Looking for Family Legal Services in Diep 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 Diep 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 Diep 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 Diep 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

Child Custody

Divorce and Property

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 Diep River

Are you residing in Diep 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 Diep 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, 7^th 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:

Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
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.
We urge potential clients to read their email well as well as the terms and conditions within the email.
Only once payment has been made, will the face to face legal consultation be confirmed.
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 Diep 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:

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!

Posted on 11 February 2025 by Telelaw

Looking for Family Legal Services in Diep River- Child Maintenance, Child Custody, Visitation Rights and Divorce

Family Legal Advice Consultancy

Price listings for Family Legal Services in Diep River

Legal Advice in Diep 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:

These articles can be found within the following categories:

Child Maintenance

Child Custody

Divorce and Property

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

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:

Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
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.
We urge potential clients to read their email well as well as the terms and conditions within the email.
Only once payment has been made, will the face to face legal consultation be confirmed.
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 Diep River

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:

Connect with us today!

Best advice on finding a top divorce lawyer for your divorce case in Somerset West, Cape Town
Do you live in Somerset West, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Somerset West or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for your divorce matter that can adequately and properly advise you or handle your divorce. The advice would apply whether you live in Somerset West or anywhere else in South Africa. The issues we shall deal with are the following.
Gender of the Advocate or attorney;
Location of the Advocate or attorney;
Experience of the Advocate or attorney;
Costs of the Advocate or Attorney; and
The personality of the Advocate or Attorney.
What is the best gender of the Advocate or Attorney I need to use for my divorce? Is a male or female better?
Generally, the gender of your Advocate or Attorney should not play a role at all in a legal matter. However, depending on your background and the issues involved in your divorce, you may prefer a specific gender where you may feel more comfortable. A female who has been emotionally, physically and psychologically abused may be more comfortable with a female Attorney or Advocate. However, the same female client may prefer a male Advocate or Attorney. No more will be said on this issue.
What is the ideal office location of the Advocate or attorney? Does it have to be in Somerset West?
The location or office of your attorney or Advocate is essential if you wish to consult with them in person. It is also ideal, but not necessary, for their offices to be close to the Court where the divorce would be handled. However, many lawyers make use of correspondent lawyers for this purpose. Furthermore, location should not be an issue if you want a specific lawyer to handle your case. This is so especially seeing that people are making use of virtual meetings.
What level of experience should the Advocate or attorney have?
It is important to remember that not all legal matters require the best lawyer. If your divorce is straightforward, finding the best lawyer in the field is unnecessary. The best may be very busy and lack the time to give your case the attention it deserves. However, if your matter is complicated, then in that case, the most experienced and best lawyer out there is not warranted.
What about the Costs of an Attorney or Advocate?
For many, the costs of the Attorney or Advocate are the most crucial consideration when it comes to enlisting their services. Usually, the more experienced the Attorney or Advocate, the more they would charge. Another aspect that affects costs is the nature of the expertise of the Advocate or Attorney. If the issues in your matter are highly technical and complicated, an Advocate or Attorney with expertise and experience may charge more.
What about the personality of the Advocate or Attorney?
Many may discard the Advocate or Attorney’s personality as not important. However, it is essential to note that it may be time to change lawyers if you do not get along well with the Advocate or Attorney because of their personality. A lawyer and their client would develop a professional relationship in family law matters. This is especially so when the lawyer must discuss many personal issues regarding you, your marriage, children, finance, spouse etc. If you cannot get along well with your Attorney or Advocate, you may not divulge important information relevant to your case.
What is our best advice to a client looking for an Advocate or Attorney in a divorce matter?
Considering all the factors mentioned above, before enlisting the services of an Advocate or Attorney, ensure you enlist the right one. Do not look for the most experience or best, or the top one in family law. You may have to change lawyers if you do so and cannot afford legal bills. Therefore consider the above and any other factors that you may consider necessary when deciding on enlisting the services of an Advocate or an Attorney. Best of luck.

