Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Umlazi.

Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.

Claiming child maintenance for your child in Umlazi

Whether you claim child maintenance in Umlazi, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Umlazi.

The maintenance scenario – Umlazi South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

  1. The Child is seven years old and attends school in Umlazi
  2. The child is cared for by the mother who works in Umlazi
  3. The mother works and earns a Salary of R 10 000
  4. The father sees the child every second weekend. He also lives and works in Umlazi
  5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
  6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
  7. The mother claims R 4 000 – 00 maintenance as the father earns double her salary

What is the first step the mother must take in claiming child maintenance?

The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.

How does she start the legal process?

The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Umlazi, it would be the maintenance court in Umlazi. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.

What do you do while waiting for the maintenance court date?

While you wait to be informed of the court date by the Maintenance Court of Umlazi, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.

What happens at the first court appearance at the Umlazi Maintenance Court?

Once you have been notified of the maintenance court date by the Umlazi Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.

The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.

How does the Maintenance Court hearing or trial work in Umlazi?

Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.

At the end of the day, the Umlazi Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Umlazi Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.

The above child maintenance application principles should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha

Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Umlazi, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

 

 

 

Posted on by Telelaw

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Umlazi.

Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.

Claiming child maintenance for your child in Umlazi

Whether you claim child maintenance in Umlazi, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Umlazi.

The maintenance scenario – Umlazi South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

  1. The Child is seven years old and attends school in Umlazi
  2. The child is cared for by the mother who works in Umlazi
  3. The mother works and earns a Salary of R 10 000
  4. The father sees the child every second weekend. He also lives and works in Umlazi
  5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
  6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
  7. The mother claims R 4 000 – 00 maintenance as the father earns double her salary

What is the first step the mother must take in claiming child maintenance?

The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.

How does she start the legal process?

The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Umlazi, it would be the maintenance court in Umlazi. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.

What do you do while waiting for the maintenance court date?

While you wait to be informed of the court date by the Maintenance Court of Umlazi, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.

What happens at the first court appearance at the Umlazi Maintenance Court?

Once you have been notified of the maintenance court date by the Umlazi Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.

The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.

How does the Maintenance Court hearing or trial work in Umlazi?

Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.

At the end of the day, the Umlazi Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Umlazi Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.

The above child maintenance application principles should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha

Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Umlazi, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

 

 

 

Related Post

Family Law is specialised field of law. It is always best to obtain the services of the best lawyer for your matter – Cape Town

What follows are some questions regaring family law lawyers, costs and procedures and guidlines.

At what age can a child refuse to see a parent in South Africa?

In South Africa, there is no specific legal age at which a child can categorically refuse to see a parent. However, the courts typically consider a child’s wishes regarding contact with a parent more seriously as they get older. General Guidelines:
  1. Age of Maturity: Generally, around the age of 12, children’s views are given greater weight in custody and contact decisions. However, this does not mean they can unilaterally decide to refuse contact.
  2. Best Interests of the Child: The primary consideration in family law is the best interests of the child. If a child expresses a desire not to see a parent, the reasons behind this wish will be evaluated.
  3. Professional Input: Courts may involve child psychologists or social workers to assess the situation and the child’s perspective.
Ultimately, while a child’s wishes are important, the decision regarding contact will depend on the overall circumstances and the court’s assessment of what is in the child’s best interests.

What do I do if I do not have money to afford the services of an attorney?

If you can’t afford an attorney in South Africa, there are several options available to you:
  1. Legal Aid South Africa: This government agency provides free legal assistance to those who qualify based on income and the type of legal issue. You can visit their website or contact a local office for more information.
  2. Pro Bono Services: Many attorneys offer pro bono (free) services for those in need. You can check with local law firms, bar associations, or platforms like ProBono.org to find lawyers willing to take on your case.
  3. Legal Clinics: Universities often have legal aid clinics staffed by law students under the supervision of qualified attorneys. These clinics can provide free legal advice and assistance.
  4. Community Organizations: Some NGOs and community organizations offer legal assistance or can help connect you with pro bono lawyers.
  5. Self-Representation: If your case is straightforward, you might consider representing yourself. Many courts have resources and guides to help individuals navigate the legal system.
  6. Payment Plans: If you find an attorney who is willing to help but you can’t afford their fees upfront, ask if they offer payment plans or sliding scale fees based on your income.
Make sure to explore these options as soon as possible, as legal issues often have time constraints.

