The Magistrate’s Permit – Movement of Children during the Lockdown

View the new regulations on Movement of children during the Lockdown

(Regulation 17)

Download this flyer by clicking here. Feel free to share it.

In order to move children between homes, you require the following:

1. Court Order; or

2. Parenting Plan registered with the Office of the Family Advocate; or

3. Parental responsibilities and rights agreement registered with the Office of the Family Advocate; and

4. The household to which the child has to move must be free of COVID-19.

A Magistrate’s Permit

3 Steps to obtain a Magistrate’s Permit:

1. Visit your Magistrate’s Court.

2. Take with the child’s birth certificate or certified copy.

3. Provide written reasons as to why the movement of the child is necessary.

The household to which the child has to move must be free of COVID-19.

Download this flyer by clicking here. Feel free to share it.

Posted on 11 February 2025 by Telelaw

The Magistrate’s Permit – Movement of Children during the Lockdown

View the new regulations on Movement of children during the Lockdown

(Regulation 17)

Download this flyer by clicking here. Feel free to share it.

In order to move children between homes, you require the following:

1. Court Order; or

2. Parenting Plan registered with the Office of the Family Advocate; or

3. Parental responsibilities and rights agreement registered with the Office of the Family Advocate; and

4. The household to which the child has to move must be free of COVID-19.

A Magistrate’s Permit

3 Steps to obtain a Magistrate’s Permit:

1. Visit your Magistrate’s Court.

2. Take with the child’s birth certificate or certified copy.

3. Provide written reasons as to why the movement of the child is necessary.

The household to which the child has to move must be free of COVID-19.

Download this flyer by clicking here. Feel free to share it.

What happens on on your business meeting with us?
You will meet with the friendly, approachable legal expert and have a face to face chat about the nature of your business, what it entails and the legal requirements. Luckily, the legal expert on board has ears of experience, making him fit to offer you expert, legal advice and guidance for your business. Would you like to consult with the legal expert for expert legal advice regarding your business? Call our law offices on 021 424 3487 for an online appointment to be made for you. Fortunately our law offices boasts a very straight forward online process in which the potential client will receive an automated email their side stating all the relevant details for the consultation. The email will highlight:
Name (of potential client)
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Contact details
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Business Legal Support
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Would you like to consult with the legal expert for expert legal advice regarding your business? Call our law offices on 021 424 3487 for an online appointment to be made for you.

Business Legal Training

Our family and business legal consultancy prides itself for having the legal expertise in both family and business law – this is what sets us aside from the rest. The legal expert advises the following when it comes to business and legal training:

“All businesses are required to comply with legislation. Furthermore, certain laws would be specific to your business. It is therefore important that you and your staff understands, and complies with the various legislative and other measures in place in relation to your business. For example, the Consumer Protection Act, 2008 (Act No. 68 of 2008) and the National Credit Act, 2005 (Act No. 34 of 2005) pays an integral role in commerce in South Africa. Each business and individual should be familiar with the Consumer Protection Act, 2008 (Act No. 68 of 2008) and the National Credit Act, 2005 (Act No. 34 of 2005) to ensure a sustainable commercial existence. Therefore, if your business supplies goods and provides services, then the Consumer Protection Act would find application. If you are in the business of providing credit, then the National Credit Act would apply.We have to knowledge and expertise to train your staff on the law applicable to your business. Speak to us today about how we can provide legal training for you business.”

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Family legal services

We take the well-being of our clients very seriously and always try to prepare the best argument in court. When it comes to professional legal drafting, we strive at providing well thought out, cleverly composed legal documents that best reflects what you require. In doing so, we have also made free, expert legal advice articles easily accessible on our website. These are:

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comprising of:

Divorce guide

The free divorce starter toolkit provides you with the necessary tools to attend to the unopposed divorce on your own. The tools include a template Summons, Particulars of Claim and a Notice of Set-Down. Should you wish to have a one on one legal consultation with legal expert himself, then do feel free to call our law offices on 021 424 3486 for an online appointment today.