Posted on 11 February 2025 by Telelaw

Passport Application for a minor child: Mother cannot find the father to provide the necessary consent at the Department of Home Affairs. The Application is therefore refused.
Passport Application for a minor child: It is not easy being a single parent, and at the same time, the primary caregiver of the child. This is even so where the other parent pays child support and regularly sees the child. This article deals with the situation where the father of the child is missing. He, therefore, does not pay any child support, nor has a relationship with the child. This causes a problem when it comes to issues of guardianship rights. For example, when the mother wants to enrol the child in a school or provide medical consent. The question would always arise – “where is the father?”, or “did the father give his consent?” When it comes to official matters, for example, the application for a passport, then things become more complicated. This is where the issue of parental consent for the application for a passport is looked at. Now let us first deal with the law.
Parental Responsibilities and Rights of Fathers
In short, if a father was married to the mother, he would automatically have full parental responsibilities and rights to the child born from them. This includes the rights of care, contact and guardianship. If he was not married to the mother of the child, he can acquire parental responsibilities and rights. In short, in order for the unmarried father to acquire parental responsibilities and rights, he has to form part of the child’s life. He may also attempt to do so and the mother hinders it from happening. In the latter situation, he would still acquire parental responsibilities and rights.

The Unmarried Father’s Rights

The unmarried father can acquire parental responsibilities and rights to his child in a number of ways. They include paying child support, visiting the child and so on. Therefore, not all fathers would have parental responsibilities and rights over their children. Some fathers just impregnated the mothers and went missing. Such a father cannot rock up, 12 years later and demand to take the child with him to the movies. I think you understand the point we are trying to make.

What is the legal effect of having parental responsibilities and rights over a child?

Should a father have parental responsibilities and rights over a child – he has certain defined rights. Those rights could either be absolute, or specific. An absolute right would be one of guardianship. An example would be an application for a passport or the removal of a child from the Republic. In the latter cases, the father’s consent is an absolute requirement which can only be taken away by a court of law. Then there are relative parental responsibilities and rights over a child. These rights depend on the circumstances of the case. An example would be that of visitation. A father who has parental responsibilities and rights of contact over a child cannot demand to see the child at any time. He may not even be able to demand to see the child half the time. His contact rights would be limited to what is in the child’s bests interests. And that would change from time to time. For example, should the father live 100km away from his children, contact could be every second weekend. But, should he live down the road, it could be every second day.

The Legal Problem for unmarried parents and their rights

The consent required in relation to the exercise of parental responsibilities and rights over certain children have challenges. How would anyone know whether or not an unmarried father has parental responsibilities and rights? For example, lets say the father was never involved in the child’s life – what proof does she have to show the authorities that the father does not have any parental responsibilities and rights? Would the Department of Home Affairs just accept the allegation made by the mother? I do not think so. And this could cause a problem in two ways. Let’s say the father has parental responsibilities and rights over a child. The mother however now wishes to relocate overseas. She tells the authorities at the Department of Home Affairs that she does not know where the father is, and he was never involved in the child’s life. If the Department of Home Affairs accepts her lie, the mother would be able to leave South Africa with the child, and without the father knowing. Let alone obtain his consent. On the other hand, let’s say that the father was really not involved in the child’s life since birth. He went missing after he found out the mother was pregnant. He never paid for any of the birthing costs, nor any of the child’s expenses since birth. Should the mother approach the Department of Home Affairs, would they allow her to obtain a passport without the father’s consent? We could be wrong, but we doubt they will.

What can a mother do if she does not have the consent from the father

As the law stands and with the current position of the Department of Home Affairs, the following needs to be done if the father refuses to give his consent, or cannot be found.

Application to the High Court

We advise that you consult with a legal advisor to advise you on the merits of your case. If there are merits, an application to the relevant court would be made. The Court would decide on the matter after hearing from both the parents. If it is decided that it would be best for the child to obtain a passport or relocate, the court would grant the appropriate order.

