I require a law firm to assist me in my legal matter in the High Court of South Africa.

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: 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’s 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 by Telelaw

I require a law firm to assist me in my legal matter in the High Court of South Africa.

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:

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’s 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

Related Post

How do you know if a Lawyer is good?

When it comes to choosing a good Attorney or legal expert, the layperson can fall into a big trap. This is not necessary due to ignorance – anyone can be fooled. Knowing this full well, we decided that this piece could help you determine whether a particular legal expert is capable of dealing with your legal matter. It is interesting to note that we often get questions such as:
  • Is your legal expert experienced?
  • How long has your legal expert been in the game?
  • What are his legal expertise?
  • What kind of law does your legal consultancy specialise in…and so forth
What is great is that our law offices can truly boast a professional legal expert who will be on board to guide you through your legal consultations. For more on the experiences and expertise of our legal expert, see the following free, expert legal advice articles in 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 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
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?
Does any of these topics interest you? Make an online appointment with us today and consult with a legal expert.

Attorney and Advocate – the difference?

Believe it or not, but there is a major difference between the two professions – though both experts have the law in common. We are very much aware of the confusion so feel free to see our Advocate of the High Court page as well as our Lawyers, Attorneys, Advocates, Legal Practitioners explained page. Feel free to call our friendly receptionist to make an online appointment with us today and consult with a legal expert.

Find a specialized expert

Our law offices are situated in the heart of the buzzing CBD at Suit 702, 7th floor, The Pinnacle, corner of Strand and Burg Street. We are legal experts in family law whereby we offer a range of family law legal services. These are:   Make an online appointment with us today and consult with a legal expert.      
Posted on by Telelaw

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Jagersfontein.

Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.

Claiming child maintenance for your child in Jagersfontein

Whether you claim child maintenance in Jagersfontein, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Jagersfontein.

The maintenance scenario – Jagersfontein South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

  1. The Child is seven years old and attends school in Jagersfontein
  2. The child is cared for by the mother who works in Jagersfontein
  3. The mother works and earns a Salary of R 10 000
  4. The father sees the child every second weekend. He also lives and works in Jagersfontein
  5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
  6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
  7. The mother claims R 4 000 – 00 maintenance as the father earns double her salary

What is the first step the mother must take in claiming child maintenance?

The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.

How does she start the legal process?

The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Jagersfontein, it would be the maintenance court in Jagersfontein. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.

What do you do while waiting for the maintenance court date?

While you wait to be informed of the court date by the Maintenance Court of Jagersfontein, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.

What happens at the first court appearance at the Jagersfontein Maintenance Court?

Once you have been notified of the maintenance court date by the Jagersfontein Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.

The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.

How does the Maintenance Court hearing or trial work in Jagersfontein?

Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.

At the end of the day, the Jagersfontein Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Jagersfontein Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.

The above child maintenance application principles should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha

Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Jagersfontein, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

 

 

 

Posted on by Telelaw

I Appealed my divorce court’s decision regarding care and contact for my two minor children to the High Court. I was successful.

After a 12-year marriage, which was in community of property, and raising two minor children, I was compelled to initiate divorce proceedings due to severe issues, including gambling, alcohol abuse, and infidelity on my husband’s part. This caused me to leave the marital home with my minor children three years ago. Since our separation, I have been the sole caregiver for our two minor children, ages 10 and 11. My primary concern is their well-being, and I have dedicated myself to their care and upbringing.

Initiating the divorce proceedings

Instituting divorce proceedings against him was the best thing I could have done for myself. He did not take this lightly and immediately defended the divorce proceedings. This was unfortunate, as I believed we could have amicably resolved the divorce. The divorce, in my view, should have been a simple one. Although we were married in a community of property, we did not have many assets. An immovable property involved a house that needed to be sold, and the bond would have to be paid so that we could have shared the sale proceeds. None of us have pension funds, and there is little debt in the joint estate. The only issue was what type of contact my husband would have with the minor children after the divorce.

