How much child maintenance should fathers pay?

At our law offices, we are often confronted with this question which is why we have introduced our child maintenance calculator. This legal product is mostly for our mothers who are unsure of how much child support they should be receiving from the father. Do not despair. We know that all of this can be pretty daunting for the first time fathers learning about child support. With that being said, we have put together some professional, free online legal services for our single fathers. Feel free to click on the following links below for some expert advice:
  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 parent?
  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
Are you interested in any of our legal services? Do feel free to contact our law offices on 021 424 3487 for an online appointment for a professional legal consultation today. Our law offices are situated in the heart of the buzzing CBD at Suite 702, 7th floor, The Pinnacle, Cape Town.

Divorce, child custody, child maintenance, visitation rights – this can all be daunting to the single father!   

We have fathers coming to visit our law offices on a regular basis – asking us: What do we do from here? How do I obtain visitation rights? Am I entitled to child custody? These are the common concerns our single fathers face and therefore, we have put together well thought out, free expert advice articles that can help you put things into perspective. Simply click on the links below: For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!

Parental rights in South Africa

The court can grant an order that can limit parental responsibilities and rights, depending on the nature or circumstance of the matter of course. However, when the court does make these changes, they will consider what’s in the child’s best interests. When terminating parental responsibilities and rights, the court will:
  • What is best for the child rather than parents
  • The relationship between the child and guardian
  • The dedication the guardian has shown to taking care of the child and
  • Other factors that may be relevant to the court.
For more on your parental rights and child custody legal advice, call our law offices today and have an online appointment made for you for a professional legal consultation. Connect with us today!

Our Family Law Clients

We firmly believe in family relations and the need to protect and enforce it when necessary. Therefore, proper legal advice must always be provided. This we strive to ensure. Although we are based in Cape Town, we offer legal advice and legal services to clients throughout South Africa. This we do as we believe in providing high-quality legal services to everyone who requires it.

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option). You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today. 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. Should you require any other legal services and advice, not related to family law, visit Private Legal.
Advocate of the High Court of South Africa

High Court Advocate Cape Town Western Cape

Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more. Visit our child custody and maintenance site for additional information. advice-child-maintenance-child-custody-divorce
Print Friendly, PDF & Email

How much child maintenance should fathers pay?

At our law offices, we are often confronted with this question which is why we have introduced our child maintenance calculator. This legal product is mostly for our mothers who are unsure of how much child support they should be receiving from the father. Do not despair. We know that all of this can be pretty daunting for the first time fathers learning about child support. With that being said, we have put together some professional, free online legal services for our single fathers.

Feel free to click on the following links below for some expert advice:

  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 parent?
  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

Are you interested in any of our legal services? Do feel free to contact our law offices on 021 424 3487 for an online appointment for a professional legal consultation today. Our law offices are situated in the heart of the buzzing CBD at Suite 702, 7th floor, The Pinnacle, Cape Town.

Divorce, child custody, child maintenance, visitation rights – this can all be daunting to the single father!   

We have fathers coming to visit our law offices on a regular basis – asking us: What do we do from here? How do I obtain visitation rights? Am I entitled to child custody?

These are the common concerns our single fathers face and therefore, we have put together well thought out, free expert advice articles that can help you put things into perspective. Simply click on the links below:

For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!

Parental rights in South Africa

The court can grant an order that can limit parental responsibilities and rights, depending on the nature or circumstance of the matter of course. However, when the court does make these changes, they will consider what’s in the child’s best interests.

When terminating parental responsibilities and rights, the court will:

  • What is best for the child rather than parents
  • The relationship between the child and guardian
  • The dedication the guardian has shown to taking care of the child and
  • Other factors that may be relevant to the court.

For more on your parental rights and child custody legal advice, call our law offices today and have an online appointment made for you for a professional legal consultation. Connect with us today!

Our Family Law Clients

We firmly believe in family relations and the need to protect and enforce it when necessary. Therefore, proper legal advice must always be provided. This we strive to ensure. Although we are based in Cape Town, we offer legal advice and legal services to clients throughout South Africa. This we do as we believe in providing high-quality legal services to everyone who requires it.

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option).
You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today.

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. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Advocate of the High Court of South Africa

High Court Advocate Cape Town Western Cape

Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more.

Visit our child custody and maintenance site for additional information.

advice-child-maintenance-child-custody-divorce

Print Friendly, PDF & Email

Related Post

[caption id="attachment_10841" align="alignnone" width="687"]Relocation consent Court Order for minor child to the United Kingdom - UK - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to the United Kingdom – UK – Advocate Muhammad Abduroaf[/caption]

I want to relocate from South Africa to the United Kingdom with my minor child. The other parent does not want my child to relocate to the United Kingdom. What can I do?

