I would love to have contact with my child on Father’s Day. Her mother is refusing me contact. What does the law say when it comes to the rights of a father?

The Father

Unpacking the law

Parental responsibilities and rights of married fathers

Best interests of the child

Best interests of the child standard

Definition of “Care”

Conclusion on the rights of a father on Father’s Day

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Swellendam Children’s Court

Family law legal matters can be very stressful. This is so whether you live in Swellendam or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.

This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Swellendam. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Swellendam or any other city in South Africa.

What to do before visiting the Swellendam Children’s Court

Before you approach the Children’s Court in Swellendam, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Swellendam has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Swellendam Children’s Court for assistance.

TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.

Approaching the Swellendam Children’s Court

The Swellendam Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Swellendam Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.

Once you arrive at the Swellendam Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.

In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:

• PART A: PARTICULARS OF CHILD(REN)
• PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
• PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
• PART D: PARTICULARS OF MATTER

In part D, the following is stated which you need to provide in the form:

• Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
• Documents: Are there any documents relating to the matter? (If so please attach)

Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Swellendam.

TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.

Processing your Application at the Swellendam Children’s Court

Once you complete the Form A and submit it to the Clerk of the Swellendam Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.

TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.

Appearing in the Swellendam Children’s Court

When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:

• Get a social worker involved in the matter;
• Appoint a legal representative for the minor child;
• Implement interim care and contact arrangements;
• Having the parties attempt to agree on a parenting plan;
•  

In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.

TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.

Finalising the matter in the Swellendam Children’s Court

Once the Swellendam Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.

TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.

The above Swellendam Children’s Court Application tips 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, Swellendam, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Tax and UIF Frequently Asked Questions

Can you file your taxes on your own? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? How do you do your taxes for free? Can I file my taxes online? Is it safe to do your taxes online? Where can you get tax forms? What you need to do your taxes? How long does it take for you to do your taxes? How do you pay income tax if you are self employed? What is a person who does taxes called? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? How much should I earn to submit a tax return? Is SARS open on weekends? How much do you need to earn to pay tax in South Africa? What do you need to take to SARS? What does the tax number look like? What is a tax number? How do I register for e-filing? What is the use of SARS E-filing? What is the tax reference number? How many numbers are in a tax number? Is SARS call Centre number toll free? What is meant by provisional tax? How do you know what your tax return will be? How long will it take me to do my taxes? What you can claim on your taxes? What are the documents required to file income tax return? Can you file your taxes on your own? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? What is your taxable income? How do you calculate tax? How long does it take to get your tax refund? How do you figure out your taxable income? How do I get my tax return? How does a tax right off work? What is the income tax percentage? What is an income tax refund? How much is tax on income? What is the income tax? What are the tax rates for 2018? How do you calculate the tax rate? How much is tax when you buy something? What percentage of your income goes to taxes? How do you figure out the tax on a total? How much does the average South African pay in taxes every year? How much is the tax on food? How do you figure out property tax? How do you take taxes out of your paycheck? How do you do a 20% tip? How do I collect my tax return? What is the difference between a tax return and a tax refund? How do you owe taxes? Can I get tax refund in South Africa? How can I get a copy of my taxes? Do you get your money back from taxes? How far can you go back on your taxes? What is the meaning of income tax refund? How do you know what your tax return will be? How do you file your tax return? How much tax do you pay if you earn R10000 a month? How much does it cost to file taxes with SARS? How do you calculate tax? What is your taxable income? Can I file my 2015 taxes in 2018? Does SARS owe me money? Why do you get a tax refund? How long does it take to get your tax refund? What is it called when you get your tax money back? How many years do you have to file a tax return? How long does it take to get your tax refund in the bank? How long does it take to get your tax refund direct deposit? What is the tax return? What is the estimated tax payment? What is the meaning of tax threshold? What is a SARS tax return? How many days will take for SARS to refund? What is a payroll withholding tax? How do we calculate taxable income? How much money do you have to make before you have to pay taxes? Can you go to jail for not filing a tax return? How long can you go without filing a tax return? What happens if you forget to file taxes? How far can SARS go back on unfiled tax returns? How do I get my tax return? How does a tax refund work? How do you do tax deductions? How can I get a copy of my taxes? How do you know what tax bracket you re in? How do you calculate the tax rate? How do you calculate tax? What is your taxable income? What is taxable income and how is it determined? What is not taxable income? What is an example of an income? Is taxable income and net income the same thing? How salary is taxed in South Africa? What is the taxable income on the income statement? How do you calculate UIF? How much should I earn to submit a tax return? How much tax do you pay for PAYE? How do I calculate my hourly rate from my salary in South Africa? How much do you need to earn before paying tax? How much salary we have to pay income tax? When you have to pay tax? How long does it take to get your UIF money? How much money do you have to make before you have to pay taxes? What is the current tax year in South Africa? What percentage of salary is UIF? How do you figure out your taxable income? What is the maximum amount that can be deducted for UIF? How much money do you get from unemployment? How do you calculate your unemployment benefits? Can you get UIF if you resign? How do you know how much you will get for unemployment? How much does UIF pay out on maternity leave? What do I need to apply for UIF? How do you register as a work seeker? How long after retrenchment can I claim UIF? Can you claim unemployment if you abscond? Can you claim UIF if you go on pension? How do I pay UIF for my domestic worker? When can you claim UIF in South Africa? How do you figure out your severance pay? What is a reasonable severance package? How do you calculate severance package? How do they calculate severance pay? How much tax is deducted from severance pay? How much do you get in a severance package? How is a lump sum severance payment taxed? How is a severance package paid out? Can you negotiate a severance agreement? What do you get in a severance package? Are severance payments taxable income? When an employee is terminated? Is a severance package required by law? What is the statutory redundancy pay? Do you get a severance package if you get laid off? What is a tax preparer called? What you need to do your taxes? How do you pay income tax if you are self employed? How do you benefit from the taxes you pay? What is a tax return? Can you file your taxes online? How do u start your own tax service business? Can you use an auditor to file for previous years of tax?