Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Carletonville Children’s Court

Family law legal matters can be very stressful. This is so whether you live in Carletonville or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.

This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Carletonville. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Carletonville or any other city in South Africa.

What to do before visiting the Carletonville Children’s Court

Before you approach the Children’s Court in Carletonville, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Carletonville has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Carletonville Children’s Court for assistance.

TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.

Approaching the Carletonville Children’s Court

The Carletonville Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Carletonville Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.

Once you arrive at the Carletonville Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.

In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:

PART A: PARTICULARS OF CHILD(REN)
PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
PART D: PARTICULARS OF MATTER

In part D, the following is stated which you need to provide in the form:

Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
Documents: Are there any documents relating to the matter? (If so please attach)

Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Carletonville.

TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.

Processing your Application at the Carletonville Children’s Court

Once you complete the Form A and submit it to the Clerk of the Carletonville Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.

TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.

Appearing in the Carletonville Children’s Court

When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:

Get a social worker involved in the matter;
Appoint a legal representative for the minor child;
Implement interim care and contact arrangements;
Having the parties attempt to agree on a parenting plan;

In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.

TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.

Finalising the matter in the Carletonville Children’s Court

Once the Carletonville Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.

TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.

The above Carletonville Children’s Court Application tips should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, 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, Carletonville, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Carletonville Children’s Court

What to do before visiting the Carletonville Children’s Court

TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.

Approaching the Carletonville Children’s Court

In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:

PART A: PARTICULARS OF CHILD(REN)
PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
PART D: PARTICULARS OF MATTER

In part D, the following is stated which you need to provide in the form:

Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
Documents: Are there any documents relating to the matter? (If so please attach)

Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Carletonville.

TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.

Processing your Application at the Carletonville Children’s Court

TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.

Appearing in the Carletonville Children’s Court

Get a social worker involved in the matter;
Appoint a legal representative for the minor child;
Implement interim care and contact arrangements;
Having the parties attempt to agree on a parenting plan;

Finalising the matter in the Carletonville Children’s Court

TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.

The above Carletonville Children’s Court Application tips should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, 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, Carletonville, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

What all separated parents should know before the holiday season. Use this legal advice to ensure that the holidays go by smoothly.
During the festive season, school is out and the holidays are here. This is a time of year when children get a break from the long school hours, early mornings, homework and exams. It is a welcomed relief to most parents and children. Parents no longer have to deal with homework, washing of school clothing and making sure their children arrive at school on time. Of course, there are other challenges. For example, the children would need to be entertained and be cared for during the day. Sometimes whilst the parents are at work.
Contact arrangements during school holidays
During the school holidays, contact arrangements of separated parents concerning their children would change. Children would usually be one full-half of the holidays with one parent, which half would alternate each year. The split usually takes place after Christmas. Some parents follow a week-on, and week-off arrangement. On a rare occasion, the parent continues with contact as they have during the school term. This may apply to parents who are working during the holidays. So most of the time, during a period in the holidays, one parent cares for the child; then the other can take a break from caring. If the mother is the primary caregiver, she can use this time to go on a mini-vacation or catch up on her reading or go out on an outing with her friend. Therefore holiday time could be very beneficial to the child and parents concerned. Sometimes one parent wants to go on a holiday overseas with the child to visit a relative, but consent is not forthcoming from the other parent. And other times, a parent wants to have more contact than they usually exercise, which would infringe the other party’s contact rights. On the flip side, a parent may not be available to care for the child during the holidays due to work, or other reasons. These and other issues can arise during the school holidays. This article will try to address some of these scenarios, with some advice, and advise on when to approach the court should they not be able to resolve them. Now let us begin.

Parenting arrangements for separated parents during the holidays

Parenting arrangements for separated parents can come in various forms. It may either be in the form of a mediated parenting plan, informal documented arrangement, or an order of Court. In other cases, the parties have some type of verbal agreement which they follow and confirm via email or text messages. Some parents use the children as the go-between to arrange holiday contact. Should the parents adhere to the terms of the agreement; no problems would arise during the holidays. A well deserved holiday would be on the horizon. However, our experiences are that during the end of the year holiday, problems are more likely to arise than at any other time of the year. This would be so notwithstanding there is a binding legal agreement in place. This article will attempt to highlight those problems and also provide you with workable solutions to avoid them. Let us start with the usual holiday contact.

Holiday contact – All families are different

All families are different. The type of contact a parent would have to a child during the holidays would vary from family to family. This would depend on the various family dynamics. For example, the age of the children, and whether or not the parents are working during the school holidays. Another factor is whether or not they live close to each other. Whatever the Dynamics, the parenting arrangement should be workable and sensible.

Equal sharing of long and short school holidays

The usual parenting agreement would be for the parents to share school holidays equally. Of course, not all parents have the privilege of not having to work during school holidays. It is therefore important that prior to the holidays, parents come to a workable agreement on how contact should be exercised during that period. This is not only in the child’s best interest but in the interests of the parents concerned. Parents will not want to spend their entire holiday fighting over contact. They should use this time to spend quality time with the children and also to enjoy the holiday season.