The primary caregiver of the minor children

There was no dispute regarding the minor children remaining in my primary care. At the same time, I do not believe it will benefit the minor children if the father has limited contact with them. Despite our marriage problems, my husband has always been an excellent father to my minor children. They are very fond of him and him of them. Furthermore, I have spoken to the minor children regarding the divorce, and they agree that they would want to remain in my primary care.

My husband fighting for shared care of the minor children

After instituting divorce proceedings, my husband decided that he wants to have shared care over the minor children. This never made sense to me. Firstly, although he was always in their lives, he was not their primary caregiver or cared for them like a primary caregiver would. I was the one who attended to them from birth, fed them when they were babies, took them to school, assisted them with their homework, and so on. My husband was always there, playing with them and communicating with them. He would take us as a family out on the weekend to the beach for entertainment, and it was always around. However, should the minor children fall ill, I attended to them. They will come to me first if they require any assistance with schoolwork, homework, extramural activities, etc. Therefore, it would not have benefited the minor children to be in my husband’s care for half the month. At the same time, my husband, due to infidelity, was involved with other people, and therefore, I do not believe it would benefit the minor children to be exposed to his lifestyle and, at the same time, be cared for by him. However, I accept that the minor children would have to meet his new partner as she would form part of their lives. Therefore, I had no problem with him having contact with the minor children every second weekend and half of the school holidays.

Presenting my husband with a parenting plan

My attorney at the time presented my husband with a parenting plan. The parenting plan, in my view, was fair. It allowed my husband to have contact with the minor children every day of the week after school for about an hour or two. It also allowed him to have contact with the minor children every second weekend from after school on a Friday until 5 pm on Sunday. He also would have contact with the minor children for half of the long and short school holidays. He would also see the minor children on Father’s Day, Christmas Day, and other special days. On his birthday, he would also have contact with the minor children.

My husband refuses to accept my parenting plan

Unfortunately, my husband disagreed with my attorney’s parenting plan and said he would not move away for shared care of the minor children. What this meant was that the minor children would live with me for one week and with him the following week, and this would alternate until the school holidays when we would share the school holidays 50-50. It has never made sense to me because during our marriage, my husband was never available to care for the minor children, and he did not know how to assist with the homework. On top of that, the minor children did not want to be in his primary care during the week.

Seeking assistance from experts

To resolve this issue, my attorney enlisted the assistance of a childcare expert. The expert assessed what would be in the minor children’s best interest regarding care and contact after the divorce. The expert recommended that care and contact be as outlined in my attorney’s parenting plan, as outlined above. The minor children would see the father every day of the week, half the school holidays, special days, and every second weekend.

Father being unhappy with the expert’s recommendations – Approaching the Office of the Family Advocate

The father of the minor children was still unhappy with the expert recommendation. We then approached the Office of the Family Advocate for assistance office. They conducted an investigation and concluded that it would not be in the minor children’s best interest for the father to have primary care over them or for us to have shared care of them as he proposed.

The matter proceeded to Trial

Following the trial in the magistrate’s court, where I presented evidence supporting my position, the judgement was for a shared care regime, a decision I respectfully disagree with. This went against both experts and would not be in the minor children’s best interest.

Appealing the divorce court’s decision to the High Court

My attorney then appealed the decision to the High Court. On appeal, the court followed the recommendations of the childcare expert at the office of all the family advocates. The High Court was not convinced that the magistrate made a fair decision, as clearly, based on the facts I presented, the experts said it would not be in the minor children’s best interest for a shared care regime.

Assistance with an Appeal to the High Court, Supreme Court of Appeal or the Constitutional Court

Should you require assistance with an appeal to the high court, Supreme Court of Appeal, or constitutional court, feel free to contact the firm of Adv. Muhammad Abduroaf.                        

Posted on by Telelaw