Supreme Court of Appeal Contact details – Advocate Muhammad Abduroaf Posted on 11 February 2025 by TelelawSupreme Court of Appeal Contact details – Advocate Muhammad Abduroaf
Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Johannesburg? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Durban or in Johannesburg, the law applicable would be the same throughout South Africa.Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case:Experience and Expertise:Specialization in family law, particularly child custody cases.Proven track record of successfully handling similar cases.Knowledge of Family Law:In-depth understanding of family law.Awareness of recent legal developments and changes in family law.Communication Skills:Effective communication skills to clearly articulate your case in court.Ability to negotiate and mediate to reach favourable settlements.Compassion and Empathy:Understanding and empathy towards the emotional challenges involved in child custody disputes.Ability to provide emotional support to clients during a difficult time.Strategic Thinking:Ability to devise a strategic legal approach tailored to the unique aspects of your case.Forethought and anticipation of potential challenges.Availability and Responsiveness:Prompt responses to client inquiries and concerns.Availability for meetings, court appearances, and consultations.Client Reviews and References:Positive reviews from previous clients.Recommendations from colleagues or other legal professionals.Ethical Conduct:Adherence to professional and ethical standards.Transparent and fair billing practices.Courtroom Experience:Comfort and confidence in a courtroom setting.Skillful presentation of arguments and evidence.Resourcefulness:Resourcefulness in finding legal precedents and utilizing available resources to strengthen the case.Problem-Solving Skills:Creative problem-solving skills to navigate complex family dynamics and legal issues.Custody and Visitation Knowledge:In-depth knowledge of various custody arrangements and visitation schedules.Ability to advocate for the best interests of the child.What should you consider when meeting with a family law attorney or advocate? When looking for a great child custody lawyer, it’s essential to schedule consultations, discuss your case, and assess whether the lawyer, attorney, or advocate possesses the qualities and skills that align with your needs and goals. Additionally, consider seeking recommendations from trusted friends, family members, or other legal professionals. Finding the best child custody lawyer involves thorough research, careful consideration of your specific needs, and evaluation of the lawyer’s qualifications. Here are some steps you can take to find the right child custody lawyer for your situation:Define Your Goals and Needs:Clearly identify your goals and priorities in the child custody case.Determine the specific services you need from a lawyer, such as legal representation, mediation, or collaborative law.Research Local Family Law Attorneys:Use online legal directories and referral services to identify family law attorneys or Trust Account Advocate in your area.Seek recommendations from friends, family, or colleagues who have gone through similar situations.Check Credentials and Specialization:Look for lawyers who specialize in family law and, more specifically, child custody cases.Check their credentials, education, and any certifications related to family law.Read Reviews and Testimonials:Read online reviews on legal review websites, social media, or the lawyer’s own website.Consider testimonials from previous clients to gauge the lawyer’s reputation and success rate.Consult with Multiple Lawyers:Schedule consultations with several child custody lawyers to discuss your case.Prepare a list of questions to ask during the consultation, covering topics such as experience, approach to cases, and expected outcomes.Evaluate Communication Skills:Assess the lawyer’s communication style and whether you feel comfortable discussing your case with them.Ensure that the lawyer listens actively and provides clear explanations of legal processes.Consider Experience:Inquire about the lawyer’s experience in handling child custody cases similar to yours.Ask about their success rate and outcomes in past cases.Review Legal Fees:Discuss the lawyer’s fee structure during the consultation.Clarify billing practices, retainer fees, and any additional costs associated with your case.Check Disciplinary Records:Verify the lawyer’s standing with the Legal Practice Council of South Africa.Check for any disciplinary actions or complaints against the lawyer.Seek Second Opinions:If you have initial concerns or uncertainties, consider seeking a second opinion from another attorney or advocate.Compare advice and recommendations from multiple sources.Trust Your Instincts:Pay attention to your instincts and gut feelings about the lawyer.Choose a lawyer you feel comfortable working with and who understands your unique situation.Negotiation and Mediation Skills: Assess the lawyer’s ability to negotiate and mediate, especially if you prefer an amicable resolution.Remember that finding the best child custody lawyer is a personalized process, and the right fit for one person may not be the best for another. Take the time to thoroughly research and evaluate potential lawyers to make an informed decision based on your specific needs and circumstances. We service clients in all cities: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg Posted on 11 February 2025 by Telelaw