The United Kingdom is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to the United Kingdom, if a minor child will be joining that parent and also relocating to the United Kingdom, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to the United Kingdom. Before we do so, let us list the various cities and towns in the United Kingdom to which you may want to relocate: England, Bath and North East Somerset (unitary authority), Bedford (unitary authority), Bedford (city), Blackburn with Darwen (unitary authority), Blackpool (town and unitary authority), Bournemouth (town and unitary authority), Bracknell Forest (unitary authority), Sandhurst (town), Brighton and Hove (unitary authority), Brighton (town and urban area), Hove (town and urban area), Bristol (city and unitary authority), Buckinghamshire (county), Aylesbury Vale (district), Aylesbury (town), Chiltern (district), Amersham (town), Chalfont St. Giles (town), South Bucks (district), Beaconsfield (town), Stoke Poges (town), Wycombe (district), High Wycombe (town and urban area), Marlow (town), Cambridgeshire (county), East Cambridgeshire (district), Ely (town), Fenland (district), Wisbech (town), Huntingdonshire (district), Huntingdon (town), Ramsey (town), St. Ives (town), South Cambridgeshire (district), Cambridge (city and district), Central Bedfordshire (unitary authority), Ampthill (town), Dunstable (town), Cheshire East (unitary authority), Congleton (town), Crewe (town), Knutsford (town), Macclesfield (town), Nantwich (town), Cheshire West and Chester (unitary authority), Chester (urban area), Northwich (town), Cornwall (unitary authority), Bodmin (town), Falmouth (town), Fowey (town), Helston (town), Launceston (town), Looe (town), Lostwithiel (town), Newquay (town), Penryn (town), Penzance (town), St. Austell (town), Saltash (town), Tintagel (village), Truro (city), Cumbria (county), Allerdale (district), Cockermouth (town), Keswick (town), Workington (town), Barrow-in-Furness (town and district), Carlisle (urban area, city and district), Copeland (district), Whitehaven (town), Eden (district), Penrith (town), South Lakeland (district), Grasmere (village), Kendal (town), Darlington (town and unitary authority), Derby (city and unitary authority), Derbyshire (county), Amber Valley (district), Belper (town), Bolsover (town and district), Chesterfield (town and district), Derbyshire Dales (district), Ashbourne (town), Matlock (town), Erewash (district), High Peak (district), Buxton, North East Derbyshire (district), South Derbyshire (district), Repton (village), Devon (county), East Devon (district), Axminster (town), Exmouth (town), Sidmouth (town), Exeter (city and district), Mid Devon (district), Crediton (town), North Devon (district), Barnstaple (town), Lynton and Lynmouth (town), South Hams (district), Dartmouth (town), Totnes (town), Teignbridge (district), Ashburton (town), Dawlish (town), Newton Abbot (town), Teignmouth (town), Torridge (district), Bideford (town), West Devon (district), Okehampton (town), Dorset (county), Christchurch (town and district), East Dorset (district), Wimborne Minster (town), North Dorset (district), Purbeck (district), Corfe Castle (village), West Dorset (district), Dorchester (town), Lyme Regis (town), Weymouth and Portland (district), Durham (unitary authority), Barnard Castle (town), Chester-le-Street (town), Durham (urban area), East Riding of Yorkshire (unitary authority), Beverley (town), Goole (town), East Sussex (county), Eastbourne (district), Hastings (district), Lewes (district), Lewes (town), Newhaven (town), Rother (district), Battle (town), Bexhill (town), Rye (town), Winchelsea (village), Wealden (district), Crowborough (town), Herstmonceux (village), Pevensey (village), Essex (county), Basildon (district), Braintree (town and district), Brentwood (town and district), Castle Point (district), Chelmsford (town and district), Colchester (town and district), Epping Forest (district), Chigwell (town), Harlow (town and district), Maldon (town and district), Burnham-on-Crouch (town), Rochford (district), Tendring (district), Harwich (town), Uttlesford (district), Saffron Walden (town), Gloucestershire (county), Cheltenham (town and district), Cotswold (district), Cirencester (town), Forest of Dean (district), Gloucester (city and district), Stroud (town and district), Tewkesbury (district), Tewkesbury (town), Winchcombe (village), Greater London (metropolitan county; See also London), Inner London, Camden (borough), Bloomsbury (neighbourhood), City of London (borough), Smithfield (area), City of Westminster (borough), Charing Cross (locality), St. Marylebone (neighbourhood), Soho (neighbourhood), Hackney (borough), Hammersmith and Fulham (borough), Haringey (borough), Islington (borough), Clerkenwell (neighbourhood), Kensington and Chelsea (borough), Lambeth (borough), Vauxhall (neighbourhood), Lewisham (borough), Newham (borough), Southwark (borough), Dulwich (neighbourhood), Tower Hamlets (borough), Limehouse (neighbourhood), Wandsworth (borough), Battersea (neighbourhood), Outer London, Barking and Dagenham (borough), Barnet (borough), Bexley (borough), Brent (borough), Bromley (borough), Croydon (borough), Ealing (borough), Enfield (borough), Greenwich (borough), Woolwich (town), Harrow (borough), Havering (borough), Hillingdon (borough), Hounslow (borough), Kingston upon Thames (borough), Merton (borough), Wimbledon (neighbourhood), Redbridge (borough), Richmond upon Thames (borough), Teddington (neighbourhood), Sutton (borough), Waltham Forest (borough), Greater Manchester (metropolitan county), Bolton (town and metropolitan borough), Bury (town and metropolitan borough), Manchester (city and metropolitan borough), Oldham (urban area and metropolitan borough), Rochdale (town and metropolitan borough), Salford (city and metropolitan borough), Stockport (urban area and metropolitan borough), Tameside (metropolitan borough), Trafford (metropolitan borough), Wigan (town and metropolitan borough), Atherton (town and urban area), Halton (unitary authority), Runcorn (town), Widnes (town), Hampshire (county), Basingstoke and Deane (district), Silchester (village), East Hampshire (district), Alton (town), Eastleigh (town and district), Fareham (town and district), Gosport (town and district), Hart (district), Havant (town and district), New Forest (district), Rushmoor (district), Test Valley (district), Andover (town), Romsey (town), Winchester (town and district), Hartlepool (town and unitary authority), Herefordshire (unitary authority), Hereford (city), Leominster (town), Ross-on-Wye (town), Hertfordshire (county), Broxbourne (district), Dacorum (district), Berkhamsted (town), Hemel Hempstead (town and urban area), East Hertfordshire (district), Bishop’s Stortford (town), Hertford (town), Ware (town), Hertsmere (district), North Hertfordshire (district), Letchworth (town), St. Albans (town and district), Stevenage (town and district), Three Rivers (district), Watford (town and district), Welwyn Hatfield (district), Hatfield (town), Welwyn Garden City (town and urban area), Isle of Wight (unitary authority), Carisbrooke (village), Cowes (town), Freshwater (town), Newport (town), Ryde (town), Ventnor (town), Isles of Scilly (independent administrative unit), Hugh Town (village), Kent (county), Ashford (town and district), Canterbury (town and district), Herne Bay (town), Whitstable (town), Dartford (town and district), Dover (district), Deal (town), Dover (town), Sandwich (town), Gravesham (district), Gravesend (town), Maidstone (town and district), Sevenoaks (district), Edenbridge (town), Shepway (district), Folkestone (town), Hythe (town), Lydd (town), New Romney (town), Swale (district), Faversham (town), Thanet (district), Broadstairs and St. Peter’s (town), Margate (town), Ramsgate (town), Tonbridge and Malling (district), Tunbridge Wells (town and district), Royal Tunbridge Wells (town), Kingston upon Hull (city and unitary authority), Lancashire (county), Burnley (town and district), Chorley (town and district), Fylde (district), Hyndburn (district), Lancaster (urban area and district), Pendle (district), Preston (city and district), Walton-le-Dale (neighbourhood), Ribble Valley (district), Rossendale (district), South Ribble (district), West Lancashire (district), Skelmersdale (town), Wyre (district), Leicester (city and unitary authority), Leicestershire (county), Blaby (district), Charnwood (district), Loughborough (town), Harborough (district), Market Harborough (town), Hinckley and Bosworth (district), Melton (district), North West Leicestershire (district), Oadby and Wigston (district), Lincolnshire (county), Boston (town and district), East Lindsey (district), Lincoln (district), North Kesteven (district), South Kesteven (district), Grantham (town), Stamford (town), South Holland (district), Crowland (village), West Lindsey (district), Gainsborough (town), Luton (town and unitary authority), Medway (unitary authority), Chatham (town), Gillingham (town), Rochester (town), Merseyside (metropolitan county), Knowsley (metropolitan borough), Huyton (former town), Liverpool (city and metropolitan borough), St. Helens (urban area and metropolitan borough), Sefton (metropolitan borough), Southport (town), Wirral (metropolitan borough), Birkenhead (town and urban area), Middlesbrough (town and unitary authority), Milton Keynes (town and unitary authority), Norfolk (county), Breckland (district), East Dereham (town), Thetford (town), Broadland (district), Great Yarmouth (town and district), King’s Lynn and West Norfolk (district), Castle Rising (village), King’s Lynn (town), Sandringham (village), North Norfolk (district), Norwich (city and district), South Norfolk (district), North East Lincolnshire (unitary authority), Cleethorpes (town and urban area), Grimsby (town), North Lincolnshire (unitary authority), Scunthorpe (town and urban area), North Somerset (unitary authority), Weston-super-Mare (town), North Yorkshire (county), Craven (district), Hambleton (district), Northallerton (town), Harrogate (town and district), Knaresborough (town), Ripon (city), Richmondshire (district), Richmond (town), Ryedale (district), Malton (town), Scarborough (town and district), Whitby (town), Selby (town and district), Northamptonshire (county), Corby (town and district), Daventry (town and district), East Northamptonshire (district), Oundle (town), Kettering (district), Northampton (town and district), South Northamptonshire (district), Wellingborough (town and district), Northumberland (unitary authority), Bamburgh (village), Bedlington (town), Cramlington (town), Hexham (town), Morpeth (town), Warkworth (village), Nottingham (city and unitary authority), Nottinghamshire (county), Ashfield (district), Bassetlaw (district), Worksop (town), Broxtowe (district), Beeston