Parental Child Abuse in Child Custody Matters

This article is connected to the topic Child Custody and Visitation Court Applications. It may be useful to read up on it before proceeding to read further. Otherwise, read on to find out more about parental child abuse and the legal aspects surrounding it. Parental Child Abuse is a common occurrence in our society. This article does not deal with the merits or demerits of parental child abuse. However, it gives light on this aspect in a child custody case.

What are the common forms of child abuse?

Child abuse can take many forms. This includes physical, emotional, sexual or psychological abuse. Each case may be different. However, the common theme, in a child custody situation would be that the child is being detrimentally affected by the parent’s conduct. Therefore, should a parent beat the child, neglect the child, or cause harm to the child, it would be seen as abuse.

What happens in cases of child abuse?

Of course, in extreme cases of abuse, such parent would be refused contact completely. This is especially in the case where the child would be traumatized should he or she have contact with the parent. However, what often happens, is that a parent would be granted supervised contact to his or her child. This is done to benefit both parent and child.

What to do when your child is being abuse by the other parent?

There are various things you can do to protect your child who is being abused. Those include going to the police, obtaining a protection order, or limiting the other parent’s rights with an order of court.

Should you approach the Domestic Violence Court?

As a parent, you may apply to the domestic violence court for a protection order on behalf of your child. This may be the best route to follow.

What about Court Application limiting parental rights?

Should there be a court order in place, affording a parent parental responsibilities and rights, you can apply to vary it. This would be applicable when supervised contact would be in the minor children’s best interests. The court would listen to both sides, and make a decision.

When should you consult with a lawyer?

Seeing that you are dealing with parental rights and responsibilities, it is best to first try to resolve issues with the other parent. If that does not work, then try mediation. Should that still not work, see a lawyer who would advise you on what would be best for you and your child. If need be, a Court application would have to be launched

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 more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.  

Parental Child Abuse in Child Custody Matters

This article is connected to the topic Child Custody and Visitation Court Applications. It may be useful to read up on it before proceeding to read further. Otherwise, read on to find out more about parental child abuse and the legal aspects surrounding it.

Parental Child Abuse is a common occurrence in our society. This article does not deal with the merits or demerits of parental child abuse. However, it gives light on this aspect in a child custody case.

What are the common forms of child abuse?

Child abuse can take many forms. This includes physical, emotional, sexual or psychological abuse. Each case may be different. However, the common theme, in a child custody situation would be that the child is being detrimentally affected by the parent’s conduct. Therefore, should a parent beat the child, neglect the child, or cause harm to the child, it would be seen as abuse.

What happens in cases of child abuse?

Of course, in extreme cases of abuse, such parent would be refused contact completely. This is especially in the case where the child would be traumatized should he or she have contact with the parent. However, what often happens, is that a parent would be granted supervised contact to his or her child. This is done to benefit both parent and child.

What to do when your child is being abuse by the other parent?

There are various things you can do to protect your child who is being abused. Those include going to the police, obtaining a protection order, or limiting the other parent’s rights with an order of court.

Should you approach the Domestic Violence Court?

As a parent, you may apply to the domestic violence court for a protection order on behalf of your child. This may be the best route to follow.

What about Court Application limiting parental rights?

Should there be a court order in place, affording a parent parental responsibilities and rights, you can apply to vary it. This would be applicable when supervised contact would be in the minor children’s best interests. The court would listen to both sides, and make a decision.

When should you consult with a lawyer?

Seeing that you are dealing with parental rights and responsibilities, it is best to first try to resolve issues with the other parent. If that does not work, then try mediation. Should that still not work, see a lawyer who would advise you on what would be best for you and your child. If need be, a Court application would have to be launched

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 more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share.

Should you require any other legal services and advice, not related to family law, visit Private Legal.

 

Related Post

Best advice on finding a top divorce lawyer for your divorce case in Claremont, Cape Town

Do you live in Claremont, 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 Claremont 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 Claremont 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 Claremont?

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.

The Magistrate’s Permit – Movement of Children during the Lockdown

View the new regulations on Movement of children during the Lockdown

(Regulation 17)

Download this flyer by clicking here. Feel free to share it.

In order to move children between homes, you require the following:

1. Court Order; or

2. Parenting Plan registered with the Office of the Family Advocate; or

3. Parental responsibilities and rights agreement registered with the Office of the Family Advocate; and

4. The household to which the child has to move must be free of COVID-19.

Or

A Magistrate’s Permit

3 Steps to obtain a Magistrate’s Permit:

1. Visit your Magistrate’s Court.

2. Take with the child’s birth certificate or certified copy.

3. Provide written reasons as to why the movement of the child is necessary.

The household to which the child has to move must be free of COVID-19.

Download this flyer by clicking here. Feel free to share it.

Do you require a video legal advice consultation?

Click here and schedule one today!