FREE DIY ONLINE TOOLS TO GET URGENT CONTACT TO YOUR CHILD DURING THE SCHOOL HOLIDAYS

The end of year holiday season is upon us. This is the time for families to come together and re-establish family bonds. It is also the time of year where many parents who are separated, or not living together, fight over aspects of contact to their children. Often times, a parent would be refused contact to his or her child for no good reason. This is not in the child’s best interests. We believe that children have a right to spend quality time with both his or her parents irrespective of what type of relationship the parents have amongst themselves. This way of thinking aids the minor child’s emotional and psychological development. With regard to how much quality time should a parent receive; this depends on the facts of the case. However, the deciding factor is what is in the child’s best interests. This is what we shall look at next.

The Child’s best interests – Holidays or not

All parents need to conduct themselves in a manner conducive to the child’s best interests. In other words, they need to put their personal issues aside with the other parent and focus on what is best for the child. What often happens, is that one parent tries to punish the other parent by making use of the child. Therefore, they would prefer to alienate a parent from their child and refuse him or her any contact during the holiday season and other times. Often time children are left with a grandparent, aunt or non-relative to care for them whilst the other parent is busy during the holiday season. The child is the one that loses out in the long run. His or her development would be prejudiced, which could lead to serious mental and psychological developmental issues in the future. A child required both parents to bring him or her into the world. And in the same manner, a child requires both parents to live a complete and meaningful life. Having said this, if you are being unreasonably refused contact to your child, and feel that it is not in the best interests of the child, read further, and find out what you can do.

What can you do if you are being refused contact to your child in the Holidays?

We don’t believe in resorting to litigation the moment a dispute regarding child care and contact arises. In other words, going to court at the first sign of trouble, or unreasonableness on the part of the other parent, is not always the best thing to do. Litigation is expensive, time consuming and may not result in the best solution for the parents and the child. Furthermore, you may have to expose the child to being assessed by third parties, which could lead to the child having to make certain choices regarding his or her parents.

Parenting Plans

Sometimes, other professional people should be approached for assistance. Here we are referring to mediators, social workers or psychologists. Parents can meet with these suitably qualified people and try to mediate a parenting plan. A parenting Plan is an agreement between parents outlining their parental responsibilities and rights of care, contact and maintenance in relation to their child. It may include other relevant aspects as well. As the law currently stands, unless it is a matter of urgency, before approaching a court, parents must first try to enter into a parenting plan. If trying to agree to a parenting plan does not get you anywhere, then some legal intervention is needed. This is where you want a court to look into what is in the child’s best interests. A lot has been written on the topic of urgent contact on this website. Here are a few links on the law regarding child contact and Court Applications.

1. The Law Regarding Children – The Children’s Act 38 of 2005
2. How do I get full custody over my child?
3. Parental Child Abuse in Custody Cases
4. Relocate with minor child. Parent Refusing Consent for a Passport
5. Father being refused contact to his child! What are his rights as a Father?
6. Father’s Parental Responsibilities and Rights to his Child
7. Urgent Access to your Children without a Lawyer
8. Parenting Plans and the Law
9. What happens in a custody dispute where one parent is mentally ill?

10. How to win your child custody and access court case – Tips and Tricks

Free DIY online form

Free DIY Toolkit

Free Online Child Contact Application Form

Free DIY Online Divorce Guide and Court documents – High Court, Cape Town, Western Cape

This article deals with uncontested divorces in the Western Cape High Court, Cape Town, for marriage In Community of Property. It further provides legal guidance on doing your divorce, with an online divorce. These free divorce resources relate to divorces in the Western Cape instituted from the High Court. Other courts may follow similar practices. It is suggested that you consult with a legal practitioner before instituting divorce legal proceedings, especially if there are minor children and a large estate involved. If you require assistance or legal represenation in a divorce in any Court in South Africa, feel free to schedule a consultation with using the online form further below.

Online Divorce Form

The online divorce form is provided below to kick start the divorce process. After completing the form, and pressing “submit”, our online system will send you an email with the information you provided, as well with links where you may download the following: A divorce guide in PDF format A Sample Summons in PDF format A Particulars of Claim in PDF Format A notice of Set Down in Word Format  

Marriages ending up in divorce

What is an uncontested divorce?

• The couple agrees beforehand to the terms of the divorce, and then enters into a Settlement Agreement or Consent Paper. One party would then initiate the divorce proceedings, and the other party won’t defend it on the basis of entering into a settlement agreement or consent paper
• The couple are not on friendly terms. One of them institute divorce proceedings and stipulate in the summons what they want. The other party receives the summons and does not have issue with what the other spouse is asking for. The divorce then proceeds as prayed for in the Summons.
• A spouse instituted divorce proceeding and the other spouse defended it. After the lawyers or parties spoke, they came to some type of an agreement. The party then withdrew his defence and the divorce proceeded undefended.

How long does an uncontested divorce take?

• 3 to 5 days to draft the Summons and Settlement Agreement. The Parties requires some time obtain information regarding pension funds, how to divide the join estate and so on.
• A day to issue the summons and about 2 days for it to be served on the Defendant by the Sheriff. A better option is for the Defendant to be served at the office of the Sheriff. In this case, there is no need for the Sheriff to visit the Defendant at his place of work or home.
• 10 working days must then elapse after the summons has been served on the Defendant.
• Once the 10 days has elapsed, the divorce may be set down on the unopposed court roll.
• To set the divorce down on the unopposed roll, you should obtain a date from the Registrar. Usually the date is in a few weeks.

What about the Office of the Family Advocate?

What happens at the divorce Court?

• That you are the Plaintiff and reside in the Western Cape.
• You were married to the defendant on a certain date and place.
• Show the original marriage certificate, or copy to the Court.
• Confirm that there are minor children born from the marriage.
• Tell the Court the reasons for the breakdown of the marriage and why it cannot be saved.
• Ask the court to grant a decree of divorce, and the terms stipulated in the Summons (more specifically, the Particulars of Claim) or the Consent Paper entered into.

I am involved in a Child Custody dispute. How do you find out my rights?

A child custody dispute refers to a legal disagreement between parents or guardians regarding the custody or care of a child. This could involve issues such as where the child will live, visitation rights, and decision-making authority concerning the child’s upbringing. The resolution of child custody disputes is typically guided by the best interests of the child and may involve legal proceedings to determine custody arrangements. Getting Legal Assistance with your child custody dispute

If you require legal assistance or representation with your child custody dispute, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

 

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