Posted on 11 February 2025 by Telelaw

Divorce process step by step
Our law offices boast a professional legal expert in divorce, child maintenance, child custody and other family legal matters. Our consultancy thrive to bring you professional legal services that’s easily accessible through our website. [caption id="attachment_4409" align="alignleft" width="300"] Call our law offices: 0211110090 Email:[email protected][/caption] Feel free to click on the links below and find out more about our legal expertise:
Basic Divorce Guide – Western Cape High Court
Divorce Notice Of Set Down – Cape Town High Court Cape Town
Divorce Particulars Of Claim Western Cape High Court Cape Town
Do Your Own Unopposed Divorce. No Lawyers Needed.
Free Online Divorce Assistance Form DIY
South Africa – frequently asked questions for divorce
Summons Divorce Western Cape High Court Cape Town
Twenty One (21) Uncontested divorces in the Western Cape High Court today.
Divorces can be a tough legal battle for many because a lot is at play when there are children involved. During our years of experience, we often found that additional legal problems arise – such as child custody and child maintenance which opens a whole new can of worms. [caption id="attachment_4410" align="alignleft" width="300"] Call our law offices on: 0211110090 Email: [email protected][/caption] For a professional legal consultation, contact our law offices on 021 424 3487 and have our friendly receptionist make an online appointment for you. Secure your one on one legal consultation today!

Divorce Court Cape Town

When it comes to divorce, there are two types: contested/opposed or uncontested/unopposed divorce. An opposed divorce can make matters very complex and take over years whereas the unopposed divorce can be done over 3 weeks. [caption id="attachment_4411" align="alignleft" width="300"]

Call our law offices on: 0211110090 Email: [email protected][/caption] It is however, true the manner in which a divorce can unfold will depend on the religious nature of marriage. For instance, is it a civil marriage or civil union? A court order will then be required under such circumstance. Getting divorce in the High Court can be a costly, time consuming legal affair due to flooded court rolls and postponed dates. Thankfully, one can now resort to getting a divorce through the Regional Court of the Magistrates’ Court which in turn, lessens the plight of the High Court. [caption id="attachment_4412" align="alignleft" width="300"]

Call our law offices on: 0211110090 Email: [email protected][/caption] For unopposed divorce, speak to our family legal expert today and have some direction as the way forward to getting your divorce done. You can also find out more about our DIY divorce service which is less costly and time consuming.

Free divorce South Africa

We have now made our legal products and services easily accessible from our website by placing them directly onto our home page; making our home page easy to navigate. [caption id="attachment_4413" align="alignleft" width="300"]

Call our law offices on: 0211110090 Email: [email protected][/caption] Simply click on the link below and download our free divorce product toolkit below: Free Divorce Tool Kit Our law offices are conveniently situated in the heart of the buzzing CBD at Suit 702, 7^th floor, The Pinnacle, corner of Strand and Burg Street. When visiting us for your legal consultation, you have he luxury of a professional setting and free Wi-Fi for your convenience. Call our offices and make an online appoint today for your professional legal consultation. Connect with us!

Posted on 11 February 2025 by Telelaw

I am father of a baby girl. I want to confirm my parental rights. How do I do it?

When it comes to children, the law mandates that we always prioritise the child’s best interests. It is beneficial for a child to maintain a healthy and loving relationship with both parents. Concurrently, a parent has the right to be involved in their child’s life, provided that such involvement aligns with the child’s best interests. This article addresses the process by which a father can establish his parental responsibilities and rights concerning his child.

Confirming a father’s Parental Responsibilities and Rights to his Child

In the past, terms like Custody and Access were used for parental rights. Now, the terms Care and Contact are used. The Children’s Act of 2005 states that both parents have full parental responsibilities and rights, with some exceptions. If there is a dispute, the father may need to apply to the High Court to confirm his rights, which can be costly. It is advised to consult an attorney or advocate.

The Court Application

A Notice of Motion must be drafted, supported by a Founding Affidavit, and sometimes confirmatory affidavits. These documents are filed with the Family Advocate’s Office. Once served, the mother can file opposing papers, and the father can reply. A court date will be set, and a Judge will decide the matter, possibly with a Family Advocate’s Report. Urgent applications require experienced legal counsel.

The father would essentially be requesting the following:

An Order directing that both parties (mother and father) share parental responsibilities and rights regarding the minor child, in accordance with the Children’s Act, 38 of 2005 (“the Children’s Act”), as follows:

Both parties are co-holders of guardianship over the minor child as stipulated in Section 18(2(c); 18(3); 18(4) and 18(5) of the Children’s Act.
Both parties shall share parental responsibilities and rights of care and contact concerning the minor child, as outlined in Section 18(2)(a) and (b) of the Children’s Act.
The implementation of these rights of care and contact.

The Court will consider the matter and render a decision. If the outcome is favorable, the Court would issue an Order affirming the father’s parental responsibilities and rights.