[caption id="attachment_10826" align="alignnone" width="660"] Relocation consent Court Order for minor child to Denmark – Advocate Muhammad Abduroaf[/caption]I want to relocate from South Africa to Denmark with my minor child. The other parent does not want my child to relocate to Denmark. What can I do? Denmark 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 Denmark, if a minor child will be joining that parent and also relocating to Denmark, 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 Denmark. Before we do so, let us list the various cities and towns in Denmark to which you may want to relocate: Region Hovedstaden, Copenhagen, Frederiksberg, Gentofte, Helsingør, Hillerød, Region Midtjylland, Århus, Herning, Holstebro, Horsens, Randers, Silkeborg, Skive, Viborg, Region Nordjylland, Ålborg, Frederikshavn, Hjørring, Nørresundby, Skagen, Thisted, Region Sjælland, Holbæk, Kalundborg, Køge, Maribo, Nakskov, Nykøbing Falster, Roskilde, Slagelse, Sorø, Vordingborg, Region Syddanmark, Åbenrå, Esbjerg, Fredericia, Haderslev, Kolding, Nyborg, Odense, Ribe, Sønderborg, Svendborg, Tønder, Vejle. (https://www.britannica.com/topic/list-of-cities-and-towns-in-Denmark-2055396)Why do I require the other parent’s Consent to relocate to Denmark? 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 Denmark. 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 Denmark. Even if the minor child only wants to go for a short holiday to Denmark, both guardians’ Consent would be required.When would the other parent be seen as a guardian in the case of a relocation matter to Denmark? 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 Denmark. 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 Denmark.Mother’s Consent for relocation of the minor child to Denmark 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 Denmark, 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 Denmark 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 Denmark. 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 Denmark.Consent of unmarried fathers for the relocation of their minor children to Denmark. 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 Denmark? 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 Denmark, 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 Denmark, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10825" align="alignnone" width="642"] Relocation consent Court Order for minor child to Denmark – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10826" align="alignnone" width="675"] Relocation consent Court Order for minor child to Denmark – Advocate Muhammad Abduroaf[/caption] Posted on 11 February 2025 by Telelaw
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Kroonstad Children’s Court Family law legal matters can be very stressful. This is so whether you live in Kroonstad or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Kroonstad. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Kroonstad or any other city in South Africa.What to do before visiting the Kroonstad Children’s CourtBefore you approach the Children’s Court in Kroonstad, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Kroonstad has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Kroonstad Children’s Court for assistance.TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.Approaching the Kroonstad Children’s CourtThe Kroonstad Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Kroonstad Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.Once you arrive at the Kroonstad Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:PART A: PARTICULARS OF CHILD(REN)PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTERPART D: PARTICULARS OF MATTERIn part D, the following is stated which you need to provide in the form:Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.Documents: Are there any documents relating to the matter? (If so please attach)Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Kroonstad.TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.Processing your Application at the Kroonstad Children’s CourtOnce you complete the Form A and submit it to the Clerk of the Kroonstad Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.Appearing in the Kroonstad Children’s CourtWhen notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:Get a social worker involved in the matter;Appoint a legal representative for the minor child;Implement interim care and contact arrangements;Having the parties attempt to agree on a parenting plan; In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.Finalising the matter in the Kroonstad Children’s CourtOnce the Kroonstad Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.The above Kroonstad Children’s Court Application tips should apply to the following provinces and cities:Eastern Cape:Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, MthathaPort Elizabeth, Queenstown, Uitenhage, ZwelitshaFree State:Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, WelkomGauteng:Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, VereenigingKwaZulu-Natal:Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, UmlaziLimpopo:Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, ThabazimbiMpumalanga:Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port NollothWestern Cape:Bellville, Kroonstad, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester Posted on 11 February 2025 by Telelaw
Relocation consent Court Order for minor child to Denmark – Advocate Muhammad Abduroaf[/caption]
Relocation consent Court Order for minor child to Denmark – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10826" align="alignnone" width="675"]