Top and Best Attorney or Trust Account Advocate Advice – Cape Town, South Africa

Top and the best advocate or attorney for your family law legal matters

When it comes to Family Law, it is of paramount importance that you use the best trust account advocate or attorney for your legal matter. Not necessarily the most expensive or most experienced. It, therefore, does not have to be the top lawyer or well-known advocate in the field. However, the trust account advocate or attorney must be someone you can work with and who is willing to fight for you.

This applies whether you are dealing with a child maintenance matter or a relocation consent application. It is even more critical if you are dealing with a sensitive matter involving parental alienation. If you cannot work with your attorney or trust account advocate, the results will not be as best as they could have been. Even worse, your case may be doomed if the attorney or trust account advocate is unwilling to fight smartly for you. This is sad because, in most family law matters, the subject is the minor child.

A scenario on what Trust Account Advocate or attorney to choose

The best way to illustrate the above is by way of an example. As stated, the best or top lawyer is not what you should look at in all circumstances. The attorney or trust account advocate must be willing to fight for you. It goes without saying that a highly experienced attorney or trust account advocate is needed under certain circumstances. But not always. Consider your budget and whether you can fuel litigation until the end.

Child Relocation matter – Top Tip

Let us use a child relocation matter as an example. Suppose you are the child’s mother and want to relocate to the United States of America. Your child is 15 years old, and because she is a minor, you require the biological father’s consent because he has parental responsibilities and rights of the minor child. The biological father however does not want to consent to the relocation, and his reason is that he would not see the child as often as he would. Indeed, he would not see the child as often as he would have. However, that is only one aspect of the case. One also needs to look at the benefits the relocation of the minor child to the United States of America would have him or her. Another consideration is whether or not the father can care for the minor child as well as the mother can. Each case is different.

How to choose the best possible attorney or trust account advocate in the above scenario?

Let us apply some common sense principles in finding the best attorney or trust account advocate for you should the above scenario apply. Seeing that the father of the biological child does not want to consent to the relocation of the minor child, you have no alternative but to approach the Court. The High Court, the upper guardian of all minor children, has the authority to dispense with the requirement of the father’s consent. In essence, what this means is that this consent is no longer required.

The best interest of the minor child’s principle – Best you follow it

The Court will only make such an order if it is convinced it would be in the minor child’s best interest. If it is not in the minor child’s best interest for the relocation to take place and then in that regard, the Court would not make such an order. You, as the parent, would, of course, be allowed to relocate to the United States of America; however, you would not be allowed to take the minor child with you. Another aspect is to consider is if the mother does relocate to the United States of America, is it possible for the father to adequately care for the minor child? Most times, he would be able to. But not always.

What happens if you do not make use of the best advocate of attorney for your case – Top problem

Now that we understand the legal principle applicable, it is important that when seeking an attorney or trust account advocate, they can work with you to obtain the best results possible. In other words, if you and the attorney or trust account advocate cannot see eye to eye on what results are required and how to get them, then you would be wasting your money. For example, suppose you use an attorney or trust account advocate who is pro-father only  (as opposed to pro-equal rights) and not on the same page as you regarding the desired outcome. Then, in that case, it is improbable that the desired outcome would be reached. The attorney or trust account advocate would not fight for you the way they should. This is so even if the attorney or trust account advocate is the best in other aspects of family law—for example, child maintenance.

Last words on finding the top and best attorney or trust account advocate for you – Best and Top advice

There is no one-size-fits-all when seeking the top and best attorney or trust account advocate for your case. As clients differ, so do attorneys or trust account advocates. However, getting along well with your attorney or trust account advocate is essential, and that would ensure the best results. Professionalism is one then, but incompatibility is another. Best of luck finding the best attorney or trust account advocate for your legal matter. Reminder, don’t look for the best only. Look for an attorney or trust account advocate willing to fight for you.

Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Advocate - Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf – Trust Account Advocate – Best Top Legal Practitioners (Advocate Attorney) Child Custody Maintenance Custody Divorce Relocation Passport Consent High Court
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town
Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Top Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town

Related Post

I want to relocate from South Africa with my minor child. The other parent does not want to consent. I need an example of a High Court Application where consent is not required.

In South Africa, the requirement for the consent of the other parent to relocate with a child is often rooted in the best interests of the child. Relocating a child can have significant implications for their relationship with both parents, as well as their overall well-being. If a parent has the parental responsibility of guardianship over a child, his or her consent is required should the minor child leave South Africa.

Why is a parent’s consent required for the relocation of a minor child?