and Stapleford (urban area), Gedling (district), Mansfield (town and district), Newark and Sherwood (district), Newark-on-Trent (town), Rushcliffe (district), West Bridgford (town), Oxfordshire (county), Cherwell (district), Banbury (town), Bicester (town), Oxford (city and district), South Oxfordshire (district), Henley-on-Thames (town), Vale of White Horse (district), Wantage (town), West Oxfordshire (district), Burford (town), Peterborough (city and unitary authority), Plymouth (city and unitary authority), Poole (town and unitary authority), Portsmouth (city and unitary authority), Reading (town and unitary authority), Redcar and Cleveland (unitary authority), Rutland (unitary authority), Uppingham (town), Shropshire (unitary authority), Bridgnorth (town), Ludlow (town), Much Wenlock (town), Oswestry (town), Shrewsbury (town), Stokesay (village), Slough (town and unitary authority), Somerset (county), Mendip (district), Glastonbury (town), Wells (city), Sedgemoor (district), Bridgwater (town), Cheddar (village), South Somerset (district), Ilchester (town), Langport (town), Taunton Deane (district), Taunton (town), Wellington (town), West Somerset (district), Dunster (town), Minehead (town), South Gloucestershire (unitary authority), Badminton (village), Kingswood (urbanized area), South Yorkshire (metropolitan county), Barnsley (town and metropolitan borough), Doncaster (town and metropolitan borough), Adwick le Street (town), Rotherham (town and metropolitan borough), Sheffield (town, city, and metropolitan borough), Southampton (city and unitary authority), Southend-on-Sea (town and unitary authority), Staffordshire (county), Cannock Chase (district), East Staffordshire (district), Burton upon Trent (town and urban area), Lichfield (city and district), Newcastle-under-Lyme (town and district), South Staffordshire (district), Stafford (town and district), Staffordshire Moorlands (district), Tamworth (district), Stockton-on-Tees (town and unitary authority), Stoke-on-Trent (city and unitary authority), Suffolk (county), Babergh (district), Sudbury (town), Forest Heath (district), Mildenhall (town), Newmarket (town), Ipswich (town and district), Mid Suffolk (district), St. Edmundsbury (district), Bury St. Edmunds (town), Suffolk Coastal (district), Dunwich (village), Felixstowe (town), Woodbridge (town), Waveney (district), Beccles (town), Lowestoft (town), Surrey (county), Elmbridge (district), Epsom and Ewell (district), Guildford (town and district), Mole Valley (district), Dorking (town), Reigate and Banstead (district), Runnymede (district), Spelthorne (district), Staines (town and urban area), Surrey Heath (district), Tandridge (district), Waverley (district), Haslemere (town), Woking (district), Swindon (town and unitary authority), Telford and Wrekin (unitary authority), Telford (town and urban area), Thurrock (town and unitary authority), Tilbury (town), Torbay (unitary authority), Brixham (town), Tyne and Wear (metropolitan county), Gateshead (town and metropolitan borough), Felling (ward), Newcastle upon Tyne (city and metropolitan borough), Newburn (neighbourhood), North Tyneside (metropolitan borough), Wallsend (town), South Tyneside (metropolitan borough), Jarrow (town and urban area), South Shields (town), Sunderland (town and metropolitan borough), Washington (town), Warrington (city and unitary authority), Warwickshire (county), North Warwickshire (district), Nuneaton and Bedworth (district), Bedworth (town), Rugby (town and district), Stratford-on-Avon (district), Warwick (district), Royal Leamington Spa (town), Warwick (town), West Berkshire (unitary authority), Newbury (town), West Midlands (metropolitan county), Birmingham (city and metropolitan borough), Coventry (city and metropolitan borough), Dudley (metropolitan borough), Sandwell (metropolitan borough), West Bromwich (locality), Solihull (metropolitan borough), Walsall (metropolitan borough), Wolverhampton (metropolitan borough), West Sussex (county), Adur (district), Shoreham-by-Sea (town), Arun (district), Arundel (town), Bognor Regis (town), Chichester (district), Petworth (town), Crawley (town and district), Horsham (town and district), Mid Sussex (district), East Grinstead (town), Worthing (district), West Yorkshire (metropolitan county), Bradford (urban area, city, and metropolitan borough), Haworth (town), Keighley (town), Saltaire (village), Calderdale (metropolitan borough), Halifax (town and urban area), Todmorden (town), Kirklees (metropolitan borough), Dewsbury (town), Huddersfield (town and urban area), Leeds (urban area, city, and metropolitan borough), Wakefield (urban area, city, and metropolitan borough), Pontefract (town), Wiltshire (county), Amesbury (town), Bradford-on-Avon (town), Chippenham (town), Cricklade (town), Devizes (town), Malmesbury (town), Marlborough (town), Salisbury (city), Trowbridge (town), Westbury (town), Wilton (town), Windsor and Maidenhead (unitary authority), Ascot (locality), Bray (town), Eton (town), Maidenhead (town), Windsor (town and urban area), Wokingham (town and unitary authority), Worcestershire (county), Bromsgrove (district), Malvern Hills (town and district), Great Malvern (town), Redditch (town and district), Worcester (city and district), Wychavon (district), Broadway (village), Droitwich (town), Evesham (town), Wyre Forest (district), Kidderminster (town), York (city and unitary authority), Northern