Legal advice for parents from an Advocate regarding care and contact disputes during the December / January School Holidays

The end of the year marks the start of the holiday season. Schools are closing, and most parents will be using their annual leave. It is the ideal time to spend time with family and friends and just rest and have fun. If you have children, you also want to spend quality time with them. This is especially so if not much time was spent together during the year. Ideally, both mom and dad would live in the same home as the children. However, that is not always the case. There are many reasons for that. It can relate to divorce, separation, or incompatibility. The list goes on. Regardless, each parent wants to spend quality time with their child during this festive season. And why should they not? Let us first deal with what divorced parents can do, then parents who were never married.

Parental Rights and responsibilities of divorced parents

In most cases, divorced parents would share parental rights and responsibilities of their minor children after they divorced. In other words, they would remain co-holders of parental responsibilities and rights over their minor children. Before the Court divorced the parents, it had to be satisfied that the arrangements regarding care and contact, maintenance and so on were satisfactory. In other words, it must be convinced that the arrangements are in the minor child’s best interest. The divorce parents are then left to care for the minor children as provided for in the divorce order. In most cases, there would be a consent paper with a parenting plan.

What happens if divorced parents have disputes regarding care and contact during the school holidays?

Divorced parents must stick to the care and contact arrangements outlined in the divorce order. If they do not, they will be contemptuous of the court order. The aggrieved party may lay a complaint at the police or launch a civil case for contempt of Court. This is best to be avoided. Nothing is limiting divorced parents from agreeing to alternative arrangements. However, it must be agreed upon. If issues arise, the parties need to revert to the terms of the Court Order. Sometimes a divorce order incorporates a clause dealing with the appointment of a parenting co-ordinator, or facilitator. Usually, this person would assist the parents in resolving minor disputes when it comes to care and contact. This would be done without deviating from the principles laid down in the divorce order dealing with care and contact. They would be especially useful should there be a dispute regarding how to split the December holidays between the parents.

Can divorced parents change the terms of the Divorce Court Order?

If one of the divorced parents has an issue with the terms of the divorce court order, and they believe a change to the terms of the Order would be in the minor children’s best interests, then they may approach the Court to vary the Court Order. The Court would only vary it after it heard from both parents and is convinced that it is in the minor children’s best interests. Usually, a reason for a change would be that the minor child is much older, and circumstances have changed. An example of a change in circumstances is that the minor child changed schools, and a change in residency would be best for them. If the divorce Order incorporated a clause dealing with the appointment of a parenting co-ordinator or facilitator, then the parent would first need to use them. That would, however, not be required if the change in the divorce order relates to something that the parenting co-ordinator or facilitator would not be able to assist the parents with.

What about parents who were never married?

Parents who were never married or married but separated do not have a court order to follow during the school holidays. It is hoped that they would be sensible and agree to an appropriate care and contact arrangement during the school holidays, which would suit both parents, especially the minor child. Separated parents who have issues with each other do not want to deal with the other parent, especially during the holiday season. However, it is unfortunate that the child is the one who suffers in the long run. Parents must understand that any conflict between them negatively affects their children. This is what you want to avoid at all costs. However, if the parents cannot come to an agreement, they need to remain civil and use other tools, referred to next.

What can separated parents do if they cannot agree on care and contact issues for the December holidays?

Parents need to understand that the law looks at what is best for the child and not the parents. It is, therefore, the duty of separated parents to put aside their prejudices for the other parent for the sake of the child’s wellbeing. If, however, separated parents cannot see eye to eye on what is best for the child, external assistance is needed. If the external assistance does not help much, the Court needs to be approached. Let’s discuss external assistance.

Parents must first try to mediate the care and contact disputes

It is understandable that not all separated parents would be able to resolve a care and contact matter independently. Sometimes, one parent is just outright unreasonable and does not focus on what is best for the child. In such a case, we recommend that the parents see a mediator to assist them in resolving the dispute. The mediator can either be a social worker, an attorney, or a local religious leader. Whoever it is, there must be a concerted effort to resolve the matter from both sides. Both parents should have a chance to speak, ask questions and resolve whatever issues they may have. We know that it is not always possible to do so. However, compromise is the key.