When a parent wishes to move with a child from South Africa to any other country, either permanently or temporarily, the consent of the other parent or approval from the court is required. This is to ensure that both parents have a say in decisions that affect the child’s life and to prevent one parent from unilaterally making decisions that might negatively impact the child’s relationship with the other parent. It’s essential to consult with a family law attorney or advocate in South Africa who can provide advice based on the specific circumstances of your case. Keep in mind that family law is subject to change, so it’s crucial to get the most up-to-date information from a legal professional familiar with the current laws in South Africa.

Below is an example of a High Court Application for the relocation of a minor child to the United States of America.

[caption id="attachment_11685" align="alignnone" width="670"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf London Relocation Notice of Motion High Court[/caption] [caption id="attachment_11684" align="alignnone" width="700"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf Germany Relocation Notice of Motion High Court[/caption] [caption id="attachment_11681" align="alignnone" width="698"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf London Relocation Notice of Motion High Court[/caption] [caption id="attachment_11683" align="alignnone" width="696"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf Berlin Relocation Notice of Motion High Court[/caption] [caption id="attachment_11682" align="alignnone" width="678"]Relocation Notice of Motion High Court Adv Muhammad Abduroaf Canada Relocation Notice of Motion High Court Adv Muhammad Abduroaf Canada[/caption]  

Require legal assistance with the relocation of your minor child?

Should you require legal assistance with the relocation of your minor child, feel free to contact us in this regard. [video width="1210" height="1712" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Relocation-of-Minor-Children-High-Court-Consent-Application-Example.mp4"][/video]

Contact and care disputes regarding your minor children for the school holidays

Holidays are approaching. It is that time of the year again where parents and children want to spend time together, relax, and have fun. This is usually easy to implement when parents and children live together. However, if that is not the case, it can become somewhat challenging for some and more for others. What can one do if the issue of holiday contact cannot be resolved where the parents are not living together? Read on for ways to avoid legal problems on the eve of Christmas.

The right of the child to spend time with both parents

Before dealing with the issue of the law and how it can be used to resolve issues, let us first look at the rights of a child. When dealing with any child matter, the law focuses on what is best for the child. The child’s best interest principle is stated in our Constitution and the Children’s Act in terms of legislation.  Section 28 (2) of our Constitution states that “[a] child’s best interests are of paramount importance in every matter concerning the child.” Furthermore, section 9 of the Children’s Act 38 of 2005 states that “[i]n all matters concerning the care, protection, and well-being of a child the standard that the child’s best interest is of paramount importance, must be applied.” Therefore, in resolving any care and contact disputes regarding holiday contact, the focus must be on what is best for the minor child involved. And not the parents.

Resolving care and contact issues out of Court

At a very last resort, parties may approach the Court to resolve their care and contact issues. It can be a very challenging and tedious process, which outcome may not always be what you want it to be. That may apply to both parents. However, once the ruling has been made, the parties are bound by it. If the process was acrimonious, it could mean that neither party would be willing to negotiate a temporary change to contact should the need arise—for example, swopping days when there is a family wedding or birthday celebration. The ideal is for the parents to be the architects of their parenting arrangement, not lawyers, social workers, or the courts. They know their lives and the child much better than anyone else and are best suited to find a workable solution. Each family is different. What would work for one family will not work for another. The children’s ages, the location of schools, parents’ homes, and jobs would differ vastly from that of other families. No one glove fits all when it comes to care and contact arrangements for minor children.

Parents sitting down with a view of resolving care and contact arrangements before the school holidays

The first advice we have to parents who are having challenges in resolving issues regarding holiday contact is to set up a meeting with each other. This is very important as it would give both parents a chance to hear the other parent’s view. Parents should try their best to avoid third parties getting involved. And when we say third parties, we include lawyers, social workers, magistrates, judges, etc. Once others get involved, the lines of communication may not be that easy. And many times, it is distorted. Sitting on the same table provides the other parent with immediate suggestions and information needed to resolve the issue, not through a lawyer or a court. Only you and the other parent know what is workable. You know your schedule, your budget, the needs of the children and how far you can compromise. Not the attorney, advocate, or presiding officer. Their knowledge would be limited to the few pages presented or the few hours of consultation.

What is the disadvantage of seeking outside help?

