Parenting plan in terms of the Children’s Act

A parenting plan becomes relevant when parents cannot reach an agreement on how they should be splitting their responsibilities towards their child/children. However, the High Court prefers having parents trying to establish a common ground first through mediation services or mutual understanding before resorting to the court. The aim of mediation is to try and settle a dispute out of court and help the two parties establish an understanding regarding their children. In terms of the Children’s Act; it is aimed at preserving the child’s best interests and not that of the parent’s. It therefore encourages parents to fulfill their duties and responsibilities towards their children even after divorce. For more on professional legal drafting on parenting plans, call our law offices for an online appointment for a professional legal consultation today.

How to draft a parenting plan

Drafting a parenting plan will sometimes need the guidance and expertise of a professional family legal expert, especially when the dynamics of the matter can become complex. For more on how to go about parenting plans, click on the link below: Should you wish to consult with a family legal expert one on one, feel free to call our offices on 021 424 3487 for an online appointment today.

The Family Advocate parenting plan

First of all, the function of the Family Advocate is to help parents reach a mutual agreement about their shared duties and responsibilities towards the child. If an agreement cannot be reached, a recommendation to the court will be made and matters will be taken further. The Family Advocate also deals with matters of divorce, child custody, visitation arrangements etc. The court however, will be last resort. For more on divorce, child custody, child maintenance, parenting plans, call our law offices today and have our friendly receptionist make an online appointment for you. Are you residing out of Cape Town? Call our national number on 087 701 1124 today. Connect with us!      
Posted on by Telelaw

Parenting plan in terms of the Children’s Act

A parenting plan becomes relevant when parents cannot reach an agreement on how they should be splitting their responsibilities towards their child/children. However, the High Court prefers having parents trying to establish a common ground first through mediation services or mutual understanding before resorting to the court.

The aim of mediation is to try and settle a dispute out of court and help the two parties establish an understanding regarding their children. In terms of the Children’s Act; it is aimed at preserving the child’s best interests and not that of the parent’s. It therefore encourages parents to fulfill their duties and responsibilities towards their children even after divorce.

For more on professional legal drafting on parenting plans, call our law offices for an online appointment for a professional legal consultation today.

How to draft a parenting plan

Drafting a parenting plan will sometimes need the guidance and expertise of a professional family legal expert, especially when the dynamics of the matter can become complex. For more on how to go about parenting plans, click on the link below:

Should you wish to consult with a family legal expert one on one, feel free to call our offices on 021 424 3487 for an online appointment today.

The Family Advocate parenting plan

First of all, the function of the Family Advocate is to help parents reach a mutual agreement about their shared duties and responsibilities towards the child. If an agreement cannot be reached, a recommendation to the court will be made and matters will be taken further.

The Family Advocate also deals with matters of divorce, child custody, visitation arrangements etc. The court however, will be last resort. For more on divorce, child custody, child maintenance, parenting plans, call our law offices today and have our friendly receptionist make an online appointment for you. Are you residing out of Cape Town? Call our national number on 087 701 1124 today.

Connect with us!

 

 

 

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Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.

Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference.

Expertise and Specialisation

One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.

Personalised Approach

We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.

Commitment to Excellence

At Advocate Muhammad Abduroaf, excellence is not just a goal – it’s our standard. We are committed to providing our clients with the highest quality legal services, characterized by thorough research, meticulous attention to detail, and strategic thinking. Our track record of success speaks for itself, with numerous satisfied clients who have benefited from our dedication to excellence.

Responsive and Accessible

Legal matters can be stressful and overwhelming, so we prioritise responsiveness and accessibility. Our team is readily available to address your questions, concerns, and needs throughout your case. Whether you prefer to communicate via phone, WhatsApp, email, or in-person meetings, we are here to provide you with the support and guidance you need when you need it.

Cost-Effective Solutions

Legal representation shouldn’t break the bank. That’s why we are committed to providing cost-effective solutions that deliver value for our clients. We offer transparent billing practices and strive to minimise unnecessary expenses wherever possible, ensuring you receive top-notch legal services without the hefty price tag.

Ethical and Professional Conduct

Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:
    • Tel.: 021 111 0090
    • Email.: [email protected]
We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

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Draft you own Divorce Summons and Particulars of Claim, Western Cape High Court, Cape Town

In South Africa, a court of law would be approached to divorce a couple if the marriage broke down irretrievably. In other words, the marriage cannot be saved. Once a decree of divorce is granted, then spouses are immediately allowed to remarry and move on with their lives.  This is what is hoped and expected. There are however factors that may keep spouses connected post-divorce. This could vary from couple to couple.

Connecting former spouses post-divorce

If there are minor children born from the marriage, then the parties may have to deal with each other in relation to child maintenance, and visitation after the divorce. If it is ordered or agreed upon prior to the divorce, that one spouse should pay personal maintenance to the other spouse, or alimony, then on that basis the parties may have to continue dealing with each other after the divorce.

The divorce process in South Africa

Many spouses contemplate getting divorced. However, do not know what procedures need to be followed. Only courts of law in South Africa can divorced couples. And not every court is authorised to do so. For examples, the criminal courts or tax courts will not be able to divorce a couple. The High Courts and the family courts would be able to divorce a couple. The entire legal process starts with the issuing of a summons out of the relevant court.

Issuing of a Summons from the divorce court

A summons is a legal document that needs to be drafted. The summons will be issued out of the court that has jurisdiction to attend to the divorce. Usually, it would be the court that deals with divorces where one of the parties resides in.   The registrar of the court would sign and stamp the summons and provide a case number. Basically, a court file is opened.

Particulars of claim

Attached to the summons would be a Particulates of Claim. This document basically outlines certain relevant information to the divorce court. For example, when the parties were married and details of minor children if any and the reasons for the breakdown of the marriage. The other party and the court would, therefore, know what issues they are going to deal with. Below you will find an example of a Particulars of Claim. You will also find an online form which you can complete to assist you in starting that divorce process.

Example of information in a Particulars of Claim

1. The Plaintiff and the Defendant are as described on the face on the summons. 2. The Defendant and/or Plaintiff are domiciled within the area of jurisdiction of this Honourable Court. 3. On 01 January 2000, at Cape Town, Western Cape, the parties were married In Community of Property, and the marriage still so subsists. Kindly find attached a copy of the marriage certificate marked “A”. 4. Plaintiff avers that by virtue of the following facts and circumstances the marriage relationship between the parties has broken down irretrievably and that there is no reasonable prospect for the restoration thereof in that: 4.1 There is no love and affection and meaningful communication between the parties; and 4.2 The Parties do not wish to live as husband and wife.

WHEREFORE PLAINTIFF PRAYS FOR:

A. A Decree of Divorce; B. Equal division of the Joint Estate; C. Costs, only in the event this action is defended; and D. Further and / or alternative relief. DATED AT SIGNED AT CAPE TOWN THIS___DAY OF __________________2020.   ______________________ Per: JOHN WILLIAMS (Plaintiff in Person) 4 Green Street, Greenland, WESTERN CAPE TO: THE REGISTRAR HIGH COURT CAPE TOWN AND TO: JANE WILLIAMS 1 Apple Street, Apple Town, WESTERN CAPE

Complete the free online divorce form below to assist you with your unopposed divorce.

If you want to attend to your own uncontested divorce, we can to help you at no charge. Fill in the form below, and then our system will send you an email with the details you provided, which you should include in the divorce documents. [ninja_form id=35]    

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