Ireland, Antrim and Newtownabbey (district), Antrim (town), Newtownabbey (district), Ards and North Down (district), Newtownards (town), Bangor (town), Armagh, Banbridge, and Craigavon (district), Armagh (city), Banbridge (town), Dromore (town), Craigavon (town), Lurgan (town), Belfast (city and district), Stormont (locality), Causeway Coast and Glens (district), Ballycastle (town), Ballymoney (town), Coleraine (town), Portrush (town), Limavady (town), Derry and Strabane (district), Londonderry (city), Strabane (town), Fermanagh and Omagh (district), Enniskillen (town), Omagh (town), Lisburn and Castlereagh (district), Lisburn (town), Mid and East Antrim (district), Ballymena (town), Carrickfergus (town), Larne (town), Mid Ulster (district), Cookstown (town), Dungannon (town), Magherafelt (town), Newry, Mourne, and Down (district), Downpatrick (town), Kilkeel (town), Newcastle (town), Newry (town), Scotland, Aberdeen (city and council area), Aberdeenshire (council area), Banff (town), Braemar (village), Cruden Bay (village), Peterhead (town), St. Fergus (village), Angus (council area), Arbroath (town), Brechin (town), Forfar (town), Glamis (village), Montrose (town), Argyll and Bute (council area), Campbeltown (town), Dunoon (town), Inveraray (town), Lochgilphead (town), Rothesay (town), Tarbert (village), Clackmannanshire (council area), Dumfries and Galloway (council area), Dumfries (town), Gretna Green (village), Kirkcudbright (town), Lochmaben (town), Whithorn (town), Dundee (city and council area), East Ayrshire (council area), Cumnock (town), Kilmarnock (town), Mauchline (village), East Dunbartonshire (council area), Kirkintilloch (town), Milngavie (town), East Lothian (council area), Dunbar (town), Haddington (town), East Renfrewshire (council area), Edinburgh (city and council area), Leith (port), Falkirk (council area), Falkirk (town), Grangemouth (town), Fife (council area), Buckhaven (town), Culross (town), Cupar (town), Dunfermline (city), Glenrothes (town), Kirkcaldy (town), Rosyth (town), St. Andrews (city), Glasgow (city and independent council area), Highland (council area), Alness (village), Cawdor (village), Cromarty (town), Fort William (town), Invergordon (town), Inverness (town), John o’Groats (village), Nigg (village), Thurso (town), Wick (town), Inverclyde (council area), Greenock (town), Midlothian (council area), Dalkeith (town), Moray (council area), Elgin (town), Forres (town), Lossiemouth (town), North Ayrshire (council area), Irvine (town), North Lanarkshire (council area), Coatbridge (town), Cumbernauld (town), Motherwell and Wishaw (urban area), Orkney Islands (council area), Kirkwall (town), Perth and Kinross (council area), Dunkeld (city), Kinross (town), Perth (city), Scone (village), Renfrewshire (council area), Paisley (town), Renfrew (town), Scottish Borders (council area), Coldstream (town), Duns (town), Galashiels (town), Hawick (town), Jedburgh (town), Kelso (town), Melrose (town), Newtown St. Boswells (village), Peebles (town), Selkirk (town), Shetland Islands (council area), Lerwick (town), Sullom Voe (locality), South Ayrshire (council area), Ayr (town), Alloway (suburb), Prestwick (town), South Lanarkshire (council area), East Kilbride (town), Hamilton (town), Lanark (town), Stirling (council area), Balquhidder (village), Bannockburn (town), Callander (town), Stirling (town), West Dunbartonshire (council area), Clydebank (town), Dumbarton (town), West Lothian (council area), Linlithgow (town), Livingston (town), Western Isles (council area), Stornoway (town), Wales, Blaenau Gwent (county borough), Abertillery (town), Ebbw Vale (town and urban area), Bridgend (county borough), Bridgend (town and urban area), Porthcawl (town), Caerphilly (county borough), Caerphilly (town and urban area), Gelligaer (town), Cardiff (city and county borough), Llandaff (former town, neighborhood), Carmarthenshire (county), Carmarthen (town), Llanelli (town and urban area), Ceredigion (county), Aberystwyth (town), Cardigan (town), Conwy (county borough), Colwyn Bay (town and urban area), Conwy (town), Llandudno (town), Denbighshire (county), Denbigh (town), Rhyl (town), St. Asaph (village), Flintshire (county), Hawarden (town), Holywell (town), Gwynedd (county), Bala (town), Bangor (city), Caernarfon (town), Harlech (village), Isle of Anglesey (county), Holyhead (town), Llangefni (town), Merthyr Tydfil (town and county borough), Monmouthshire (county), Abergavenny (town), Chepstow (town), Monmouth (town), Usk (town), Neath Port Talbot (county borough), Margam (locality), Neath (town and urban area), Pontardawe (town), Port Talbot (town and urban area), Newport (town and county borough), Caerleon (town), Pembrokeshire (county), Haverfordwest (town), Milford Haven (town), Pembroke (urbanized area), St. David’s (city), Tenby (town), Powys (county), Brecon (town), Builth Wells (town), Llandrindod Wells (town), Montgomery (town), Newtown (town), Welshpool (town), Rhondda Cynon Taf (county borough), Aberdare (town), Hirwaun (village), Llantrisant (town), Mountain Ash (town), Pontypridd (town), Swansea (county), Swansea (city), Torfaen (county borough), Cwmbrân (town and urban area), Pontypool (town and urban area), Vale of Glamorgan (county), Barry (town), Cowbridge (town), Llantwit Major (town), Wrexham (county borough). (https://www.britannica.com/topic/list-of-cities-and-towns-in-the-United-Kingdom-2034188)  

