I require a law firm to assist me in my Appeal or Review matter. I feel that the judgment or ruling was unfair.

What are your contact details?

If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:

Tel.: 021 111 0090
Email.: [email protected]

The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:

High Court matters

Civil claim surrounding money;
Interdicts;
Divorces (Opposed and unopposed);
Child Custody and guardianship disputes;
Relocation of minor children;
Various criminal matters;
Minor children surname changes;
Appeals and Reviews; and
Other matters.

Magistrates Court matters

Civil claim surrounding money;
Various criminal matters;
Interdicts;
Maintenance Court matters;
Divorces Court matters (Opposed and unopposed)’
Children’s Court matter; and
Other matters.

Constitutional Court

Appeals

Supreme Court of Appeal

Appeals and Reviews

We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Posted on 11 February 2025 by Telelaw

I require a law firm to assist me in my Appeal or Review matter. I feel that the judgment or ruling was unfair.

What are your contact details?

If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:

Tel.: 021 111 0090
Email.: [email protected]

The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:

High Court matters

Civil claim surrounding money;
Interdicts;
Divorces (Opposed and unopposed);
Child Custody and guardianship disputes;
Relocation of minor children;
Various criminal matters;
Minor children surname changes;
Appeals and Reviews; and
Other matters.

Magistrates Court matters

Civil claim surrounding money;
Various criminal matters;
Interdicts;
Maintenance Court matters;
Divorces Court matters (Opposed and unopposed)’
Children’s Court matter; and
Other matters.

Constitutional Court

Appeals

Supreme Court of Appeal

Appeals and Reviews

We service clients throughout South Africa. These include:

Cape Town

Rustenburg

Kimberley

East London

Nelspruit

Polokwane

Pietermaritzburg

Bloemfontein

Port Elizabeth

Pretoria

Durban

Johannesburg

[caption id="attachment_7078" align="alignleft" width="246"] Advocate Muhammad Abduroaf – Advocate of the High Court of South Africa[/caption]

ABC guide to applying for Child Support/Child Maintenance

Child Maintenance Guide: Written by Advocate Muhammad Abduroaf The procedures to be followed in instituting a complaint for child maintenance are regulated by the Maintenance Act 99 of 1998. Below is a simple “ABC” guide to get you started in claiming maintenance for yourself, your children or dependents. This I wrote in order to encourage people to claim needed maintenance for their children or for themselves. Remember, the Maintenance Court would be more than happy to assist you with whatever other legal queries you may have. Before I deal with the simple steps that should be followed in claiming maintenance, I shall first deal with the following question:

Q: From whom may maintenance be claimed?

A: Maintenance may be claimed from persons who have a legal obligation to maintain you. For instance, children can claim maintenance from their parents or a wife from her husband and visa versa. Seeing that children are minors, they are assisted by their parent or guardian through the maintenance process, but in actual fact, it is the child who is claiming. For the purposes of the steps below, I shall structure it as if a parent or guardian is claiming maintenance on behalf of the child.

Income and Expenses – Step 1 …

Get hold of all your proof of income. E.g. pay slips. If you are not working for an employer, you should get hold of proof that you earn a certain amount of money per month. If you are unemployed, that is in order. Get together a list of all monthly expenses incurred for yourself and your children. This would include rent, groceries, clothes, entertainment, etc. This information is required when filling in the maintenance application form that is dealt with in Step 2 below. Find out all the details of the person from whom you are requesting maintenance. For example, his/her home and work address and identity number.

Visit the Maintenance Court – Step 2 …

Go to the Maintenance Court closes to your area and obtain an “Application for Maintenance Order Form” also referred to as “Form A”. Use the information you have gathered in Step 1 and fill in the form. The form is in the form of an affidavit and you, therefore, have to swear to the correctness of the information under oath and sign. Therefore, do not hide any information for the Court. Caution: If your information is not 100 % correct, you may be cross-examined on such correctness in Court and if it is found that you were not totally honest, this would not be in your favour. If you require any assistance in filling in the form, the maintenance officers would be happy to assist you. Once you have filled in the Application for Maintenance Order Form, return it to the maintenance officer who will process it for you. If the maintenance officer can provide you with a reference/case number there and then, request it. The Maintenance Court will send you and the person you are claiming maintenance from a letter or subpoena to appear at the Maintenance Court for an inquiry with the maintenance officer. Diarise the date immediately and make arrangements with your work and a babysitter as soon as possible. If you miss the date, it can take months to get another.

