Relocation and repatriation of minor children during the South African National lockdown. Is it possible if there is no consent from the other parent?

Many parents before the lockdown had the intention to relocate to another country. It goes without saying that whatever plans they had to relocate at the start of the lockdown, was placed on hold. Having passed day 100 of the national lockdown, things have since changed. Domestic travel has been allowed under certain circumstances and many people have been repatriated to their home countries. International travel, other than that for repatriation is allowed under certain circumstances. We advise those parents who wish to leave South Africa to consult the relevant regulations and the laws applicable to the country you wish to travel when deciding to leave South Africa.

The high unemployment rate in South Africa due to the National Lockdown

Then there is the issue of unemployment. The South African economy is not in good shape, and many businesses have closed due to the lockdown and COVID-19. Many people lost their jobs and various forms of income due to the pandemic. Not being able to work, means not being able to pay for accommodation, food, clothing and school fees, to mention a few. Those people who lost their jobs may wish to seek employment and other economic opportunities abroad. For such parents, relocation may be the best option for them and the child concerned. If repatriation is possible, this option may be better.

Gaudian consent is required for the repatriation or relocation of minor children

But what about those parents who may relocate with their minor children, but does not have the consent of the other parent. What can that parent do under those circumstances? As the law stands, both parents who have parental responsibilities and rights of guardianship must consent for the removal of the minor child from South Africa. A mother naturally has guardianship rights over her child. Father’s, on the other hand, would have full guardianship rights over the child if he was married to the mother or if he materially formed part of the child’s life. If he was just part of the conception of the child, and never married the mother, then he would not have any guardianship rights.

If no consent is obtained, then the Court should be approached

If a parent, wishes to relocate overseas, or repatriate with a minor child, and the other parent does not want to consent thereto, then the Court must be approached for the necessary consent. At the end of the day, the court would decide and look at what is in the child’s best interests. Considering the COVID-19 pandemic, this factor would now also be considered. The court would have to consider the state of the pandemic in South Africa, as well as the country to which the parent wishes to relocate, with a range of the usual factors.

Legal Articles on the relocation of minor children

Have a look at the following articles on the issue of relocation of minor children. Passport Application of a Minor Child and Consent – Department of Home Affairs Consent for a minor child for relocation and passport application Frequently asked questions regarding relocation and consent when it comes to minor children I want to relocate with my minor child. what do I need to know with regard to the law?

We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Posted on 11 February 2025 by Telelaw

Relocation and repatriation of minor children during the South African National lockdown. Is it possible if there is no consent from the other parent?

International travel, other than that for repatriation is allowed under certain circumstances. We advise those parents who wish to leave South Africa to consult the relevant regulations and the laws applicable to the country you wish to travel when deciding to leave South Africa.

The high unemployment rate in South Africa due to the National Lockdown

Gaudian consent is required for the repatriation or relocation of minor children

A mother naturally has guardianship rights over her child. Father’s, on the other hand, would have full guardianship rights over the child if he was married to the mother or if he materially formed part of the child’s life. If he was just part of the conception of the child, and never married the mother, then he would not have any guardianship rights.

If no consent is obtained, then the Court should be approached

Legal Articles on the relocation of minor children

Have a look at the following articles on the issue of relocation of minor children.

Passport Application of a Minor Child and Consent – Department of Home Affairs

Consent for a minor child for relocation and passport application

Frequently asked questions regarding relocation and consent when it comes to minor children

I want to relocate with my minor child. what do I need to know with regard to the law?

Should you require business advice or services, feel free to click on these links:

Business SA | Private Legal | Envirolaws

Relocation with my minor child to China, Guangzhou (Consent and Refusal) – Advocate Muhammad Abduroaf
The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you.
Relocation of your minor child to Guangzhou, China
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages one or two) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Randburg or Lebowakgomo, South Africa, and you want to relocate to Guangzhou, China, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation.
What about Passport Consent to travel or relocate to Guangzhou, China?
The same applies when it comes to your minor child applying for a South African passport to relocate to China, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken.
What are the steps to follow when I want to relocate to Guangzhou, China with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Guangzhou, China.
What can I do if the other parent does not want to consent to the minor child’s relocation to Guangzhou, China?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Guangzhou, China, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Guangzhou, China. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Guangzhou, China, the Court would make it possible despite the issue of consent or refusal.
What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Guangzhou, China?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Guangzhou, China – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Guangzhou, China, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself.
Getting legal assistance or help with your relocation application to Guangzhou, China
If you require legal assistance or representation with relocating to Guangzhou, China due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Posted on 11 February 2025 by Telelaw

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.

