Factors to consider when searching for child custody, divorce or child maintenance lawyers?

[caption id="attachment_8801" align="alignleft" width="260"] Child Custody Lawyer, Divorce Lawyer, Cape Town[/caption] Not all lawyers are the same. Just as not all doctors are the same. You won’t go to a medical doctor who is a foot specialist (podiatrist) if you have a skin problem. For that, you will see a Dermatologist. This you would do, even if the podiatrist knows a bit about skin illnesses and diseases and is, nonetheless, a medical doctor. The same principles apply to the law and to lawyers. Various lawyers specialise in various fields of law. Some know more, and some know less. You won’t meet with a property lawyer if you have been accused of medical malpractice; or would you? You get the point we are trying to bring across.

Factors to consider when enlisting legal service from a legal practitioner

Location of the lawyer

The Cost or Fee of the Lawyer

Gender of the Attorney or Advocate

Availability of your lawyer

Experience of the lawyer

The language which is spoken by the lawyer

Don’t speak to me, speak to my lawyer

Professional services come at a fee

Matters regarding children

Where to find a family law practitioner?

Questions to ask a lawyer at your first meeting

Practical example on which lawyer to source

Looking for Family Legal Services in Lower Vrede- Child Maintenance, Child Custody, Visitation Rights and Divorce

Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Lower Vredearea, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in University Estate

Legal Advice in Lower Vrede – Family law legal topics

• Child Maintenance
• Ante-nuptial Contact
• Change Matrimonial Property Regime
• Child Adoption
• Child Custody and Access
• Domestic Violence Protection
• Family Trust Registration
• Fast Unopposed Divorces
• Non-Compliance with maintenance orders
• Parenting Plans
• Postnuptial Contract Registration
• Pre-nikkah Agreement

Child Maintenance

1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
2. Child Maintenance Question. How much should I pay or contribute as a p
3. Child Support or maintenance claims. Does an unemployed father pay?
4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
5. Tricks and tips on how to win your child maintenance case

Child Custody

1. The Law Regarding Children – The Children’s Act 38 of 2005
2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
3. How do I get full custody over my child?
4. Parental Child Abuse in Custody Cases
5. Relocate with minor child. Parent Refusing Consent for a Passport
6. Father being refused contact to his child! What are his rights as a Father?
7. Father’s Parental Responsibilities and Rights to his Child
8. Urgent Access to your Children without a Lawyer
9. Parenting Plans and the Law
10. What happens in a custody dispute where one parent is mentally ill?
11. How to win your child custody and access court case – Tips and Tricks
12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

1. How to Change your Matrimonial Property Regime
2. Do your own Unopposed Divorce. No lawyers needed and its Free.
3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

• Divorce guide
• Sample High Court Summons
• Particulars of Claim
• Notice of Set Down

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Lower Vrede

1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
4. We urge potential clients to read their email well as well as the terms and conditions within the email.
5. Only once payment has been made, will the face to face legal consultation be confirmed.
6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.

Free legal products if you live in Lower Vrede

1. Free Basic Will Tool Kit
2. Free Shariah Will Template
3. Free Divorce Starter Tool Kit
4. Free Child Maintenance Calculator
5. Free DIY Urgent Child Contact Toolkit
6. Urgent Holiday Contact Toolkit

I want to relocate from South Africa to Germany with my minor child. The other parent does not want my child to relocate to Germany. What can I do?