These are the documents that would form part of the Court file:

Notice of Motion

This document outlines the relief you are asking the court for. This would be the case where the details of the father is known. Two of the clauses could be as follows:

The Respondent’s consent is not required for the departure of the minor child, Little One, with identity number 0813040502086 (hereafter referred to as “the minor child”), from the Republic of South Africa, and to relocate to France, as provided for in section 18(5) of the Children’s Act 38 of 2005;
The Respondent’s consent is not required for the return of the minor child to the Republic of South Africa for visits;

Founding Affidavit

In this document, you outline the facts of the matter. You would deal with why you want consent.

Opposing Affidavit

If the father opposes the Application, he would file this affidavit. In this document he would outline reasons why the court should not give consent.

Replying Affidavit

You would then get an opportunity to reply to the father’s allegations made.

Advice to parents who wants to relocate or temporary leave South Africa with the minor child

If you need to relocate, with a child, and the other parent refuses to give consent, speak to a legal advisor, or to us. They would advise you on your case, and if need be, assist or direct you to the proper people for an Application to court for an order that the requirement of consent is dispensed with. Should you be successful in such an application, the Order would be shown to the Department of Home Affairs when applying for a passport and when leaving the Country. The Officials would comply with the Order. The Order of Court can also be shown to the officials overseas should they want to know where the consent of the father is. [caption id="attachment_7081" align="alignleft" width="217"] Advocate Cape Town Lawyer Attorney Legal High Court

Advocate Muhammad Abduroaf[/caption] In the same manner, should you want to leave South Africa to go overseas on holiday with the minor, approach us for advice should the other parent refuse to give consent. Your visit overseas could be to visit a family member, or just for a break. There should be no reason why you cannot take the minor child with you on holiday. [caption id="attachment_6387" align="alignleft" width="300"]

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 like and share it on Social Media by clicking on the icons below. For business servics, visit Business SA.

Posted on 11 February 2025 by Telelaw

Appeals and Reviews – How does it work?

Appeals in court cases typically involve requesting a higher court to review a decision made by a lower court. For example, approaching the High Court to review the decision in the Magistrates Court matter. The process usually begins with filing a notice of appeal, outlining the grounds for the appeal and providing the necessary documents to support the case.

The appellate court will then review the lower court’s decision and determine whether any errors were made. If successful, the appellate court may either overturn the decision, order a new trial, or modify the original ruling. It’s important to seek legal assistance to navigate the complexities of the appeals process effectively. If you need legal assistance with appeals or reviews, consider reaching out to a qualified attorney or advocate for guidance.

Getting Legal Assistance with Appeals

If you require legal assistance or representation with your appeal matter, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

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Basic Divorce Guide for all courts in South Africa

Supplied by Adv. Muhammad Abduroaf (LL.B LL.M) (Advocate of the High Court of South Africa)

Legal Advice regarding divorces

If you want to get divorced from your spouse, I strongly advise that your approach a legal practitioner, or an attorney to attend to it on your behalf. This I would implore even more under the following circumstances: – There will be a dispute over care and visitation rights over the child/children; – One of the parties will be applying for forfeiture of patrimonial benefits from a marriage in community of property; -The joint estate is huge or complicated; or -The other party will be making use of legal representation.

General divorce procedures

If, however, you would like to know the general procedures on how to go about in obtaining a divorce decree; they are listed summarily below. Many rules regulate divorce processes and the summary below does exclude some of them. These include pretrial conferences, judicial case management, exceptions, strikeouts, compelling compliance, service addresses etc. Other matters incidental to divorce proceedings, for example, interim arrangements pending the divorce regarding maintenance for you or your children and care and contact regarding children are not dealt with. Therefore, please consult a legal practitioner or the divorce court throughout your divorce process should you decide to attend to the divorce yourself.