Why do I require the other parent’s Consent to relocate to the United Kingdom?

According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to the United Kingdom. Here we refer to section 18 of the Children’s Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights  (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.  (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must-  (a) administer and safeguard the child’s property and property interests;  (b) assist or represent the child in administrative, contractual and other legal matters; or  (c) give or refuse any consent required by law in respect of the child, including-  (i) consent to the child’s marriage;  (ii) consent to the child’s adoption;  (iii) consent to the child’s departure or removal from the Republic;  (iv) consent to the child’s application for a passport; and  (v) consent to the alienation or encumbrance of any immovable property of the child.  (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the Consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Now let us explain what Parental Responsibilities and Rights are.

What are Parental Responsibilities and Rights of a parent in relation to a child?

As can be seen from section 18(2) of the Children’s Act, when we refer to Parental Responsibilities and Rights, we refer to the following: (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. Therefore, if a parent has parental responsibilities and rights over a minor child, and accordingly, rights of guardianship, their Consent is required when it comes to issues of guardianship. As seen from section 18(3)(c) of the Children’s Act above, both parents’ Consent is required should a minor child depart from the Republic of South Africa. In this case, to emigrate to the United Kingdom. Even if the minor child only wants to go for a short holiday to the United Kingdom, both guardians’ Consent would be required.

When would the other parent be seen as a guardian in the case of a relocation matter to the United Kingdom?

It must be noted that not all parents are legal guardians over their minor children. We should therefore distinguish between married or divorced parents and parents who were never married. As you would see below, usually married, or divorced parents’ Consent would be required for a minor child to relocate or emigrate to the United Kingdom. However, that does not automatically apply to parents who were never married. This could be because the child could have been born from a brief encounter and never met his or her father. It would not make sense that a parent who never met his or her 15-year-old child, should give Consent for relocation to the United Kingdom.

Mother’s Consent for relocation of the minor child to the United Kingdom

Section 19 of the Children’s Act deals with the Parental responsibilities and rights of mothers. It states the following: 19 Parental responsibilities and rights of mothers  (1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child.  (2) If-  (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and  (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child.  (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement. As seen from section 19(1) of the Children’s Act, in most cases involving the relocation of a minor child to the United Kingdom, the mother’s Consent is required as she has full parental responsibilities and rights over the minor child.

Married father’s Consent for the relocation of the minor child to the United Kingdom

Section 20 of the Children’s Act deals with Parental responsibilities and rights of married fathers. It states the following: 20 Parental responsibilities and rights of married fathers The biological father of a child has full parental responsibilities and rights in respect of the child- (a) if he is married to the child’s mother; or (b) if he was married to the child’s mother at (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth. As can be seen from sections 20 (a) and (b) of the Children’s Act, if the father and the mother were married, or are married, then his Consent is required for the minor child to relocate to the United Kingdom. Of course, an exception to this would be should a court of law order otherwise. This would be the case should the parents be divorced and the divorce court ordered that only the mother may act as guardian. Next, we deal with the issue of an unmarried father’s Consent to relocate a minor child to the United Kingdom.

Consent of unmarried fathers for the relocation of their minor children to the United Kingdom.

Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. The section states the following: 21 Parental responsibilities and rights of unmarried fathers  (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child-  (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or  (b) if he, regardless of whether he has lived or is living with the mother-  (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law;  (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and  (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.  (2) This section does not affect the duty of a father to contribute towards the maintenance of the child.  (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person.  (b) Any party to the mediation may have the outcome  of the mediation reviewed by a court.  (4) This section applies regardless of whether the child was born before or after the commencement of this Act. As can be seen from the latter sections, a father of a child born out of wedlock does not automatically have parental responsibilities and rights over his minor child. He may however acquire those parental responsibilities and rights over his minor child if he is materially involved in the child’s life. That would be where the father and the mother were in a permanent life partnership when the child was born or he is meaningfully involved in the child’s life, as outlined above. We shall not go into much detail regarding that. However, in most cases, if the father had regular contact with the child and paid child support, he would have acquired parental responsibilities and rights over the minor child.

