I need legal advice for my child custody matter – Advocate Muhammad Abduroaf – Best family lawyers attorneys South Africa

Posted on by Telelaw

I need legal advice for my child custody matter – Advocate Muhammad Abduroaf – Best family lawyers attorneys South Africa

Related Post

Children born out of wedlock now have the same rights as children born to married couples

 The case below was successfully argued by Advocate Muhammad Abduroaf. Because of this case, a mother can now claim child maintenance from paternal grandparents of children born out of wedlock. The case can be found on the link: https://www.news24.com/SouthAfrica/News/Pay-support-its-legit-20031112 . It is also copied below.  

“‘Pay support – it’s legit’

2003-11-13 08:29
Willemien Brummer

Cape Town – Children born out of wedlock now have the same rights as children born to married couples, under a ground-breaking High Court ruling made in Cape Town on Wednesday.

Judge Lester Fourie overturned a 1930 court ruling that stated only maternal grandparents of illegitimate children could be held responsible for their upkeep. Mother’s of children born out of wedlock could until now only claim from their own parents for maintenance. Now the paternal grandparent’s of an illegitimate child can also be held responsible for their upkeep. The ruling came after Jade Lee Petersen from Muizenberg approached the Simon’s Town maintenance court for maintenance for her 10-month-old son, Jordan. Jordan’s father, Faghmie Abrahams, claimed he could only afford R200 maintenance per month. Petersen wanted R1 000 per month. She requested that Jordan’s grandparents on his father’s side be ordered to cover the balance. When Petersen was informed that the law did not allow this, she took her case to the High Court. After the ruling, Petersen’s advocate, Muhammad Abduroaf, said the case was not just a victory for Petersen but that it was also a victory for other mothers in her position.” https://www.news24.com/SouthAfrica/News/Pay-support-its-legit-20031112 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

Posted on by Telelaw

Our Legal Question of the day: I am in an abusive relationship. Is there help out there?

[caption id="attachment_6386" align="alignleft" width="300"]Set up a Consultation with us. Set up a Consultation with us.[/caption] No one deserves to be in an abusive and controlling relationship or be a victim of abuse. The causes and symptoms of abusive and controlling, romantic relationships vary. However, the unfortunate reality is that many decent people are trapped in one. And what is sad, is that they do not know how to get out of the toxic relationship, or to make it stop. There are many reasons why people remain in an abusive and controlling relationship. Some depend on the abuser for financial support, and others believe that they cannot or won’t get better should they leave their abuser.  The even more bitter scenario is when you remain in the abusive relationship for the sake of the children.
We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email.

 Family Abuse

Then there are other types of abusive relationships. They comprise of a parent abusing his or her child, or a brother abusing the sister. Even neglecting a child is abuse. This can happen when parents deprive their children economically, of decent clothing, food and shelter. The list goes on. The law terms the above type of abusive relationships under the banner of Domestic Violence. At the same time, the law affords victims of domestic violence help. The applicable legislation is the Domestic Violence Act, 116 of 1998.

What is a Domestic Relationship?

As you would see below, domestic violence is any controlling or abusive behaviour inflicted to someone in a domestic relationship. Therefore, in short, according to the Act, a domestic relationship is between family members, people living together, or people who were in a romantic relationship. You do not have to be married to someone to seek help from the law. An adopted child can also seek protection from the Domestic Violence Act. This makes it very convenient as most domestic relationships are covered by the Domestic Violence Act.

 Therefore, what is domestic Violence?

The Domestic Violence Act defines it as follows:
  • Physical abuse;
  • Sexual abuse;
  • Emotional, verbal and psychological abuse;
  • Economic abuse;
  • Intimidation;
  • Harassment;
  • Stalking;
  • Damage to property;
  • entry into the complainant’s residence without consent, where the parties do not share the same residence; or
  • Any other controlling or abusive behavior towards a Complainant.
Now, as you can see, the ambit of domestic violence is quite broad. It should cover most situations.

How to stop the abusive behavior?

Now we deal with the crux of our question and answer segment on Domestic Violence. How can you make it stop? If you are a victim of domestic violence, and you want protection, you should visit your local Domestic Violence Court and obtain a Protection Order. For an outline on how to apply, visit this article named ABC guide on how to obtain a Protection Order. Even though you are seeking protection from the law, you can still maintain a relationship with the person, but he or she would be interdicted from committing any acts of domestic violence against you.  If he or she again commits an act of domestic violence, after you obtained an interim, or final Protection order, the law would ensure that he or she gets punished.

Final words to victims of Abuse

If you are a victim of abuse, remember the law is there to protect and help you. Unfortunately, the law cannot change people’s personalities. It further cannot make someone love you or care for you the way they should, or you want them to. However, if you have no option but to remain in a relationship, with your spouse, lover, or other significant person, seek protection. Most times, that is the best you can do for yourself and those close to you.

Sharing is Caring

[caption id="attachment_6387" align="alignleft" width="300"]Business Legal Advice - Cape Town Contact us today[/caption] This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.  
Posted on by Telelaw

Do you require a video legal advice consultation?

Click here and schedule one today!