Posted on 11 February 2025 by Telelaw

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Empangeni.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Empangeni
Whether you claim child maintenance in Empangeni, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Empangeni.
The maintenance scenario – Empangeni South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
The Child is seven years old and attends school in Empangeni
The child is cared for by the mother who works in Empangeni
The mother works and earns a Salary of R 10 000
The father sees the child every second weekend. He also lives and works in Empangeni
The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
The father earns a reasonable salary and can afford the R 20 000 – 00 per month
The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Empangeni, it would be the maintenance court in Empangeni. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Empangeni, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Empangeni Maintenance Court?
Once you have been notified of the maintenance court date by the Empangeni Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Empangeni?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Empangeni Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Empangeni Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles 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, Empangeni, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Is my landlord allowed to evict me and my family during the National Lockdown if we cannot pay our rent? What are my legal rights considering COVID-19?

We are today experiencing day 99 of the South Africa national lockdown. Many people are out of work, and unable to pay their rent, mortgage bonds and so on. COVID-19 came with it a lot of challenges and drastically affected everyone’s lives. During this period, Our Lawyer received many queries regarding the eviction of people from their homes during the national lockdown. As people cannot pay their rent or monthly mortgage bond repayments, eviction is on many people’s minds.

Commercial Rent Defaulters during the National Lockdown

This article does not deal with the eviction from commercial property. For example, it would not apply to you if you are a business owner and cannot afford to pay your commercial rent. Here reference can be made to gyms, fitness centres, nightclubs, and those other businesses specifically prohibited from operating during the lockdown. As well as those businesses which are struggling to survive during the lockdown. In such a case, the current lockdown regulations won’t be of much use. You and your business would be left at the mercy of the court. Nonetheless, we are sure the courts would be sympathetic depending on your specific situation.

The default of mortgage bond payment – Do the Regulations assist?

If you are unable to pay your bond, the bank must first take you to court and ultimately be able to declare your property executable. Once this is done, then the property would be sold at a public auction. If you decided not to leave after the sale, then the new owner would have to consider eviction proceedings. At that point would this article apply to you. Now moving on.

Evictions at the start of the lockdown – What was the law then?

At the start of the lockdown, evictions where prohibited. However, now in alert level 3, things are the same, but not quite. Have a look at this article posted at the start of the lockdown, “Occupants and tenants may not be evicted from their homes during the National Lockdown. This is so even if you are in arrears with your rent or bond, or the lease has been terminated.”

Latest eviction regulations in South Africa – Has things changed?

In terms of the current Disaster Management Act Regulations, eviction orders are to be stayed and suspended until the last day of the alert level 3 period. This only relates to your home or land. The court dealing with the eviction matter may order that the eviction not be stayed and suspended if it decides that it is not just and equitable to do so until the last day of the Alert Level 3 period. However, if the court determines it isn’t just and equitable to suspend the eviction order, it may order that the eviction takes place during level 3. The regulation reads as follows:

(1) Subject to subregulation (2), a person may not be evicted from his or her land or home during the period of Alert Level 3 period.

(2) A competent court may grant an order for the eviction of a person from his or her land or home in terms of the provisions of the Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997) and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act No, 19 of 1998): Provided that an order of eviction may be stayed and suspended until the last day Of the Alert Level 3 period, unless a court decides that it is not just and equitable to stay and suspend the order until the last day of the Alert Level 3 period

Let us summaries: What does this mean to the ordinary tenant when it comes to evictions during the lockdown?

In short, your landlord, or owner of the property may approach the court to have you evicted from your home. However, should the court determine that you are an unlawful occupier of the land or premises, it would grant an eviction order, but make an order that it remains suspended until the end of alert level 3 unless the court decides that it would be just and equitable to order otherwise. Nothing, however, prevents the Minister from extending the eviction prohibition in alert level two or one when the time arrives. We will, however, have to wait and see. Read on to learn more about how evictions work. Evictions from your home must be lawful For an eviction to be lawful, the person evicting you must obtain a court order. Without a court order, the sheriff of the Court cannot remove you from your home. You can, therefore, refuse to vacate your home. During the lockdown, the sheriff of the court cannot remove you, even if he or she comes with a court order. Constitutional provisions regarding evicting people from their homes Section 25 of our Constitution states the following: “25(1) No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.” Furthermore, section, section 26 (3) of our Constitution states: “No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.”