What do you do if the other parent does not want to consent to the minor child relocating to the United Kingdom?

Suppose the other parent also has parental responsibilities and rights over the minor child, and he or she does not want to consent to the relocation of the minor child to the United Kingdom, then in such a case, the Court needs to be approached. Here I refer you back to section 18(5) of the Children’s Act referred to above where it states: (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Therefore, after your Court Application has been launched an both sides have been heard, the Court would make the necessary Order. If you are successful in your application for the relocation of your minor children to the United Kingdom, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10840" align="alignnone" width="658"]Relocation consent Court Order for minor child to the United Kingdom - UK - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to the United Kingdom – UK – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10841" align="alignnone" width="678"]Relocation consent Court Order for minor child to the United Kingdom - UK - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to the United Kingdom – UK – Advocate Muhammad Abduroaf[/caption]

Grandparent, Grandchildren, and the Law – Child Custody, Care and Guardianship

The caregiving of minor children is in principle, supposed to be the joint responsibility of both parents. It took two parents to bring the child into this world. However, equal sharing of the responsibilities is not always the case. Often, in a case of separation, responsibilities changes. The child lives primarily with one parent, and the other parent has reasonable contact, or sometimes less or none. In the scenario of reasonable contact, the child is still cared for by both parents, but not equally. Read on more to find out what does
Advocate Muhammad Abduroaf say about this topic.

Equal caregiving of children

There are however cases where caregiving is shared equally – where the child lives for one week with the mother and the other with the father. But that becomes sometimes impractical when the parents live far from each other, and have different work schedules etc. If the child attends school closer to one parent’s home, he would have to wake up at different times each week, have different parents assist them with school work etc. However, if it can work, and is in the best interests of the child, it should be implemented.

Rights to third parties to minor children

But what happens when a third party, being a relative or otherwise, wants to have contact, care and guardianship over a minor child while one or both the parents are alive? We are not dealing with the issue of adoption – which is a completely different topic – but with the issue of whether other persons can also have rights to contact to a child. It is, however, safe to say that the parents’ rights of contact, custody and so on, would be limited to a certain extent.

Assignment of rights to grandparents

For the purposes of this article, you may ask yourself: Can grandparents be the caregivers of the child? Is this possible and does the law accommodate for a situation where non-biological parents have such rights? You will see below that the law does indeed allow for such a situation. Considering the title of this legal article, we will explore the scenario where maternal grandparents want to have primary care of a minor child after their daughter passed on in a case of a living father. The law mentioned can be applied to any scenario in which third parties are interested in having such rights assigned to the minor child. You may find the following articles interesting:
  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

What law do we look at?

Well, first of all, we should always look at what is stated in the Constitution, Act 108 of 1996. The Constitution is supreme law in South Africa. What it says, is that a child’s best interests are of paramount importance in all matters concerning a child. This is something we already know. Then we look at legislation subordinate to the Constitution. In this case, we look at the Children’s Act 38 of 2005. This is where we are going to get our answers from.

The Children’s Act 38 of 2005

The Children’s Act is the main piece of legislation dealing with matters concerning children. Section 2 of the Children’s Act deals with its objective. Reading it would give you some type of understanding regarding the Act. It is quoted as follows: “2     Objects of Act   The objects of this Act are-   (a) to promote the preservation and strengthening of families;   (b) to give effect to the following constitutional rights of children, namely-            (i)     family care or parental care or appropriate alternative care when removed from the family environment;            (ii)     social services;            (iii)     protection from maltreatment, neglect, abuse or degradation; and            (iv)     that the best interests of a child are of paramount importance in every matter concerning the child;   (c) to give effect to the Republic’s obligations concerning the well-being of children in terms of international instruments binding on the Republic;   (d) to make provision for structures, services and means for promoting and monitoring the sound physical, psychological, intellectual, emotional and social development of children;   (e) to strengthen and develop community structures which can assist in providing care and protection for children;  (f) to protect children from discrimination, exploitation and any other physical, emotional or moral harm or hazards;  (g) to provide care and protection to children who are in need of care and protection;  (h) to recognise the special needs that children with disabilities may have; and  (i) generally, to promote the protection, development and well-being of children.”  As you can see, the Children’s Act’s object is very extensive, focused solely in the interests of the child. Now let us look at what does it say about the best interests of a child. [caption id="attachment_5104" align="alignleft" width="208"]Family Law Services, Cape Town, Child Maintenance, Custody Divorce Make an Appointment with us Online[/caption] [caption id="attachment_5103" align="alignleft" width="203"]Family Law Services, Cape Town, Child Maintenance, Custody Divorce View our Family Law Services[/caption]