If you and the other parent met and things were still not resolved, outside help would inevitably be needed. That same applies if a meeting is not possible due to the issue of domestic violence or an unwillingness of a parent to meet face to face. Outside help can be a mutual family friend, a family member both parents trust, or a trained mediator. A trained mediator could be a social worker, psychologist, attorney, or advocate. The Office of the Family Advocate can also assist. However, remember, some mediation services can be costly, and if there is a budget, you would have to do with only a few hours being spent on critical decisions. Even if the services are free, remember, in that case, limited time would still be spent on your issues. If issues cannot be resolved within a few hours, more than likely, the mediator would advise that your either take their ad hoc recommendations or take the matter to Court. We are not discrediting mediation or litigation. However, we want the parents to try their utmost to resolve the issues they have before looking for outside assistance. But let us presume outside help is needed. In that case, let us properly look at mediation.

Having your care and contact issues formally mediated

Mediation is an excellent tool to resolve care and contact disputes between parents. This is especially so when a trained and experienced mediator is involved. However, it is not always necessary to have a professional mediator on board. For example, an attorney, advocate, social worker and so on. As previously stated, it can also be your priest, your neighbour, or a trusted family member. All parents and family dynamics are different. It would be unfair to state that expert mediators can only resolve all parental issues. That is illogical and has no factual basis, therefore. However, should it be decided that a trained professional mediator is appropriate, then consider the following:
  • Are both you and the other parent comfortable with the proposed mediator? It is very important that both parties are happy and comfortable with the mediator you will be approaching to assist in resolving your issues;
  • Are the fees the mediator charges reasonable and sustainable according to your pockets? Not all mediators charge the same rate. Rates are, of course, based on experience, qualification, location and so on. However, it would not make sense to enlist the services of a mediator where you can only afford a single session. Some issues require two or three sessions, depending on the issues involved. If we are dealing with swopping a weekend, a single session may be appropriate. However, when dealing with something like relocation, maybe three different sittings would be appropriate; and
  • Are you happy with the location of the mediator’s office or the use of virtual sessions (e.g. Zoom or Microsoft Teams)? For some, face to face mediation will yield the best results. The parties would be able to meaningfully engage with each other in the same room instead of using phone or computer monitors. However, virtual mediation sessions would be best for some, and they prefer it. They save time on travelling and do not have to take time off work.
Once you agree on the mediator, attend sessions with an open mind. Remember, you are in control and can decide your own destiny. Not your lawyers or a court of law. However, if mediation is unsuccessful, one would need to consider taking the matter to Court.

Taking your care and contact matters to Court

Going to Court on your care and contact matters has advantages and disadvantages. The one advantage is that it would bring whatever issue you have to finality. The disadvantage is that you may be unsuccessful and spend a fortune on your legal fees and potentially the other sides. Nonetheless, if mediation fails, or it is necessary to go to Court, here are some tips to consider when taking that route:
  • First, receive proper advice on the legal issue you have at hand. It is important that you understand the issues involved and your legal recourse. It would be unfortunate if you take your matter to Court but do not understand what you are getting yourself into;
  • Know exactly what you want. In other words, what Order do you want the Court to grant you? Is it primary care, shared care or reasonable contact?
  • Ensure that you provide your legal representative with all the relevant facts to fight for your case. This would only be possible if the first two points above have been complied with; and
  • Make sure that you are always kept abreast of your matter.

How will the Court decide the matter?

As always, the Court would decide your matter based on what is best for the minor child involved. As stated, section 9 of the Children’s Act states that “[i]n all matters concerning the care, protection, and well-being of a child the standard that the child’s best interest is of paramount importance, must be applied.” And section 28 (2) of our Constitution states that “[a] child’s best interests are of paramount importance in every matter concerning the child.” Furthermore, the Children’s Act 38 of 2005 places great emphasis on the child’s voice being heard in matters concerning that child.  The Children’s Act states the following in this regard: 6 General principles … (5) A child, having regard to his or her age, maturity and stage of development, and a person who has parental responsibilities and rights in respect of that child, where appropriate, must be informed of any action or decision taken in a matter concerning the child which significantly affects the child. … 10 Child participation Every child that is of such an age, maturity and stage of development as to be able to participate in any matter concerning that child has the right to participate in an appropriate way and views expressed by the child must be given due consideration. … 31 Major decisions involving child (1) (a) Before a person holding parental responsibilities and rights in respect of a child takes any decision contemplated in paragraph (b) involving the child, that person must give due consideration to any views and wishes expressed by the child, bearing in mind the child’s age, maturity and stage of development. In conclusion, should you take your matter to Court or be brought to Court by the other parent, you need to focus on what is best for the minor child. That can sometimes be very hard because in doing so, you must consider factors that do not support your case. For example, if the minor child has always been cared for by the other parent. The bottom line is, focus on what is best for the minor child involved. And if speaking face to face and mediation does not work, then only then approach the Courts. You may, however, seek legal advice beforehand.

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