Get your document in order – Step 3…

From the time you left the office of the maintenance officer and even from the time you decided to claim maintenance, keep all receipts you received for any items bought for you and your child. Therefore, if you buy nappies for your child or even a toy, keep that receipt as if it is gold. This is due to you having to prove to the court that you really do spend money on the child and you have the receipts to prove it. You will soon hear from the Maintenance Court where they will be giving you a date to appear back at the Maintenance Court for an inquiry. They would either inform you by post or by a subpoena. On that date, both you and the person from whom maintenance is claimed would have to appear. If you are planning on making use of a legal representative, inform him/her early about the date so that he/she can be available to assist you at Court.

[video width="1920" height="1080" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Child-Custody-Visitation-and-Contact.mp4"][/video] In the notice to appear for the maintenance enquiry, it is requested that you bring proof of all expenses and income for you and your child. This is why it is so very important for you to keep all proof of expenditure in a safe place. Hint: If you can afford to, bring original proof of expenditure and income and a photocopy thereof. The original you would then be able to take back home and bring it back when requested and the copy will stay in the Court file.

The Maintenance Enquiry – Step 4 …

This step deals with the maintenance enquiry where you and the person from whom you are claiming maintenance from will appear before a maintenance officer. The maintenance officer will speak to each of the parties and look at the documents provided. Each party will get a chance to explain why he/she requires maintenance and also why he/she can’t afford the maintenance requested. The maintenance officer will as far as possible try to resolve the matter there and then without it having to go to court. If the parties can agree to an amount, this amount can be made an order of the court. If however an agreement cannot be reached at this stage, the matter, depending on the Court will either be referred to a prosecutor or for trial.

Remember, if you are a father or a person currently paying maintenance/child support, a reduction is possible. The same goes for an application for an increase in maintenance/child support

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please share it on Social Media. Should you require any other legal services and advice, not related to family law, visit Private Legal. Purchase a Consultation with us from our Online Shop, by clicking here. [caption id="attachment_8258" align="alignleft" width="476"] Child Custody and Visitation

Child Custody Visitation and Contact[/caption]

Posted on 11 February 2025 by Telelaw

[caption id="attachment_7045" align="alignleft" width="300"] Child Relocation, Passports, Custody, Surname Change and the High Courts[/caption]
Child Relocation, Passports, Custody, Surname Change, and the High Courts – Simplified
What does Child Relocation, Passport disputes, Custody issues, and surname changes have in common? They are all matters which a court of law resolves if the parties cannot do so. Other than child custody issues that can be resolved by the Children’s Court, disputes in relation to Child Relocation, Passport Disputes and Surname changes for minor children are dealt with in the various Provincial High Courts in South Africa where the child ore parties reside. Much has been written in this website regarding child custody, relocation of minor children, and passport disputes. They have however not been dealt with simultaneously in one article. This is what this article intends to do. It basically provides the intertwined application of the law. With the rise in relocation and disputes regarding care and contact in South Africa, this article would be useful for many parents. However, if you wish to view some of the articles already written on the aforementioned topics, feel free to click on the following links: – Minor children born out of wedlock – Whose surname should they have? – Passport Application for my child. I cannot find the father to give consent at the Department of Home Affairs – Child Custody – Articles and Posts – Relocate with the minor child. Parent Refusing Consent for a Passport

Popular relocation countries for South Africans

If you wish to emigrate from South Africa, there are many places in this world to consider. Some would be more ideal than others. But it all depends on the reason for the relocation. Here is a list of the top countries South Africans and emigrating to:

United Kingdom (UK)
Australia
United States of America (USA)
New Zealand
Canada
Angola
Botswana
Chile
Zimbabwe
Germany
Netherlands
Swaziland
Israel
Portugal
Mozambique
Ireland
Malawi
Switzerland
Namibia
Greece

If you intend to relocate to a country or region not mentioned above, read on, this article still applies to you.

The Child’s Best interests – A Constitutional Right

You guessed it, this article will commence with the fundamental principle in our law – the child’s best interests. This principle is an international principle, applied all over the world. Locally, the principle is found in our Constitution, Act 108 of 1996 and in the Children’s Act 38 of 2005. Let us unpack it. Section 28 (2) of our Constitution states that “[a] child’s best interests are of paramount importance in every matter concerning the child.” Furthermore, section 9 of the Children’s Act 38 of 2005 states that “[i]n 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.” There you have it. The golden thread that should weave through every matter, application or dispute when it comes to children is – priority should be given to their best interests. Of course, this makes sense. Children are our future and a vulnerable sector of our society. Parents are the ones with the issues, and the children are innocent bystanders affected by all this noise. The law and society should, therefore, ensure that they are protected and given the best deal in the equation. Now let us move on to the topic of child custody, followed by passport applications, and then relocation. Lastly, we deal with surname changes of minor children.