Germany is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to Germany, if a minor child will be joining that parent and also relocating to Germany, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to Germany. Before we do so, let us list the various cities and towns in Germany to which you may want to relocate: Baden-Württemberg , Aalen , Bad Mergentheim , Baden-Baden , Bruchsal , Esslingen , Freiburg im Breisgau , Freudenstadt , Friedrichshafen , Göppingen , Hechingen , Heidelberg , Heilbronn , Karlsruhe , Konstanz , Ludwigsburg , Mannheim , Offenburg , Pforzheim , Ravensburg , Reutlingen , Schwäbisch Gmünd , Schwäbisch Hall , Stuttgart , Tübingen , Ulm , Bavaria , Amberg , Ansbach , Aschaffenburg , Augsburg , Bad Reichenhall , Bamberg , Bayreuth , Berchtesgaden , Coburg , Dachau , Deggendorf , Dinkelsbühl , Donauwörth , Erlangen , Freising , Fürth , Füssen , Garmisch-Partenkirchen , Ingolstadt , Kempten , Landshut , Lindau , Memmingen , Mittenwald , Munich , Nördlingen , Nürnberg , Passau , Regensburg , Rothenburg ob der Tauber , Würzburg , Berlin , Berlin , Charlottenburg (district) , Spandau (area) , Tempelhof (area) , Tiergarten (area) , Brandenburg , Brandenburg , Cottbus , Eberswalde , Frankfurt an der Oder , Potsdam , Schwedt , Bremen , Bremen , Bremerhaven , Hamburg , Hamburg , Altona (district) , Hessen , Bad Homburg , Darmstadt , Frankfurt am Main , Fulda , Giessen , Hanau , Kassel , Lorsch , Marburg , Offenbach , Rüdesheim , Wiesbaden , Lower Saxony , Bad Gandersheim , Bad Harzburg , Braunschweig , Celle , Cuxhaven , Delmenhorst , Emden , Goslar , Göttingen , Hameln , Hannover , Helmstedt , Hildesheim , Lüneburg , Oldenburg , Osnabrück , Salzgitter , Stade , Wilhelmshaven , Wolfsburg , Mecklenburg-West Pomerania , Greifswald , Güstrow , Neubrandenburg , Peenemünde , Rostock , Schwerin , Stralsund , Wismar , North Rhine-Westphalia , Aachen , Arnsberg , Bad Godesberg , Bergisch Gladbach , Bielefeld , Bocholt , Bochum , Bonn , Bottrop , Brühl , Castrop-Rauxel , Cologne , Detmold , Dorsten , Dortmund , Duisburg , Düren , Düsseldorf , Essen , Gelsenkirchen , Gladbeck , Gütersloh , Hagen , Hamm , Herne , Hürth , Iserlohn , Jülich , Kleve , Königswinter , Krefeld , Leverkusen , Lüdenscheid , Lünen , Marl , Minden , Moers , Mönchengladbach , Mülheim an der Ruhr , Münster , Neuss , Paderborn , Recklinghausen , Remscheid , Rheine , Siegen , Soest , Solingen , Wesel , Witten , Wuppertal , Rhineland-Palatinate , Bad Kreuznach , Bingen , Boppard , Frankenthal , Kaiserslautern , Koblenz , Landau , Ludwigshafen , Mainz , Neustadt an der Weinstrasse , Speyer , Trier , Worms , Saarland , Homburg , Reinheim , Saarbrücken , Saarlouis , Saxony , Altenburg , Annaberg-Buchholz , Bautzen , Chemnitz , Dresden , Freiberg , Görlitz , Hoyerswerda , Leipzig , Meissen , Torgau , Zittau , Zwickau , Saxony-Anhalt , Bernburg , Dessau , Eisleben , Halberstadt , Halle , Köthen , Merseburg , Naumburg , Quedlinburg , Stendal , Wernigerode , Wittenberg , Schleswig-Holstein , Büsum , Eutin , Flensburg , Glückstadt , Kiel , Lübeck , Rendsburg , Schleswig , Thuringia , Arnstadt , Eisenach , Erfurt , Gera , Gotha , Jena , Meiningen , Mühlhausen , Nordhausen , Suhl , Weimar (https://www.britannica.com/topic/list-of-cities-and-towns-in-Germany-2038874)

Why do I require the other parent’s Consent to relocate to Germany?

According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to Germany. Here we refer to section 18 of the Children’s Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights  (1) A person may have either full or specific parental responsibilities and rights in respect of a child.  (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right-  (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child.  (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must-  (a) administer and safeguard the child’s property and property interests;  (b) assist or represent the child in administrative, contractual and other legal matters; or  (c) give or refuse any consent required by law in respect of the child, including-  (i) consent to the child’s marriage;  (ii) consent to the child’s adoption;  (iii) consent to the child’s departure or removal from the Republic;  (iv) consent to the child’s application for a passport; and  (v) consent to the alienation or encumbrance of any immovable property of the child.  (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the Consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Now let us explain what Parental Responsibilities and Rights are.