Is an advocate higher than a lawyer?

The terms “advocate” and “lawyer” can have different meanings depending on the legal system in question. Generally, a lawyer is a broad term that refers to anyone who is qualified to practice law, while an advocate often specifically refers to a lawyer who represents clients in court. In some countries, an advocate may hold a higher or more specialized status, focusing on courtroom representation and litigation. In others, the terms might be used interchangeably. It really depends on the jurisdiction and its legal definitions!

Which type of lawyer gets paid the most in South Africa?

In South Africa, corporate lawyers typically earn the highest salaries, particularly those working for large law firms or in-house at major corporations. Other high-paying specialties include:
  1. Mergers and Acquisitions (M&A): Lawyers involved in high-value transactions can command significant fees.
  2. Tax Law: Experts in tax law are often sought after for their specialized knowledge.
  3. Litigation: Senior litigators, especially those with a strong track record, can also earn substantial salaries.
Compensation can vary widely based on experience, location, and the specific firm or company.

What are South African lawyers called?

In South Africa, lawyers are generally referred to as “attorneys.” Those who represent clients in court are specifically called “advocates.” The legal profession in South Africa is divided into these two main categories: attorneys handle legal matters and client relationships, while advocates primarily focus on litigation and courtroom representation. This distinction is similar to the barrister/solicitor system found in some other countries.

How much can a lawyer charge for a case in South Africa?

In South Africa, lawyer fees can vary significantly based on several factors, including the type of case, the lawyer’s experience, and the complexity of the matter. Generally, lawyers may charge:
  1. Hourly Rates: These can range from about R1,000 to R5,000 or more per hour, depending on the lawyer’s experience and specialization.
  2. Fixed Fees: For certain types of cases, such as drafting wills or conveyancing, lawyers might offer fixed fees.
  3. Contingency Fees: In some civil cases, lawyers may work on a contingency basis, charging a percentage (often around 25% to 35%) of the settlement amount.
  4. Retainer Fees: Some lawyers require a retainer, which is an upfront fee that covers initial legal services.
It’s always best for clients to discuss fees upfront and clarify any potential costs associated with their case.

How much is the expert witness fee in South Africa?

In South Africa, expert witness fees can vary widely depending on the expert’s qualifications, experience, and the complexity of the case. Generally, expert witnesses might charge:
  1. Hourly Rates: These can range from R1,000 to R5,000 or more per hour, depending on the field of expertise and the expert’s reputation.
  2. Daily Rates: Some experts may charge a flat daily rate, which could be anywhere from R5,000 to R20,000 or higher.
  3. Preparation Fees: Experts may also charge for time spent preparing reports or consultations, which is often billed separately.
It’s important for clients to discuss and agree on fees in advance to avoid any misunderstandings later on.

Who pays for advocates in South Africa?

In South Africa, the party that hires an advocate typically pays their fees. Here are some common scenarios:
  1. Private Clients: If an individual or business hires an advocate directly, they are responsible for covering the advocate’s fees.
  2. Attorneys: Advocates are usually retained by attorneys on behalf of their clients. In this case, the client pays the attorney, who then pays the advocate.
  3. Legal Aid: If a client qualifies for legal aid, the legal aid organization may cover the advocate’s fees.
  4. Costs Orders: In some cases, if a party wins a case, the court may order the losing party to pay the legal costs, including the advocate’s fees, as part of the judgment.
It’s essential for clients to clarify fee arrangements in advance, regardless of the scenario.

How much child maintenance should a father pay in South Africa?

In South Africa, child maintenance amounts are not set by a fixed formula but depend on various factors, including the needs of the child and the financial capabilities of the parents. Key considerations include:
  1. Income of Both Parents: The combined income of both parents is considered to determine what is reasonable for the non-custodial parent to contribute.
  2. Child’s Needs: This includes costs for food, clothing, education, healthcare, and extracurricular activities.
  3. Living Arrangements: The living situation of both parents and the child can also influence maintenance amounts.
  4. Court Orders or Agreements: Maintenance amounts can be determined through a court order or a mutual agreement between parents.
While there’s no specific amount prescribed, some guidelines suggest that maintenance could range from 10% to 25% of the non-custodial parent’s net income, but this is just a general guideline and can vary widely. It’s advisable to consult a legal professional or mediator for a more tailored assessment based on individual circumstances.