Prevention of Illegal Eviction from Unlawful Occupation of Land Act of 19 of 1998 Therefore, for someone to be evicted, an application must be made to the court. The law applicable is the Prevention of Illegal Eviction from Unlawful Occupation of Land Act of 19 of 1998. It came into effect on 5 June 1998. In it, it lays down the procedure for the eviction of unlawful occupiers. In short, the owner or person in charge of the premises must follow the processes in the Prevention of Illegal Eviction from Unlawful Occupation of Land Act. It entails giving you notice to appear in court to say your say. The court would then decide whether or not you should be evicted after hearing both sides of the story. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Child Custody battles. What are the frequently asked questions mothers and fathers pose when it comes to children disputes?

Our courts are inundated with child custody matters. Parents who were once in love and supportive of each other, now find themselves embroiled in a very sensitive and emotional legal battle. The question that is posed; who can best care for the minor child? Is it the mother or the father? Should things remain the same, or is a change warranted. As you would see below, when deciding on where a child should primarily reside, the court would need to determine what is best for the child. The court is hardly concerned with the wishes and preferences of the parents. Their interests are secondary. However, the court has to consider all factors. That includes the domestic situation of both parents and their ability to care for the child.

I am worried about my child custody case. How can a father lose a child custody battle?

A father will lose a child custody battle if he cannot prove that it is in the child’s best interest that he has custody over the child concerned. It is important when either parent wants a change in the living arrangement for minor children, they need to focus on what is best for the kids, and not them.

I am the biological father of a 10-year-old child. What percentage of fathers win child custody cases?

That would be impossible to say. However, there is an increase in fathers “winning” child custody cases. It must be stated that each custody case is different. Therefore, unless the facts favour a parent having custody over the other, the status quo would remain. Moreover, a father who does not have a case to start with will lose his case. The same would apply to a mother should the father have primary care over the child.

Is it possible for a judge or magistrate to give 50/50 custody over a 15-year-old child?

Yes, it can happen if the parents agree to it. The other way is if the court finds it in the child’s best interests to do so. It all depends on the facts of the case. If parents live far from each other, then it won’t make sense. The same would apply if one parent works late in the evening and unable to care for the children during the day.

Who is most likely to get custody of a child who is not attending school yet?

The parent who the child is more accustomed to, and can better care for the child would most likely get custody over a child who is not attending school yet. Here one has to look at physical, emotional and psychological care as well. Other aspects which may be applicable when the child is older is the ability to assist the child with school work and extramural activities.

I am the biological father of a minor child. How do I prove I am a better parent in court?

You would need to prove that you can care for the child much better than the other parent can. This not only applies to physical needs but also emotional, psychological and educational needs etc. The past is a big determinant of the future. Therefore, if you have always been caring well for the child, then the courts would usually leave things the way they are unless the is a change in circumstances.

I am a single mother fighting to keep my child. How does the court of law determine custody?

Custody is determined based on what is best for the child. The court looks at many factors relevant to your specific situation. These include the ability of the parent to care for the child both physically, emotionally and psychologically. If at the end of the day, the court sees that it would be best for you to have custody, it would order so.

Can text messages be used in a child custody court?

Yes, it can be used if it proves something relevant in a case. For example, the mother saying that she was out whole night partying and left the child with a stranger. The SMS would however not be seen in isolation. The court would have to look at the mother and father’s ability to care for the child. If the father has no experience in caring for the child, then the court would most likely let the minor child remain in the mother’s care.

I just gave birth to my second child. Can a mother lose custody for not having a job?

It is not a requirement to have a job to have custody over a child. If the other parent can contribute towards child maintenance, then that would be used to attend to the needs of the child. Therefore, the mother should apply for more child maintenance if she loses her job.

How can a narcissist win a child custody case?

A narcissist can win a child custody case if he or she can prove that despite being a narcissist, he or she would better care for the child. Being a narcissist does not mean you cannot care for the child. It is also possible that both parents are narcissists. What do you do then? Therefore, the court would look at what is best for the child under the circumstances.

