Are you interested in finding out more about doing your own divorce? While this can be more economically viable option, you will need the assistance of the legal expert to guide you along the way. Our website has been designed to navigate easily for the layperson. The creators of this website have also tried to make content easy to navigate. With this in mind, we have supplied a number of free, expert legal advice articles that has been carefully crafted by the legal expert himself. According to the legal expert stated in Do Your Own Unopposed Divorce, the following will need to be done: A summons needs to be drafted which will 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 divorce, 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. There are however specialized divorce courts that may attend to a divorce as well. You should then draft a 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. This particulars of claim you attach to the summons. Here is an example of a summons and particulars of claim for a divorce for a couple married in community of property with no children getting divorce in the High Court in Cape Town. For more on how to go about your DIY Divorce, see our Do Your Own Unopposed Divorce and make an online appointment with us today by calling our friendly receptionist at 021 424 3487.
Contested divorce in South Africa
When it comes to contested divorce – we’re talking long Court procedures due to overbearing court rolls. First of all, a contested divorce is a divorce in which both, or one party opposes the divorce and is not in agreement of the divorce. We have found that the parties becomes overly emotional about the process and tend to lose track of the bigger picture. This is a major contributing factor that adds to dragging process. However, our legal expert would always inform parties that easy divorces are generally rare (even in a case of an uncontested divorce). One too many times, where there’s children involved, you will find issues of child custody, visitation rights and child maintenance will arise in the process. As advised on How to Win Your Divorce Case article, it is encouraged to acquaint yourself with the laws regarding child maintenance. The following scenario is highlighted for instance: Lets say a couple was married for 10 (years). They married in community of property. In other words, they share in everything. There are 2 children born from the marriage. They live in a home that is bonded, but purchased by the wife before the marriage. The bond is only registered on her name, and gets deducted from her personal banking account. The father however does not work, but attends to the household, which includes cleaning, taking the kids to school, making food etc. When the children are ill, the father would be the one who stays up caring for them. School projects and homework is also attended to by the father. The father does some web designing work for income, but his income is minimal compared to that of his wife. The best would be to enter into a parenting plan. For more on this, read our How to Win Your Divorce Case article on our web page. Call our law offices on 021 424 3487 to make an online appointment with us for a professional legal consultation today!
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Parents not agreeing on the school the minor child should attend
Having dealt with the critical aspect of a minor child receiving a decent education and them co-operating; parents sometimes have conflicting views on what type of education is in the minor child’s best interests. Disputes may arise as to what school the minor child should attend or the subjects they should do. Parents being unable to agree on the essential aspects of the minor child’s education can cause severe problems for the minor child’s future. The law does not expect parents to agree on all aspects of the minor child’s education. However, the disagreement should not compromise the minor child’s education. If there is an impasse, a parent must give in. The law, therefore, expects parents to agree on those important issues regarding the minor child’s education and work together on making the minor child’s educational journey as smooth as possible.
Where do most educational disputes stem from?
Most parental disputes regarding a minor child’s education arise when the parents are separated or not living together. Here the reference is made to divorced parents or parents who were in a relationship and now separated. This is unfortunate as the minor child already has to deal with having parents living in separate homes and sharing time with each parent. It is not the minor child’s fault that his or her parents are not together or have issues. An issue may be where one parent prefers a school closer to their home and the other closer to their work. Or a parent prefers the minor child to attend a school which historically excelled in sport or academia.
Issue of affordability of education
Other considerations are that of affordability or the cost of education. One parent may not be able to afford the school fees of the current or new school. These are challenges that are not easy to resolve. When it comes to money issues, it is difficult to find solutions without looking into the parents’ pocket. This also comes with its own challenges. This is so as you would have to firstly deal with the issue of what is a better school for the minor child, and then the issue of affordability, location and so on. It is easy to determine which school is in theory better than the other by ticking off boxes. However, if school fees would not be paid, the exercise may be futile, when dealing with schools outside the affordability bracket of the parents.
When does the issue of a change in schooling arise?
Most of the minor child’s educational disputes between the parents comes to play when the child has to enrol into a new school. Usually in grade R or grade 7. If the child is attending a school, parents would usually not bring up any issues until those grades have been completed (or are soon to be completed). As a primary care giver of your child, you would want to ensure that your child has a school ready to attend the following year. You would also want to ensure that the school is an ideal school, considering the fees, location, subjects they offer and so on. If you leave this issue of application and enrolment into schools too late, you may end up having to enrol your child into as school far from your home or work. It may happen that the school your child ultimately attends do not have the curriculum you want for your child.
Parental consent for enrolment into a new school
Schools require both guardians of a minor child to enrol them into a school. This is especially so if the father’s name is on the birth certificate. If the parents are separated, and either parent is uncooperative, the child may not get accepted into a school timeously or into the best-suited school for him or her. If parents have their own personal issues between the two of them, then the situation becomes worse. One parent may try to use his or her right to consent as leverage for something else. For example, he or she will only consent if her or she does not have to pay any school fees.
What do you do if parental consent is not provided?
If there is a dispute regarding the school your child should attend, and it cannot be resolved between the parents; we suggest you try to mediate the issue with an experienced mediator or family counsellor. If that does not happen because the other parent does not want to partake, or the outcome is unsatisfactory to you, then you would have to approach the Court for assistance in resolving the matter. This is unfortunate as the child is the one who would suffer as he or she would be attending the school. The Court can make an order that only one parent’s consent is required for the enrolment of the minor child into a school.
What does the Court look at when deciding on parental consent?
As always, the court always looks at what is in the minor child’s best interest when it comes to issues surrounding him or her. Therefore, when it comes to parental consent issues in relation to education, the court would have to decide what is best for the minor child. Is it best that the minor child attend school A, or School B.? Before the court so decides, it would firstly hear from both parents. It may even ask the Office of the Family Advocate to first investigate and give their recommendations.
Court overriding the parents rights
If the court orders that School B would be best, then it would order that the parent who does not support School B should provide his or her consent, failing which, his or her consent is dispensed with. This process can take very long and can become very expensive. It would have been best if the parents used their money towards the minor child’s education. At the end of the day, litigation does not serve the minor child in the long run, especially when it comes to his or her education.