What happens if a father cannot pay maintenance?

If a father in South Africa cannot pay child maintenance, several potential consequences and options may arise:
  1. Legal Consequences: Failing to pay maintenance can lead to legal action. The custodial parent can apply to the court for enforcement of the maintenance order, which might result in a garnishee order to deduct payments directly from the father’s salary.
  2. Modification of the Order: If a father genuinely cannot pay due to a change in circumstances (like job loss or reduced income), he can apply to the court to modify the maintenance order. This requires providing evidence of the changed financial situation.
  3. Criminal Charges: In some cases, willful neglect to pay maintenance can lead to criminal charges, including fines or imprisonment.
  4. Negotiation: It may be possible for the father to negotiate a temporary reduction in payments with the custodial parent, ideally formalized in writing or through a court order.
  5. Support Services: Seeking assistance from legal aid or social services can provide additional support and guidance on managing child maintenance issues.
It’s important for fathers facing financial difficulties to communicate openly and seek legal advice to navigate the situation appropriately.

What rights does a father have in South Africa?

In South Africa, fathers have several important rights regarding their children, particularly in matters of custody, access, and maintenance. Key rights include:
  1. Parental Rights: Fathers have the right to make decisions about their child’s upbringing, including education, health care, and religious upbringing, especially if they are married to the child’s mother or have legal acknowledgment of paternity.
  2. Custody and Access: Fathers can apply for custody or visitation rights if they are separated from the child’s mother. The courts prioritize the best interests of the child when making such determinations.
  3. Child Maintenance: Fathers have the right to request that the mother contributes to child maintenance, especially if they are the primary caregiver.
  4. Legal Representation: Fathers have the right to seek legal representation in matters relating to their children, including custody disputes and maintenance claims.
  5. Participation in Major Decisions: Fathers should be involved in significant decisions affecting their child’s life, such as schooling or medical treatment.
  6. Protection Against Unreasonable Actions: Fathers can seek legal recourse if they believe the mother is acting unreasonably regarding access or other parental rights.

How to get full custody of a child as a mother in South Africa?

To seek full custody of a child as a mother in South Africa, you’ll need to follow specific steps, keeping in mind that the court prioritizes the best interests of the child. Here’s a general outline of the process:
  1. Understand Types of Custody: Familiarize yourself with the different types of custody—sole custody (full custody) and joint custody. Full custody means you have the exclusive right to make decisions regarding the child’s upbringing.
  2. Gather Evidence: Collect evidence that supports your case for full custody. This may include:
    • Documentation of the child’s living conditions.
    • Records of the child’s needs (educational, medical, emotional).
    • Evidence of your involvement in the child’s life.
    • Any instances of unfit parenting by the other parent (if applicable).
  3. Legal Advice: Consult a family lawyer who specializes in custody matters. They can help you understand your rights, prepare your case, and navigate the legal process.
  4. File an Application: Submit an application to the Family Court for custody. This typically involves:
    • Completing the necessary court forms.
    • Including your evidence and reasons for seeking full custody.
    • Paying any applicable court fees.
    1. Attend Mediation: Courts often encourage mediation to resolve custody disputes amicably. Be prepared to discuss your preferences and the child’s best interests.
    2. Court Hearing: If mediation fails, a court hearing will be scheduled. During this time:
      • Present your case, including evidence and any witnesses who can support your claim.
      • The other parent will have an opportunity to present their case as well.
    3. Best Interests of the Child: The court will consider various factors to determine the best interests of the child, including:
      • The emotional and developmental needs of the child.
      • The child’s relationship with both parents.
      • Each parent’s ability to provide for the child’s needs.
    4. Receive the Court Order: After the hearing, the court will make a decision and issue a custody order. If awarded full custody, you’ll have the legal authority to make decisions about the child’s life.
    5. Ongoing Compliance: Ensure compliance with the court order and maintain open communication with the other parent regarding the child’s welfare.
    It’s essential to remain focused on the child’s best interests throughout the process. Legal advice is crucial to effectively navigate the complexities of custody cases.

