents of a child cannot see eye to eye as to what is in their child’s best interests. More often than not, when parents are divorced, separated, or not living together, issues arise regarding the children they share. And then there is the case where parents want full custody over their children.

These issues may range from the amount of contact the other parent may have, the school the child may attend, or what extra-mural activities the child should pursue. Either way, should parents not be on the same page, outside help may be required. Read on to find out more about the law, factors and your rights. With some advice, your situation may become easier.

What are Parental Responsibilities and rights to a child?

Know your rights: The terms used to refer to the rights and responsibilities of parents to their children are referred to as “parental responsibilities and rights”. Parental responsibilities and rights are defined in the Children’s Act.

Section 18 of the Children’s Act of 38 2005 (the Children’s Act) states the following:
18. (1) A person may have either full or specific parental responsibilities and rights in respect of a child.
(2) The parental responsibilities and rights that a person may have in respect of a
child, include the responsibility and the right-
(a) to care for the child;
(b) to maintain contact with the child;
(c) to act as guardian of the child; and
(d) to contribute to the maintenance of the child.

When do parents need to enter into a Parenting Plan?

Mediate the issue: Not going into too much detail, all parents of children should by default have certain parental responsibilities and rights to their children. It often happens that parents who are co-holders of parental responsibilities and rights are unable to agree on how their rights should be exercised. Should that happen, then according to section 33 and 34 of the Children’s Act, they should try to agree on a parenting plan.

See an expert: Basically, they should see an expert like a social worker, or psychiatrist assist them in resolving the issues they have. As long as the person is suitably qualified, they may make use of their services. They may even approach the Office of the Family Advocate. Should all go well, a parenting plan would be drafted and entered into. This parenting plan may either be registered with the Office of the Family Advocate or made an Order of Court.

When should parents approach the Child Custody Court? High Court or Children’s Court

If parents cannot agree on a parenting plan, then a court may have to be approached. Usually, they would approach the High Court or the Children’s Court in their area of residence. In South Africa, one does not have to make use of legal representation. In other words, you may represent yourself in Court. Many times, you do not have a choice as you cannot afford legal representation. If you can afford legal representation, we advise you to make use of it.

What is the Children’s Court?

Each magisterial area has a children’s court dealing with Children’s matters. The Children’s Court would be best suited for parents who would prefer to conduct their own case. When you approach the children’s court, they provide you with forms to fill in. They would basically assist you with the process. They will issue a summons/notice to the other parent to appear at Court. Many attorneys also make use of the Children’s Court, as opposed to the High Court, when enforcing their client’s parental responsibilities and rights.

Purchase a Consultation with us from our Online Shop, by clicking here.

What is the High Court?

advice-child-maintenance-child-custody-divorceEach province has a High Court. The Court procedure in the High Court is much more complicated than that of the Children’s Court. If you can afford an attorney,  and an advocate, they the High Court is another option. Specific documentation needs to be drafted. One is called a Notice of Motion, and the other, a founding Affidavit.

What are the serious parental issues the Court looks at?

There are various pertinent issues the court looks at when deciding how contact or visitation should be exercised. Each case is unique. In this article, we will list factors that may limit the exercising of your parental right of contact or care. They are:

Child Abuse

  • Child abuse has many facets. It is not only physical but psychological and emotional a swell.

Unfit parenting

  •  Not all parents are fit enough to care for a child primarily. This is especially so if there is a history of irresponsible parenting.

Living Conditions

  • The law in no way discriminates against parents based on their living conditions. However, it is a factor to consider in Child Custody Cases.

Psychiatric disorders

  • Psychiatric disorders in many cases play a role in deciding how care and contact should be exercised. If the condition is bad, a court would have to factor it in when making its decision.

How does the Court come to its decision?

advice-child-maintenance-child-custody-divorceThe Court (Children’s Court as well as the High Court) would listen to both parents and any expert appointment. Usually, the expert would provide a report. Many times, they are the office of the family advocate or a state-appointed social worker. After looking at, and hearing everything, the court would make a decision based on what is in the child’s best interest.

This article has been updated.

We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well.

Should you require business advice or services, feel free to click on these links:

Business SA | Private Legal | Envirolaws

 

 

 

Related Post

Looking for Family Legal Services in Sea Point – Child Maintenance, Child Custody, Visitation Rights and Divorce

Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Sea Point area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an
online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Sea Point

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Sea Point – Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to: And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:

Child Maintenance

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a p
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

Child Custody

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
  3. How do I get full custody over my child?
  4. Parental Child Abuse in Custody Cases
  5. Relocate with minor child. Parent Refusing Consent for a Passport
  6. Father being refused contact to his child! What are his rights as a Father?
  7. Father’s Parental Responsibilities and Rights to his Child
  8. Urgent Access to your Children without a Lawyer
  9. Parenting Plans and the Law
  10. What happens in a custody dispute where one parent is mentally ill?
  11. How to win your child custody and access court case – Tips and Tricks
  12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Sea Point Are you residing in Sea Point and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Sea Point area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:
  1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
  2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
  3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
  4. We urge potential clients to read their email well as well as the terms and conditions within the email.
  5. Only once payment has been made, will the face to face legal consultation be confirmed.
  6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.
Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Free legal products if you live in Sea Point

Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:
  1. Free Basic Will Tool Kit
  2. Free Shariah Will Template
  3. Free Divorce Starter Tool Kit
  4. Free Child Maintenance Calculator
  5. Free DIY Urgent Child Contact Toolkit
  6. Urgent Holiday Contact Toolkit
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!      