Summons and Particulars of Claim in a Divorce Matter

A summons needs to be drafted which should be issued by the divorce court to commence the divorce process. It should have on it the details of the court you will be issuing the divorce from, details of the parties, e.g. names, occupation, and address etc. Every High Court in the area where you live has the authority to attend to a divorce. You should then draft particulars of claim outlining relevant matters concerning the marriage, children, reasons for wanting a divorce and what do you want the court to grant you in a divorce order. The particulars of claim you attach to the summons. Once you have your summons and particulars of claim in order, you have to have the summons issued at court. To do this, make three (3) copies of your set of documents (Summons and Particulars of Claim) and have it issued at court.

Issuing and Service of a Divorce Summons

Once you are at the divorce court, go to the clerk/registrar of the court and have your documents issued. The clerk/registrar will sign the summons and provide a case number and insert it on the summons. You should then take the original and a copy (both must be signed and stamped by the clerk/registrar of the court) to the sheriff which serves documents where your spouse works of lives. You can ask the clerk/registrar of the court for those details. The extra—copy of the summons and particulars of claim you should keep for your file and records.

Notice of intention to defend in a divorce matter

Once the sheriff served the latter court documents, your spouse has two weeks to inform you whether he or she will be defending the divorce. This information is outlined in the summons. If your spouse decided not to defend the divorce action, then after a period of two weeks has elapsed, you may set the matter down as an undefended divorce. If your spouse intends to defend the divorce, he or she would then have to do what follows.

Plea to particulars of claim in a divorce matter

Once you received notice of your spouse’s intention to defend the divorce, about a month later, your spouse or his or her attorney should serve and file a plea. The plea should outline which parts of your particulars of claim your spouse agree to (or disagree to) which would give everyone a direction of what to prove in court.

Counter Claim in a divorce matter

Your spouse might want to file a counterclaim. In the same manner, as you outlined your case as to what you want from the court and the reasons therefore in your particulars of claim, your spouse can do this in a counterclaim. A counterclaim might still be filed if your spouse agrees to a divorce, but maybe wants primary care of the children, but in your particulars of claim, you asked for primary care. You should then within 10 (ten) days plead to the counterclaim in the same manner in which your spouse pleaded to your particulars of claim.

Obtaining a Trial date for your Divorce

Once you received the plea, with or without a counterclaim, or have pleaded to your spouse’s counterclaim, you should then approach the clerk/registrar of the court for a trial date. This you or your spouse may do. Various processes may take place up until obtaining a trial date. These include pre-trial conferences and judicial case management proceedings etc. I will not deal with those items herein.

Discovery in Divorce matters

While you are waiting for a trial date, and long before that date, you may ask or may be asked to provide under oath a schedule of books and documents in your possession and under your control relating to the divorce. This could be policy documents, title deeds etc., and which you or your spouse might want to make use of at trial. Once you received this schedule you may inspect and request copies of the documents.

Divorce day / Trial day

If your spouse does not defend the divorce within the allowed time period, go back to court and ask for an unopposed divorce date and attend to your divorce on that date. If however, your divorce is defended, a trial should ensure. During the trial, each party will prove his or her case. Witnesses will be called and at the end, the Magistrate or Judge will deliver the verdict. Best of luck, and please, don’t take my word, contact a legal practitioner should you decide to get divorced. Kind regards, Advocate Muhammad Abduroaf (Cape Town | Western Cape) LL.B & LL.M (Master of Laws) Constitutional Litigation Advocate of the High Court of South Africa Supplied by: Our Lawyer (Pty) Ltd Office: 0211110090 View the following related pages: Free DIY Online Divorce Guide and Form A divorce guide in PDF format A Sample Summons in Word format A Particulars of Claim in Word Format A notice of Set Down in Word Format

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. Or click here for the details of Cape Town Advocate, Muhammad Abduroaf.