Posted on by Telelaw

How to find the best advocate or attorney for legal services in South Africa?

Finding the best legal practitioners for you is not always straightforward. However, with some research and attention to detail, you will find the right person for the job sooner than later. Advocates and attorneys both assist their clients with legal matters. Legal issues vary, and not all advocates and attorneys do the same type of work. And then again, not all attorneys are the same, and not all advocates are the same. You should be familiar with this if you intend to use the top or best attorney or advocate for your matter.

Type of Attorney in South Africa

When we speak about attorneys, we need to differentiate them from lawyers in general. A lawyer can be someone who works for the government or in a corporation and who only advises on legal issues. They would not represent their employee at work, nor would they ever set foot in a courtroom. However, attorneys, on the other hand, usually represent clients in legal matters. The matter can relate to employment issues, family law issues, or debt collection. Therefore, the distinct difference between an attorney, and a lawyer who is not an attorney, is that the attorney would represent members of the public in legal matters. You also find attorneys who are conveyancers and notaries. They are specialists. Therefore, to obtain the best attorney for you, make sure you know that not all lawyers are attorneys and that not all attorneys do the same work.

Type of Advocates in South Africa

Advocates usually represent clients in legal matters. When you speak about and advocate, you usually refer to matters connected with the Court. You also have an advocate doing office work, but then that type of work can be done by an attorney or lawyer. In South Africa, we have two types of advocates. They are the referral advocate and then the Trust Account Advocate. The Trust Account Advocate can take work directly from members of the public. Basically, the same as an attorney can. The client would pay a deposit into the Trust Account Advocate’s Trust Banking Account. Advocate Muhammad Abduroaf is a Trust Account Advocate. He can therefore take instructions directly from members of the public. If you wish to instruct him on a legal matter, feel free to do so. If, however, he is unable to be of assistance, he will do his best to obtain a lawyer that suits your needs. [caption id="attachment_10671" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10670" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10669" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10668" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10667" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10666" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10665" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10664" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10663" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10662" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10661" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10660" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10659" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10658" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10657" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10656" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10655" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10654" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10653" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10652" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10651" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town Advocate Muhammad Abduroaf – Trust Account Lawyer- Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent High Court Cape Town[/caption] [caption id="attachment_10650" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10649" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10648" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10647" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10646" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10645" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10644" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10643" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10642" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10641" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10640" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10639" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10638" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10637" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10636" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10635" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10634" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10633" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10632" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10631" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption] [caption id="attachment_10630" align="alignnone" width="300"]Advocate Muhammad Abduroaf - Trust Account Advocate - Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent Advocate Muhammad Abduroaf – Trust Account Advocate – Best Legal Law Practitioners (Advocate Attorney) Child Custody Maintenance Contact Divorce Relocation Passport Consent[/caption]

Posted on by Telelaw

International Family Law matters, applicable to South Africa

Divorces are not only limited to people living in the same country. Often, you will find that one spouse lives in South Africa and the other in a different country. They want to get divorced but do not know how to go about it. The question now is, which country and which court should divorce them? We regularly receive these types of queries from people living in the Middle East and the United Kingdom. advice-child-maintenance-child-custody-divorceThe same problem arises in the case of parents living in different countries, but there are complications regarding contact and access to their minor children. Let’s say, one parent, lives in Cape Town and the other in Taiwan. How does the parent living in Taiwan enforce his contact rights to his child in South Africa? Does he or she approach the court in Taiwan? Or should he or she approach the Court in South Africa? And Lastly, there is an issue regarding child maintenance. What happens in the case where one parent lives in Cape Town and the other in New York? How does child maintenance work? Can the parent living in Cape Town with the children obtain a maintenance order against a parent in New York? This article will deal with the above three topics. Read on to learn more.

