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

 

Family law legal matters can be very stressful. This is so whether you live in Phuthaditjhaba 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 Phuthaditjhaba. 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 Phuthaditjhaba or any other city in South Africa.

What to do before visiting the Phuthaditjhaba Children’s Court

Before you approach the Children’s Court in Phuthaditjhaba, 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. Phuthaditjhaba 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 Phuthaditjhaba 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 Phuthaditjhaba Children’s Court

The Phuthaditjhaba Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Phuthaditjhaba 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 Phuthaditjhaba 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 Phuthaditjhaba.

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 Phuthaditjhaba Children’s Court

Once you complete the Form A and submit it to the Clerk of the Phuthaditjhaba 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 Phuthaditjhaba 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 Phuthaditjhaba Children’s Court

Once the Phuthaditjhaba 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 Phuthaditjhaba 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, Phuthaditjhaba, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on by Telelaw

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

 

Family law legal matters can be very stressful. This is so whether you live in Phuthaditjhaba 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 Phuthaditjhaba. 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 Phuthaditjhaba or any other city in South Africa.

What to do before visiting the Phuthaditjhaba Children’s Court

Before you approach the Children’s Court in Phuthaditjhaba, 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. Phuthaditjhaba 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 Phuthaditjhaba 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 Phuthaditjhaba Children’s Court

The Phuthaditjhaba Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Phuthaditjhaba 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 Phuthaditjhaba 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 Phuthaditjhaba.

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 Phuthaditjhaba Children’s Court

Once you complete the Form A and submit it to the Clerk of the Phuthaditjhaba 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 Phuthaditjhaba 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 Phuthaditjhaba Children’s Court

Once the Phuthaditjhaba 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 Phuthaditjhaba 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, Phuthaditjhaba, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Related Post

Relocating from South Africa with your child – When do you need consent from the father?

 Relocation – If you were born and raised in South Africa, it does not mean that you have to live there for the rest of your life. There are opportunities elsewhere in the world to live and continue your life’s journey. This may include a neighbouring country, or on another continent like Europe. Wherever it is, there are a few things to consider should you wish to relocate with your minor child. This is especially so if you are not relocating with the father. If you are the only parent to your child, then this article may not apply to you. This is where we will start off this article.

The other parent when it comes to relocation

If you are a mother and was never married to the father of your child, the father may have guardianship rights. This would be the case even though the father’s name is not mentioned on the child’s birth certificate. This is so as the Children’s Act affords certain rights to unmarried fathers. Therefore, if an unmarried father has parental rights and responsibilities of guardianship, his consent is required. This we deal with next.

Guardian’s Consent for relocation and passport – What does the law say?

The Children’s Act states the following: 18 Parental responsibilities and rights (1) A person may have either full or specific parental responsibilities and rights in respect of a child. (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right- (a) to care for the child; (b) to maintain contact with the child; (c) to act as guardian of the child; and (d) to contribute to the maintenance of the child. (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must- (a) administer and safeguard the child’s property and property interests; (b) assist or represent the child in administrative, contractual and other legal matters; or (c) give or refuse any consent required by law in respect of the child, including- (i) consent to the child’s marriage; (ii) consent to the child’s adoption; (iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport; and (v) consent to the alienation or encumbrance of any immovable property of the child. (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3) (c) .

Consent to the child’s departure or removal from the Republic of South Africa and Passport

As can be seen above, section 18(3)(c)(iii) and (iv), read with section 18(5) of the Children’s Act; both guardians’ consent is required for the minor child’s departure or removal from South Africa and for a passport. Therefore, should a mother decide to relocate to Canada, for example, she would need the father’s consent if he is a guardian. Now it is clear that not all fathers are guardians of their children. Here the law differentiates between married and unmarried fathers.

Parental responsibilities and rights of married fathers

Section 20 of the Children’s Act deals with the Parental responsibilities and rights of married fathers. It states the following: 20 Parental responsibilities and rights of married fathers The biological father of a child has full parental responsibilities and rights in respect of the child- (a) if he is married to the child’s mother; or (b) if he was married to the child’s mother at- (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth. From the above, it is a given, that fathers who were married to the mother, as described above should consent for the relocation and application for a passport of the minor child. This is so as full parental responsibilities and rights include the right of guardianship over the child.

Parental responsibilities and rights of unmarried fathers

Section 21 of the Children’s Act deals with Parental responsibilities and rights of unmarried fathers. It states the following: 21 Parental responsibilities and rights of unmarried fathers (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child- (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or (b) if he, regardless of whether he has lived or is living with the mother- (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law; (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period. (2) This section does not affect the duty of a father to contribute towards the maintenance of the child. (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b) , the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person. (b) Any party to the mediation may have the outcome of the mediation reviewed by a court. (4) This section applies regardless of whether the child was born before or after the commencement of this Act. Analysing the above, it is clear that only if an unmarried father played a material role in the child’s life, as stipulated, he acquired the parental responsibility and right of guardianship over the child. Therefore, his consent would be required for the relocation and application for a passport.

What if a father does not want to consent to the relocation and application for a passport?