Child Custody Disputes

This is where the disputes usually begin. However, not many parents understand the concept of child custody. The legal term now used for custody is care. This was introduced in the Children’s Act 38 of 2005. However, for the sake of ease, we shall continue to refer to it as custody in this legal article. We receive many queries where a parent is actually primary caring for the child, but still, want “custody” over the child. The reality of the matter is that that parent already has “custody” over the child as the child is primary living with him or her. What such parent most probably want is a court order confirming that. The reason for that varies but is mostly for stability and peace of mind. The reason for dealing with child custody is that it has a direct bearing on disputes regarding relocation, passport applications, and surname changes. It is usually the parent who is exercising primary care who approaches us regarding the latter issues. They would want to relocate, apply for a passport or change the minor child’s surname, but the other parent does not want to consent. Obviously, it is possible for a parent who does not have the primary care to want to try and relocate with a child. This would hold water if it would be in the child’s best interests. And if the child does not have a passport, the non-custodial parent may want to make an application to the court to dispense with the other parent’s consent. And with relocation, changing a child’s surname to that of the parent who the child will be relocating with, may be a good idea. Now let’s have a look on the legalities of a passport application, relocation and a surname change for a minor child.

Passport Application for minor children

Our starting point is our Constitution. It affords everyone the following rights:

Everyone has the right to freedom of movement;
Everyone has the right to leave the Republic;
Every citizen has the right to enter, to remain in and to reside anywhere in, the Republic; and
Every citizen has the right to a passport.

As mentioned earlier, the usual scenario is that a parent who has “custody” over the minor child would like to leave the country with the minor child. This can be for a holiday, or to visit a family member. This is the easy one, as the law affords every citizen the right to a passport. However, the unfortunate issue is that according to section 18(5) of the Children’s Act, all guardians of a child must consent for a minor child’s passport application. However, let’s say the child was born out of wedlock, the unfortunate issue is that the Department of Home Affairs has no idea if the father has guardianship or not. Therefore, it seems that they always ask for the father’s consent. Now, if the other parent does not want to visit the Department of Home Affairs to give the necessary consent for a passport, an application would have to be made to the Court as provided for in section 18(5) of the Children’s Act. This would be to dispense with the requirement that the co-guardian’s consent is required. The Court would make a decision as to what is in the child’s best interests. In our view, considering the relevant sections in the Constitution mentioned earlier, such an application would more than likely be successful. Now let us move to relocation which is almost never straightforward.

Relocation of minor children

There are many reasons why a parent needs to relocate to another country. One reason could be for better employment opportunities. The other reason could be due to marriage. If you have a child, you would want to take the child with you. Relocation is never an easy legal issue. For one, it means that a parent who regularly had contact to his or her child, would not only see the child via electronic means only, for example, Skype Video, but only physically, every few years. As mentioned earlier on, what the law looks at is what is in the child’s best interests. This is a difficult task for all concerned. For one, if the other parent refuses to consent, the court would then have to override such consent. But if the court does not do so, the question is, would the child be better cared for by the non-custodial parent. That is most probably the argument that the non-custodial parent would bring to the table. “The child must stay in South Africa, and I will look after her”. At the end of the day, after the court heard the arguments for the mother, and the father and all the experts involved, if any, the court would have to make the decision as to whether relocation with the parent would be in the child’s best interest. Deciding factors would be better living conditions and education for the minor child. Each case is different. But as always, what is best for the child would win the day.

Surname changes of minor children

Surname changes for minor children can be a bit tricky. Firstly, the Department of Home Affairs would require both parents to consent to any change. However, the decision is left up to the Director-General of Home Affairs to make that decision. A good reason for a surname change of a minor child is that he or she does not have the surname of his or her primary caregiver. Due to the fact that the minor child does not have the surname of the primary caregiver, issues could arise at school, when traveling, or socially. In such a case, a change of the minor child’s surname may be warranted. If the other parent does not consent to the application for a surname change, then the Court needs to be approached. The Court would have to decide whether or not the other parent is reasonable in their refusal and acting in the child’s best interests. If it is in the child’s best interest that an application for a surname change is made, then the Court would order it.