South Africans living abroad

South African expatriates are found all over the world. These include the following places:
  • The United Kingdom
  • United States of America
  • Canada
  • Chile
  • Taiwan
  • New Zealand
  • Japan
  • India
  • Brazil
  • China
Whatever the destination and/or location is, this article would be a useful read. Especially so if you find yourself in an international family law dispute. advice-child-maintenance-child-custody-divorceWe regularly receive enquiries and requests for legal advice and/or assistance from people who have a legal connection to South Africa, but do not live here. This may include an intended divorce, where one of the spouses reside in South Africa, or a child contact issue, where a parent would like to have contact with his or her child living here.

With the advances in technology, providing advice and assistance to clients abroad becomes very easy, and convenient. There is Skype, WhatsApp Video, FaceTime, to mention a few that can bridge the communication gap. But for now, let us deal with the legal issues involved and fly away with divorces.

I live in the United Kingdom, and want to divorce my spouse living in Cape Town

Many people believe that because they got married in South Africa, any court in South Africa can divorce them. Or because they lived in Cape Town, that the Western Cape High Court in Cape Town can divorce them, even though they live in London at present. That is not the case. You will see why not. The issue is that of the Jurisdictional authority of the relevant Court.

Jurisdiction of the Divorce Courts in South Africa

Section 2(1) of the Divorce Act, states the following when it comes to the Court’s Jurisdiction: “A court shall have jurisdiction in a divorce action if the parties are or either of the parties is- (a) domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or (b) ordinarily resident in the area of jurisdiction of the court on the said date and have or has been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date.”

advice-child-maintenance-child-custody-divorce

So, as you can see, you need to have fulfilled one of those latter requirements. Therefore, if you and your spouse moved to England, to settle there, you may not get divorced in Cape Town if the marriage broke down. This is so even though your marriage took place in Cape Town and you own property there. If, however, the husband lives in England, and the wife in Cape Town and she is resident there, then the divorce is possible in Cape Town. Now let us move on to other family law related matters. We will tackle the issue of child contact next.

I live in the United States of America, and I am not allowed to have contact with my child living in Cape Town, South Africa

It often happens that parents would have a relationship and bring a child into this world. The relationship deteriorates, and one parent then moves and relocates to another country. In our experience, this is usually work related. Everything would seem to go well until the relocating parent has problems exercising contact with his or her child in South Africa. The challenge for the parent that relocated is the distance. He or she is not able to pop into the child’s home should they not answer the phone or visit the children at school should he or she not be able to get hold of them. Luckily, in this case, because the children are living in a specific province, for example, the Western Cape, the parent who relocated can have his or her attorney approach the Court locally to enforce his or her rights. So, for example, let’s say in this case, the father relocated, he can enlist the services of an attorney in Cape Town to make an Urgent Application to the Western Cape High Court for an Order for immediate telephonic, or video contact. An Application in the Children’s Court would be problematic as he would have to be present at the Court. This, of course, would not be an issue if he is willing to fly down for each of the Court hearings. The Court would then hear the matter and decide what is best for the children involved. If it would be best for them to have telephonic and/or video contact with the father on a regular basis; the court would then make the appropriate order. The party can also consider incorporating a clause which would entail the minor children traveling to him overseas.

How to claim child maintenance for my children if the other parent lives in New York

International child maintenance is always a complicated issue. This is so as the parent who is supposed to pay maintenance is out of the country. For this very reason, a parent living in South Africa will have to make use of international law.

advice-child-maintenance-child-custody-divorce

The parent will approach the maintenance court in South Africa who in turn will approach the court in the country where the parent who is supposed to pay maintenance lives. We will not go into detail in this article on how exactly the process works. However, it basically entails a court making an order in Cape Town and then later having it registered in the foreign country. The applicable legislation is the Reciprocal Enforcement of Maintenance Orders Act 80 of 1963. The reverse also applies. Let’s say a parent lives in California and requires maintenance from a parent in South Africa. Then the same process would be applied. The parent would make an application for a maintenance order in California, and then have it registered in Cape Town. The Reciprocal Enforcement of Maintenance Orders Act 80 of 1963 would also apply to South Africa. If this is applicable to you, we advise that you approach your local maintenance court as soon as possible.

advice-child-maintenance-child-custody-divorce

Posted on by Telelaw

Do you require a video legal advice consultation?

Click here and schedule one today!