Sharing Information

This and other articles available on this website are authored by Adv. Muhammad Abduroaf to assist individuals with various family law-related issues. If you find our articles, free resources, and posts beneficial or potentially helpful to others, please like and share them on social media by clicking the icons below. For more insightful articles and information on Family Law, visit our articles and Q&A page. If you have a legal issue related to family law and seek an answer or response, feel free to post it on our Family Law Blog. Therefore, kindly like and share. For any other legal services and advice not pertaining to family law, please visit Private Legal.

Free DIY Online Divorce Guide and Court documents – High Court, Cape Town, Western Cape

This article deals with uncontested divorces in the Western Cape High Court, Cape Town, for marriage In Community of Property. It further provides legal guidance on doing your divorce, with an online divorce. These free divorce resources relate to divorces in the Western Cape instituted from the High Court. Other courts may follow similar practices. It is suggested that you consult with a legal practitioner before instituting divorce legal proceedings, especially if there are minor children and a large estate involved. If you require assistance or legal represenation in a divorce in any Court in South Africa, feel free to schedule a consultation with using the online form further below.

Online Divorce Form

The online divorce form is provided below to kick start the divorce process. After completing the form, and pressing “submit”, our online system will send you an email with the information you provided, as well with links where you may download the following: A divorce guide in PDF format A Sample Summons in PDF format A Particulars of Claim in PDF Format A notice of Set Down in Word Format

Marriages ending up in divorce

When the marriage of a couple has broken down, a divorce may be the best option. If this route is followed, then a friendly process should ensure. There is no need for spouses to fight over a divorce. It is waste of money and if there are children involved, they may come out traumatised. Therefore, in the interest of all concerned, an uncontested divorce is the best option in most cases.

What is an uncontested divorce?

An uncontested divorce happens in one of the following situations:

The couple agrees beforehand to the terms of the divorce, and then enters into a Settlement Agreement or Consent Paper. One party would then initiate the divorce proceedings, and the other party won’t defend it on the basis of entering into a settlement agreement or consent paper
The couple are not on friendly terms. One of them institute divorce proceedings and stipulate in the summons what they want. The other party receives the summons and does not have issue with what the other spouse is asking for. The divorce then proceeds as prayed for in the Summons.
A spouse instituted divorce proceeding and the other spouse defended it. After the lawyers or parties spoke, they came to some type of an agreement. The party then withdrew his defence and the divorce proceeded undefended.

How long does an uncontested divorce take?

An uncontested divorce where the parties agrees upon the terms of the divorce beforehand, can take approximately 4 (four) weeks from start to finish. The time periods can be estimated as follows:

3 to 5 days to draft the Summons and Settlement Agreement. The Parties requires some time obtain information regarding pension funds, how to divide the join estate and so on.
A day to issue the summons and about 2 days for it to be served on the Defendant by the Sheriff. A better option is for the Defendant to be served at the office of the Sheriff. In this case, there is no need for the Sheriff to visit the Defendant at his place of work or home.
10 working days must then elapse after the summons has been served on the Defendant.
Once the 10 days has elapsed, the divorce may be set down on the unopposed court roll.
To set the divorce down on the unopposed roll, you should obtain a date from the Registrar. Usually the date is in a few weeks.

What about the Office of the Family Advocate?

If there are minor children involved, the Office of the Family Advocate would need to have a look at what provisions have been made regarding them in the Summons or Settlement Agreement. What happens in practice, is the Summons or Consent Paper is delivered to the Office of the Family Advocate. A Family Advocate would study it and endorse it if there are no concerns. If there are concerns, he or she would advise the Court thereof.

What happens at the divorce Court?

Should the divorce proceed uncontested, and set down correctly, you matter should be on the court roll. In the Western Cape High Court, divorces are dealt with closer to the end of the court roll. When your matter is called up, you would be sworn in and provide evidence. You would have to deal with the following:

That you are the Plaintiff and reside in the Western Cape.
You were married to the defendant on a certain date and place.
Show the original marriage certificate, or copy to the Court.
Confirm that there are minor children born from the marriage.
Tell the Court the reasons for the breakdown of the marriage and why it cannot be saved.
Ask the court to grant a decree of divorce, and the terms stipulated in the Summons (more specifically, the Particulars of Claim) or the Consent Paper entered into.

The Magistrate’s Permit – Movement of Children during the Lockdown

In order to move children between homes, you require the following:

A Magistrate’s Permit

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