Looking for Family Legal Services in Panorama- Child Maintenance, Child Custody, Visitation Rights and Divorce

Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Panorama area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an
online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Panorama

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Panorama– Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to: And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:

Child Maintenance

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a p
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

Child Custody

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
  3. How do I get full custody over my child?
  4. Parental Child Abuse in Custody Cases
  5. Relocate with minor child. Parent Refusing Consent for a Passport
  6. Father being refused contact to his child! What are his rights as a Father?
  7. Father’s Parental Responsibilities and Rights to his Child
  8. Urgent Access to your Children without a Lawyer
  9. Parenting Plans and the Law
  10. What happens in a custody dispute where one parent is mentally ill?
  11. How to win your child custody and access court case – Tips and Tricks
  12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Panorama

Are you residing in Panorama and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Panorama area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:
  1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
  2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
  3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
  4. We urge potential clients to read their email well as well as the terms and conditions within the email.
  5. Only once payment has been made, will the face to face legal consultation be confirmed.
  6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.
Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Free legal products if you live in Panorama

Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:
  1. Free Basic Will Tool Kit
  2. Free Shariah Will Template
  3. Free Divorce Starter Tool Kit
  4. Free Child Maintenance Calculator
  5. Free DIY Urgent Child Contact Toolkit
  6. Urgent Holiday Contact Toolkit
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!      

Questions and Answers on Wills – Last Wills and Testaments

Do you have any specific question on you last Will and Testament similar to that below? If yes, feel free to post it below.

How do I write a will for free? Is a handwritten will legal? Are handwritten wills legal in Cape Town? Do you have to go to a lawyer to make a will? Can you just write a will and get it notarized? How do I go about making a will for free? What are the requirements to make a will? What is in a simple will? Is a will valid if it is not notarized? What is a holographic will? What is the average cost of making a will? What are the requirements for a valid will? Do wills have to be dated? Is a handwritten will valid in the South Africa? Can family witness a will? Who can be a witness to a will? What is a will when someone dies? What is a legal will? What is the average cost of a simple will? What is the purpose of having a will? How do you sign a will? Is a notarized document a legal document? How much does it cost to do a will? How much does it cost to have a living will? What can I do as a paralegal? How much does it cost to get a power of attorney? Can you be an executor and a witness to a will? Can a notary be a witness to a will? Can I make changes to my will? Is a will signed by a notary legal? Is a handwritten will valid? Do notaries have to witness signatures? Can a family member be a witness on a legal document? Do you have to change your will when you move house? Can you just write a will and get it notarized? Is a document legal if it is not notarized? Do both parties have to be present to have a document notarized? How do you notarize a document? Can I notarize a document already signed? Can you get something notarized online? Do you have to sign divorce papers in front of a notary? What type of notarization is a power of attorney? What is a proof of execution? What is a subscribing witness to a will? What does it mean to be a credible witness? Can a credible witness be named in a signed document? What is an unreliable witness? What is the problem with eyewitness testimony? Why eyewitness testimony is unreliable? What is eyewitness testimony in psychology? What is eyewitness memory in psychology? Why is an eyewitness account valuable? What is a reconstructed memory? What are the effects of misinformation? Why does the misinformation effect occur? What is a repressed memory? Is a handwritten will valid? Is a notarized document a legal document? Is a handwritten contract legally binding? What do you call a person who can notarize? Can you just write a will and get it notarized? What does a contract need to be valid? Can I change my will at any time? Do you need a lawyer to change your will? How do you write a codicil to a will? Can you change a will if you have power of attorney? Can a family member be a witness to a will? Who can be a witness to a will? How do I write a will for free? Do you need a lawyer to write a will? How do I make a will online for free? What is in a simple will? Do wills have to be dated? What is a will that is oral? What does testimonies? What percent of wrongful convictions based on mistaken eyewitness testimony are common? What is motivated forgetting? Do you have to have a will notarized? What are the requirements to make a will? Why do you forget things? How do you forget something? What are the effects of misinformation? Why does the misinformation effect occur? What is a repressed memory? What is a will when someone dies? What is a legal will? What is the average cost of a simple will? What is the purpose of having a will? Why is it important to have a will? What is a joint will? What is a holographic will? What is a will and a trust? Is a handwritten will legal? What is the average cost of making a will? Are online wills valid? How much does it cost to do a will? How much does it cost to have a living will? Do my wife and I need separate wills? Is a document legal if it is not notarized? Is a notarized document a legal document? Where can I get a document notarized for free? Can you get something notarized online? Do wills have to be dated? What is a will that is oral? Can a notary be a witness to a will? Do you need a lawyer to write a will?