If the father does not want to consent to the relocation and application for a passport of the minor child and he has legal guardianship over that child; section 18(5) of the Children’s Act referred to above finds application. The mother would then have to approach the High Court to dispense with the father’s consent. 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  
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Advocate Muhammad Abduroaf deals with legal issues relating to Muslim Marriages and Relations.

In an increasingly complex legal landscape, ensuring that your rights and obligations are effectively managed becomes paramount. For Muslim families dealing with legal issues related to marriage, child custody, and guardianship, the choice of legal representation can significantly impact the outcomes. Advocate Muhammad Abduroaf has experience and knowledge in matters of Muslim rites, particularly for issues surrounding family law. Below are several compelling reasons why Muslim mothers, fathers, husbands, and wives should consider appointing Advocate Muhammad Abduroaf for their legal needs.

Assisting in Islamic Family Law

Muslim family law is intricate, often deeply intertwined with religious guidelines. Advocate Muhammad Abduroaf possesses knowledge in these areas, ensuring that clients receive legal representation aligned with their beliefs and values. His expertise extends beyond the basic legal frameworks, incorporating an understanding of cultural nuances and religious considerations, which is essential in cases involving divorce, custody, and maintenance. By choosing Advocate Abduroaf, families can be assured that their legal matters are managed by someone who respects and upholds their religious principles.

Compassionate Client Focus

Family law issues can be emotionally taxing and fraught with tension. Advocate Muhammad Abduroaf adopts a client-centred approach, emphasising empathy and understanding throughout the legal process. He recognises that each case has unique dynamics and responds to the individual needs of his clients. This compassionate approach helps alleviate stress for families during difficult times, enabling them to focus on their emotional well-being while knowing their legal matters are in capable hands.

Proven Track Record in Child Custody and Maintenance Cases

Child custody and maintenance are often at the heart of legal battles involving families. Advocate Muhammad Abduroaf has a proven track record of successfully representing clients in these delicate matters. He understands the importance of ensuring that children’s rights and welfare are protected during and after a separation or divorce. His familiarity with court processes and procedures provides clients with a strategic advantage in negotiations, mediation, and litigation.

Robust Representation in the Courts

When legal disputes escalate to the courtroom, having a skilled advocate can make all the difference. Advocate Muhammad Abduroaf is experienced in advocating for his client’s rights before the courts, particularly in cases that require litigation. He is adept at presenting compelling arguments and evidence, defending his clients’ positions while aiming for fair and just outcomes. The confidence that comes with knowing your advocate is tenacious and knowledgeable about court procedures can be invaluable in high-stakes situations.

Comprehensive Services for Family Law Matters

From child custody and maintenance to guardianship, care, and contact, Advocate Muhammad Abduroaf offers a comprehensive suite of services that cover a wide array of family law issues. This one-stop approach means that families can receive all the legal assistance they need without the hassle of seeking multiple legal representatives. This holistic approach not only streamlines the process but also fosters a deeper understanding of each family’s unique situation.

Conflict Resolution Expertise

Not all disputes need to end in court. Advocate Muhammad Abduroaf is not only an aggressive litigator but also an expert in mediation and conflict resolution. He understands that many family disputes, especially those involving children, are best resolved amicably. His skills in negotiation can lead to settlements that address the needs and concerns of all parties involved, preserving relationships and minimizing stress for everyone, particularly children.

Tailored Legal Solutions

Every family is different, and so are the legal challenges they face. Advocate Muhammad Abduroaf takes time to understand the specifics of each case, allowing him to create tailored legal strategies. Whether a mother seeks child custody or a father requires legal assistance in maintenance issues, his personalised approach ensures that legal solutions are aligned with each family’s unique circumstances and goals.

Cultural Sensitivity and Understanding

In the realm of family law, cultural context is crucial. Advocate Muhammad Abduroaf’s understanding of the social and cultural dynamics within Muslim communities ensures that his advocacy is not just legally sound but culturally relevant. This sensitivity helps build trust and rapport with clients, fostering a working relationship where clients feel heard and respected.

Commitment to Ethical Practices

Ethical representation is a cornerstone of Advocate Muhammad Abduroaf’s practice. He conducts all dealings with integrity, ensuring that clients are fully informed of their options and the potential outcomes of their cases. This commitment to transparency empowers clients to make informed decisions regarding their legal matters.

Community and Network Support

Working with Advocate Muhammad Abduroaf connects clients to a broader network of community resources and support systems. He has established relationships within the community, allowing clients access not only to legal support but also to relevant social services. This holistic support network can be invaluable in navigating the many challenges that arise during legal disputes.

Final Thoughts

For Muslim families facing legal challenges related to marriage, divorce, custody, or maintenance, Advocate Muhammad Abduroaf is a trusted ally in navigating a complex legal landscape. His expertise in Islamic family law, combined with a compassionate approach and proven courtroom skills, makes him an exceptional choice for representation. By choosing Advocate Abduroaf, families can be assured of receiving personalised, culturally sensitive, and ethically grounded legal support, empowering them to protect their rights and secure the best possible outcomes for themselves and their children. Appointing Advocate Muhammad Abduroaf is not just a legal decision; it is an investment in peace of mind and family welfare during turbulent times.

Posted on by Telelaw

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