What are Parental Responsibilities and Rights of a parent in relation to a child?

As can be seen from section 18(2) of the Children’s Act, when we refer to Parental Responsibilities and Rights, we refer to the following: (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child. Therefore, if a parent has parental responsibilities and rights over a minor child, and accordingly, rights of guardianship, their Consent is required when it comes to issues of guardianship. As seen from section 18(3)(c) of the Children’s Act above, both parents’ Consent is required should a minor child depart from the Republic of South Africa. In this case, to emigrate to Germany. Even if the minor child only wants to go for a short holiday to Germany, both guardians’ Consent would be required.

When would the other parent be seen as a guardian in the case of a relocation matter to Germany?

It must be noted that not all parents are legal guardians over their minor children. We should therefore distinguish between married or divorced parents and parents who were never married. As you would see below, usually married, or divorced parents’ Consent would be required for a minor child to relocate or emigrate to Germany. However, that does not automatically apply to parents who were never married. This could be because the child could have been born from a brief encounter and never met his or her father. It would not make sense that a parent who never met his or her 15-year-old child, should give Consent for relocation to Germany.

Mother’s Consent for relocation of the minor child to Germany

Section 19 of the Children’s Act deals with the Parental responsibilities and rights of mothers. It states the following: 19 Parental responsibilities and rights of mothers  (1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child.  (2) If-  (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and  (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child.  (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement. As seen from section 19(1) of the Children’s Act, in most cases involving the relocation of a minor child to Germany, the mother’s Consent is required as she has full parental responsibilities and rights over the minor child.

Married father’s Consent for the relocation of the minor child to Germany

Section 20 of the Children’s Act deals with Parental responsibilities and rights of married fathers. It states the following: 20 Parental responsibilities and rights of married fathers The biological father of a child has full parental responsibilities and rights in respect of the child- (a) if he is married to the child’s mother; or (b) if he was married to the child’s mother at (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth. As can be seen from sections 20 (a) and (b) of the Children’s Act, if the father and the mother were married, or are married, then his Consent is required for the minor child to relocate to Germany. Of course, an exception to this would be should a court of law order otherwise. This would be the case should the parents be divorced and the divorce court ordered that only the mother may act as guardian. Next, we deal with the issue of an unmarried father’s Consent to relocate a minor child to Germany.

Consent of unmarried fathers for the relocation of their minor children to Germany.

Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. The section states the following: 21 Parental responsibilities and rights of unmarried fathers  (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child-  (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or  (b) if he, regardless of whether he has lived or is living with the mother-  (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law;  (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and  (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.  (2) This section does not affect the duty of a father to contribute towards the maintenance of the child.  (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person.  (b) Any party to the mediation may have the outcome  of the mediation reviewed by a court.  (4) This section applies regardless of whether the child was born before or after the commencement of this Act. As can be seen from the latter sections, a father of a child born out of wedlock does not automatically have parental responsibilities and rights over his minor child. He may however acquire those parental responsibilities and rights over his minor child if he is materially involved in the child’s life. That would be where the father and the mother were in a permanent life partnership when the child was born or he is meaningfully involved in the child’s life, as outlined above. We shall not go into much detail regarding that. However, in most cases, if the father had regular contact with the child and paid child support, he would have acquired parental responsibilities and rights over the minor child.

What do you do if the other parent does not want to consent to the minor child relocating to Germany?

Suppose the other parent also has parental responsibilities and rights over the minor child, and he or she does not want to consent to the relocation of the minor child to Germany, then in such a case, the Court needs to be approached. Here I refer you back to section 18(5) of the Children’s Act referred to above where it states: (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Therefore, after your Court Application has been launched an both sides have been heard, the Court would make the necessary Order. If you are successful in your application for the relocation of your minor children to Germany, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10782" align="alignnone" width="470"] Relocation Consent Order[/caption] [caption id="attachment_10783" align="alignnone" width="483"] Relocation Consent Order[/caption]