What happens if the mediation fails?

Mediation should assist any couple in resolving their issues for the most part. However, if they cannot compromise, the Court needs to be approached to apply its legal mind and determine what is best for the child concerned. The Court may want the input of a childcare expert, for example, the office of the family advocate or a social worker from a welfare organization. After the Court heard what both parties had to say, it would rule on what was in the minor child’s best interest. It does not mean the court would rule in your favour. However, it is possible that the court may find a middle ground that neither party is happy with.

When to seek legal advice

We recommend that you seek professional legal advice when things cannot be resolved between the parents, even with the assistance of a parenting co-ordinator, mediator or facilitator. If you cannot afford a lawyer, or cannot find one that offers their services pro bono, then approach the Children’s Court. Matters concerning children are inherently urgent, and it would not benefit the parties, nor the child, if things are delayed, especially so if a court needs to get involved. However, it does not mean that by seeing a lawyer, you must go to court. Maybe after consulting with the lawyer, you understand the law better and would be in a better position to resolve the matter on your own. The lawyer can also send the other party a letter. If that does not work, then approaching the court is justified. [caption id="attachment_10745" align="alignnone" width="300"]Best Attorneys, Advocates, lawyers to assist you in your Court Custody matter. When is the best time to get them involved in your case? Adv. Muhammad Abduroaf – Trust Account Advocate[/caption]  

Legal advice for parents from an Advocate regarding care and contact disputes during the December / January School Holidays

The end of the year marks the start of the holiday season. Schools are closing, and most parents will be using their annual leave. It is the ideal time to spend time with family and friends and just rest and have fun. If you have children, you also want to spend quality time with them. This is especially so if not much time was spent together during the year.

Ideally, both mom and dad would live in the same home as the children. However, that is not always the case. There are many reasons for that. It can relate to divorce, separation, or incompatibility. The list goes on. Regardless, each parent wants to spend quality time with their child during this festive season. And why should they not? Let us first deal with what divorced parents can do, then parents who were never married.

Parental Rights and responsibilities of divorced parents

In most cases, divorced parents would share parental rights and responsibilities of their minor children after they divorced. In other words, they would remain co-holders of parental responsibilities and rights over their minor children. Before the Court divorced the parents, it had to be satisfied that the arrangements regarding care and contact, maintenance and so on were satisfactory. In other words, it must be convinced that the arrangements are in the minor child’s best interest. The divorce parents are then left to care for the minor children as provided for in the divorce order. In most cases, there would be a consent paper with a parenting plan.

What happens if divorced parents have disputes regarding care and contact during the school holidays?

Divorced parents must stick to the care and contact arrangements outlined in the divorce order. If they do not, they will be contemptuous of the court order. The aggrieved party may lay a complaint at the police or launch a civil case for contempt of Court. This is best to be avoided. Nothing is limiting divorced parents from agreeing to alternative arrangements. However, it must be agreed upon. If issues arise, the parties need to revert to the terms of the Court Order.

Sometimes a divorce order incorporates a clause dealing with the appointment of a parenting co-ordinator, or facilitator. Usually, this person would assist the parents in resolving minor disputes when it comes to care and contact. This would be done without deviating from the principles laid down in the divorce order dealing with care and contact. They would be especially useful should there be a dispute regarding how to split the December holidays between the parents.

Can divorced parents change the terms of the Divorce Court Order?

If one of the divorced parents has an issue with the terms of the divorce court order, and they believe a change to the terms of the Order would be in the minor children’s best interests, then they may approach the Court to vary the Court Order. The Court would only vary it after it heard from both parents and is convinced that it is in the minor children’s best interests. Usually, a reason for a change would be that the minor child is much older, and circumstances have changed. An example of a change in circumstances is that the minor child changed schools, and a change in residency would be best for them.