Best interests of a child

So what is meant by: “the child’s best interests”? Let’s go one step further and by detecting this in our legislation. As mentioned earlier, our Constitution also refers to it. Section 9 of the Children’s Act 38 of 2005 states the following: “9     Best interests of child paramount  In all matters concerning the care, protection and well-being of a child the standard that the child’s best interest is of paramount importance, must be applied.”  Now, there you have it. The law does not look at the interests of the parents or third parties. The law looks at what is best for the child under the circumstances. Now we need to move on to the question this legal article addresses: What does the law say about grandparents or third parties obtaining rights of care, contact and guardianship over a child not born from them? For this, we refer to the Children’s Act. Here it refers to the latter persons as interested persons.

Assignment of contact and care to interested person by order of the court

As third parties do not have any inherent parental responsibilities and rights as parents do; rights are assigned by a Court. Now, what does the law say about assigning rights of contact and care to interested third parties? Here section 23 of the Children’s Act is of assistance. Section 23 is quoted as follows” “23     Assignment of contact and care to interested person by order of court  (1) Any person having an interest in the care, well-being or development of a child may apply to the High Court, a divorce court in divorce matters or the children’s court for an order granting to the applicant, on such conditions as the court may deem necessary-   (a) contact with the child; or   (b) care of the child.   (2) When considering an application contemplated in subsection (1), the court must take into account-   (a) the best interests of the child;   (b) the relationship between the applicant and the child, and any other relevant person and the child;  (c) the degree of commitment that the applicant has shown towards the child;  (d) the extent to which the applicant has contributed towards expenses in connection with the birth and maintenance of the child; and  (e) any other fact that should, in the opinion of the court, be taken into account.  (3) If in the course of the court proceedings it is brought to the attention of the court that an application for the adoption of the child has been made by another applicant, the court-  (a) must request a family advocate, social worker or psychologist to furnish it with a report and recommendations as to what is in the best interests of the child; and  (b) may suspend the first-mentioned application on any conditions it may determine. (4) The granting of care or contact to a person in terms of this section does not affect the parental responsibilities and rights that any other person may have in respect of the same child.”  So, there we have it. In short, if you formed part of the child’s life and have an interest in having rights of care and contact – the court may afford you such rights. Therefore, should you divorce the mother of your step child, you may also claim rights of contact to your step-child in the divorce court. Now, what are the potential for rights of guardianship being assigned to third parties and grandparents over minor children? And what is the law state? Here too, the Children’s Act comes to our assistance.

Assignment of guardianship by order of the court

Now that you know that our maternal grandparents referred to in the scenario above or any other interested persons, may be assigned rights of care and contact. Now, let’s move on to the aspect of guardianship. Guardianship would refer to the consent for the application of a passport, leaving the Republic, alienating immovable property and so on in relation to a minor child. In this regard, section 24 of the Children’s Act would be of assistance. This section is quoted as follows: “24     Assignment of guardianship by order of court  (1) Any person having an interest in the care, well-being and development of a child may apply to the High Court for an order granting guardianship of the child to the applicant.  (2) When considering an application contemplated in subsection (1), the court must take into account-  (a) the best interests of the child;  (b) the relationship between the applicant and the child, and any other relevant person and the child; and  (c) any other fact that should, in the opinion of the court, be taken into account.  (3) In the event of a person applying for guardianship of a child that already has a guardian, the applicant must submit reasons as to why the child’s existing guardian is not suitable to have guardianship in respect of the child.” The provisions are self-explanatory. What is interesting to note is that only the High Court can assign rights of guardianship over a minor child. The potential problem in that regard is that it can become inaccessible as not all persons can afford to take matters to the High Court. Looking at section 24 (4) of the Children’s Act, in our scenario above where the grandparents want guardianship, but the father is still alive, they must submit very good reasons as to why the father if he is a guardian, is not suitable to have guardianship in respect of the child. One such reason may be that he is and never was involved in the child’s life.

Final words of maternal grandparents obtaining rights over their grandchildren

As can be seen above, it is possible for a non-parent to be assigned rights of care, contact and guardianship over a minor child. What the Court looks at is what interest you have, and whether your application is in the child’s best interest. Now let us look at what role the High Court play in children matters before we conclude.

The High Court in Children Matters

The High Court is the upper guardian of all minor children within its jurisdiction. Therefore, should a matter concerning a child be brought before it, it would be able to adjudicate the matter and make an order as to what is in the minor child’s best interests. Therefore, seeing that guardianship is such an important aspect in a minor child’s life, one can see why the legislature only afforded the High Court with the power to assign rights of guardianship to interested parties.

What to do if you want to be assigned with rights of care, contact and guardianship to a minor child

If you are an interested party in a minor child’s life and wish to be assigned rights of care, contact and guardianship; it is advised that you speak to a lawyer who is knowledgeable on sections 23 and 24 of the Children’s Act and familiar with Court Applications regarding minor children.

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