What all separated parents should do before the holidays

A few months before the holidays, the parents should discuss contact for that period. What worked a few years ago when the children were young might not be applicable today. For example, now the children have to attend school camp or attend to additional tuition. Furthermore, they may want to go away to a sporting event for the holidays. Notwithstanding the various dynamics, the parents have to come to an agreement regarding how contact should be exercised during school holidays way in advance. Obviously, during the school term, their schedule is set.

What to do if an agreement cannot be reached

Should the parents not be able to come to an agreement regarding contact during the school holidays, it is important for them to have a look at the parenting plan or Order of court in this regard. Usually, the parenting plan would deal with facilitation or mediation, as well as the Court Order. If it does not, it is strongly advised that you approach a mediator to assist in resolving the care and contact issues for the holidays. If that is not possible, then read on to learn more regarding some possible solutions.

When to approach the Court regarding holiday contact?

The last resort for parents who cannot agree on contact during the holidays is for them to approach the court. Even if there is a court order in place, but it has since become impractical, one would expect parents to act reasonably. However, if one parent is adamant that the court order should be followed, then approaching the court is the route to follow. But before doing so, it may be wise to see a legal practitioner for legal advice on the specific issue. An attorney may also send the other parent a letter. This may resolve matters. Let us look at a few examples of when approaching the court would be necessary.

Refusal of Contact when there is no order in place

If there is no court order in place, and the primary caregiver refuses you contact to your child, then first try to mediate the matter. Trying to enter into a parenting plan would be a wise idea. If that is not possible, or fails, then approaching the court would be the next step to follow. A family law attorney would be able to assist you.

There is a Court Order in place

Let’s say there is a contact court order in place. However, it is outdated and not workable. This is so because the children are now teenagers, and contact should be no longer every second day, but for a week at a time. This is not only practical but also what the children want. If there is a parenting plan in place, that allows for the mediation of such a matter, then mediation should be followed. If not, then a variation of the court order would be warranted. The court would always look at what is best for the children, and not what the parents want.

Refusal to give consent to take the minor child on holiday overseas

Both parents who hold parental responsibilities and rights of guardianship should consent to the minor child leaving South Africa for visits overseas. However, it often happens that custody agreements or Court orders don’t deal with this scenario. When the party separated they did not foresee the possibility of the child wanting to leave the country with the other parent. Nonetheless, this scenario is a reality. The parties, therefore, have to be sensible and come to an amicable agreement regarding it. If they cannot come to an agreement regarding the minor child leaving the country with the other parent then, unfortunately, the court should be approached.

Refusal to give consent for the minor child to obtain a passport

When the children were young at the time of divorce or separation, the parents may not have seen the necessity for them to obtain a passport. However, things changed. Now that their children are teenagers they may want to travel overseas with a parent. Should this occur they would have to obtain a passport. Here too the law says that both parents should consent for the application of a passport if they are both guardians. Therefore, if one parent does not consent then the High Court should be approached. This would be very unfortunate seeing that High Court litigation is very expensive. The parties would have to appoint a legal practitioner to make the application to the court and oppose it if necessary. This would not be in the minor child’s best interest. Nonetheless, the court will decide what is best for the minor child concerned.

Child maintenance during the festive season

Lastly, we would like to touch on the issue regarding child maintenance during the festive season. During holiday times, children become more expensive. They eat more, want to go out more, and at the same time use more water and electricity at home. Unfortunately, these added expenses can burden a parent caring for children during the holiday season. We, therefore, advise parents to timeously discuss these issues and see whether or not they can come to an agreement regarding the expenses of the child during the holidays. Unfortunately, if a parent does not want to contribute more than he or she is currently contributing; the other parent would have to approach the maintenance court. The sad reality of this is that the maintenance court can take many months to finalize such an issue. We, therefore, implore on all separated parents to be cognizant of this fact and try to be more generous regarding child maintenance during the holiday season.

Final words of advice two parents who are separated during the festive season

As outlined above, it is important that parents timelessly come to an agreement regarding contact in relation to a minor child during the festive season. If they do not do that, many problems can arise in the future. Of them could be limited or no contact with a minor child. It could also mean that a court should be approached should one parent not decide to provide contact to the minor child. This can all be avoided should the parties work together in what is best for the minor child concerned. If however, the parents cannot come to an agreement regarding contact, consent to travel abroad, or apply for a passport for a minor child; then the parents would have to resolve this matter in the High Court. This is best to be avoided at all costs.

We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Posted on 11 February 2025 by Telelaw

Looking for Family Legal Services in Bothasig– Child Maintenance, Child Custody, Visitation Rights and Divorce
Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.
Family Legal Advice Consultancy
We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Bothasig area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Bothasig

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Bothasig– Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to:

And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:

Child Maintenance

Child Custody

Divorce and Property

So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

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

Are you residing in Bothasig and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Bothasig area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7^th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:

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

Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Free legal products if you live in Bothasig

Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:

You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!

Posted on 11 February 2025 by Telelaw