If the divorce Order incorporated a clause dealing with the appointment of a parenting co-ordinator or facilitator, then the parent would first need to use them. That would, however, not be required if the change in the divorce order relates to something that the parenting co-ordinator or facilitator would not be able to assist the parents with.

What about parents who were never married?

Parents who were never married or married but separated do not have a court order to follow during the school holidays. It is hoped that they would be sensible and agree to an appropriate care and contact arrangement during the school holidays, which would suit both parents, especially the minor child. Separated parents who have issues with each other do not want to deal with the other parent, especially during the holiday season. However, it is unfortunate that the child is the one who suffers in the long run.

Parents must understand that any conflict between them negatively affects their children. This is what you want to avoid at all costs. However, if the parents cannot come to an agreement, they need to remain civil and use other tools, referred to next.

What can separated parents do if they cannot agree on care and contact issues for the December holidays?

Parents need to understand that the law looks at what is best for the child and not the parents. It is, therefore, the duty of separated parents to put aside their prejudices for the other parent for the sake of the child’s wellbeing. If, however, separated parents cannot see eye to eye on what is best for the child, external assistance is needed. If the external assistance does not help much, the Court needs to be approached. Let’s discuss external assistance.

Parents must first try to mediate the care and contact disputes

It is understandable that not all separated parents would be able to resolve a care and contact matter independently. Sometimes, one parent is just outright unreasonable and does not focus on what is best for the child. In such a case, we recommend that the parents see a mediator to assist them in resolving the dispute. The mediator can either be a social worker, an attorney, or a local religious leader. Whoever it is, there must be a concerted effort to resolve the matter from both sides. Both parents should have a chance to speak, ask questions and resolve whatever issues they may have. We know that it is not always possible to do so. However, compromise is the key.

What happens if the mediation fails?

Mediation should assist any couple in resolving their issues for the most part. However, if they cannot compromise, the Court needs to be approached to apply its legal mind and determine what is best for the child concerned. The Court may want the input of a childcare expert, for example, the office of the family advocate or a social worker from a welfare organization. After the Court heard what both parties had to say, it would rule on what was in the minor child’s best interest. It does not mean the court would rule in your favour. However, it is possible that the court may find a middle ground that neither party is happy with.

When to seek legal advice

We recommend that you seek professional legal advice when things cannot be resolved between the parents, even with the assistance of a parenting co-ordinator, mediator or facilitator. If you cannot afford a lawyer, or cannot find one that offers their services pro bono, then approach the Children’s Court. Matters concerning children are inherently urgent, and it would not benefit the parties, nor the child, if things are delayed, especially so if a court needs to get involved.

However, it does not mean that by seeing a lawyer, you must go to court. Maybe after consulting with the lawyer, you understand the law better and would be in a better position to resolve the matter on your own. The lawyer can also send the other party a letter. If that does not work, then approaching the court is justified.

Best Attorneys, Advocates, lawyers to assist you in your Court Custody matter. When is the best time to get them involved in your case?
Adv. Muhammad Abduroaf – Trust Account Advocate

 

Related Post

Looking for Family Legal Services in Salt River– Child Maintenance, Child Custody, Visitation Rights and Divorce

Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Salt River area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an
online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Salt River

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Salt River– Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to: And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within 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 p
  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?

Divorce and Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Salt River 

Are you residing in Salt River and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Salt River area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:
  1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
  2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
  3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
  4. We urge potential clients to read their email well as well as the terms and conditions within the email.
  5. Only once payment has been made, will the face to face legal consultation be confirmed.
  6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.
Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Free legal products if you live in Salt River

Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:
  1. Free Basic Will Tool Kit
  2. Free Shariah Will Template
  3. Free Divorce Starter Tool Kit
  4. Free Child Maintenance Calculator
  5. Free DIY Urgent Child Contact Toolkit
  6. Urgent Holiday Contact Toolkit
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!