I was never married to my child’s mother. We broke up years ago. When should a father fight for custody?

A parent should always do what he or she thinks is best for the child. If it means fighting for a child, then that is what he or she should do. Therefore, the father should fight for custody if he believes that he can best care for the minor child. If he does not believe he can, then he should leave the child in the mother’s primary care if that is best.

I am unable to speak rationally to the mother of my child. Who gets physical custody?

It is unfortunate when parents fail to speak rationally to each other when it comes to their children. A child must be cared for by the parent who can best physically, emotionally and psychologically care for him or her. It is sometimes hard to determine which parent can best physically care for a minor child. If the matter goes to a court of law, then the parent who can best care for the child primarily would get physical custody of the child.

I do not earn a lot of money. How can I win a child custody case without a lawyer?

Legal services can be very expensive. And some cases can take very long to be finalised. There is however no need to make use of a lawyer in a child custody case. It is however always advisable to make use of one if you can afford it. It is possible to win a child custody case either way if you can prove that you can better care for the child.

I broke up with the father of my child soon after he was born. Can a good mom lose custody? My child is now 15 years old.

It is very rare for a good mom to lose a child custody case. If there is a custody battle, the father may have to prove that the 15-year-old child wants to live with him and that he can better care for the child despite the mom being good. In this case, the view of the child is taken into consideration. If the father cannot prove that he can better care for the child, then the child would remain with the mother.

I pay child support and regularly try to see my child. Can a father be denied joint custody?

Paying child support and rights of contact are two separate issues. When it comes to issues of custody regarding children, the law looks at what is best for the child concerned. Therefore, yes, a father can be denied joint custody if it is not in the child’s best interests despite him paying child support. The court would also have to look at the mother’s situation if relevant when making an order that the father is denied access.

Can one parent keep a child from the other parent without a court order?

Parents must always act in the child’s best interests. A parent who always had contact or access to a child should continue to do so unless it would be detrimental to the child. Therefore, no, he or she may not keep a child from the other parent unless he or she believes that the child would be in imminent harm or danger. However, we strongly advise that should a parent believe that it is in the child’s best interests not to have contact with the other parent, that he or she first consult with a child care expert, psychologist or social worker. This is important as the other parent may lay a complaint to the police or to the court. You can then say that your decision was based on expert advice. This is especially so if there is a court order in place.

I hate my child’s father. How can I avoid joint custody?

A child should have both parents in his or her life. Therefore, joint custody, if it is in the child’s best interests must be upheld, despite hating the other parent. This should be the case despite the issues the parents have with each other. Having said that, to be successful, you would need to show the court that the child would best be cared for by having one primary caregiver. You would then have been successful in avoiding joint custody.

I can only find a job as an escort. Can you lose custody for escorting?

Escorting, when done lawfully, could lead someone from losing custody if it would affect his or her ability to care for the child. Parents have many professions, and it would be wrong to say that parents with certain lawful occupations are not allowed to have custody because it involves lawful escorting. Therefore, unless one can prove that lawful escorting would affect the custodial parent’s ability of caring for the child; it would not affect the custody rights.

I only see my child every second weekend. Do I have the right to know who my child is around?

Every parent needs to know where his or her child is, and with whom the child is with at any given time. We are living in dangerous times, and it would only serve the child well if both parents know where the child is and with whom the child is with. However, if a child is with a parent, and the parent visits a friend or goes out to lunch with that friend and the child is with, it may be unreasonable for the other parent to demand to know such information. As long as the parent knows that the child is with the other parent, that should be enough. He or she may check in on the child later during the day.

How can a mother win custody of a child?

When it comes to child custody cases, the law looks at what is in the child’s best interest. If there is a custody battle or dispute, the parent who would be successful is the one who can show that the child’s best interest is met. Therefore, a mother can win custody if she can prove that she can better care for the child than the father. The opposite also applies. If the father can prove that the child would be best cared for by him, he would “win” the custody case.

Can a stay at home mom get custody?

Any parent can get custody over a child. This applies to mothers and fathers whether or not they are stay at home parents, working or unemployed. He or she must prove that having custody would be in the child’s best interests. Therefore, a stay at home mom can get custody over a minor child. The same applies to the father