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

 

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

What to do before visiting the Port Nolloth Children’s Court

Before you approach the Children’s Court in Port Nolloth, 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. Port Nolloth 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 Port Nolloth 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 Port Nolloth Children’s Court

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

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 Port Nolloth Children’s Court

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

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

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

 

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

What to do before visiting the Port Nolloth Children’s Court

Before you approach the Children’s Court in Port Nolloth, 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. Port Nolloth 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 Port Nolloth 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 Port Nolloth Children’s Court

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

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 Port Nolloth Children’s Court

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

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

Related Post

I require reasonable contact with my minor child. I want to approach the High Court. Please provide an example of an Application.

If you are seeking contact with your child, you may approach the High Court for assistance, the process can vary slightly depending on the High Court or province. However, the general principles remain the same. Here are general steps that you may consider taking, but keep in mind that it’s important to consult with a family law attorney or advocate in your specific location to get accurate and tailored advice:
  1. Consult with an Attorney or Advocate:

    • Before taking any legal action, it’s advisable to consult with a family law attorney or Advocate. They can provide guidance on the specific laws and help you understand your rights and options.
  2. Mediation or Alternative Dispute Resolution:

    • In some jurisdictions, before going to court, parties may be required to attempt mediation or alternative dispute resolution methods to reach an agreement outside of court. This can be a less adversarial and more cooperative approach.
  3. File an Application:

    • If informal negotiations or mediation do not lead to an agreement, you may need to file a formal application with the High Court. This document will outline your request for access or visitation rights.
  4. Serve Legal Documents:

    • After filing the Application, you will need to ensure that the other parent is served with legal documents notifying them of the court proceedings. This is typically done by a Sheriff of the High Court.
  5. Attend Court Hearings:

    • There will likely be court hearings where both parties present their cases. It’s crucial to attend these hearings and be prepared to provide evidence supporting your request for access to your child.
  6. Court Order:

    • If the court determines that it is in the best interests of the child for you to have access, they may issue a court order outlining the terms of visitation or access rights.
  7. Follow Court Orders:

    • Once a court order is in place, it’s important to comply with its terms. Failure to adhere to court orders can have legal consequences.
  8. The Children’s Court

    • Please note that you may also approach the Children’s Court for assistance. Their process is different from that of the High Court.

Need help?

Should you require assistance with a child custody dispute, whether you are the mother or the father, feel free to contact us.

Below is an example of a High Court Application.

          [caption id="attachment_11690" align="alignnone" width="677"]Child Custody Notice of Motion and Founding Affidavit Advocate Abduroaf - High Court Child Custody Notice of Motion and Founding Affidavit Advocate Abduroaf - High Court[/caption]       Child Custody Notice of Motion and Founding Affidavit Advocate Abduroaf - High Court [caption id="attachment_11693" align="alignnone" width="710"]Child Custody Notice of Motion and Founding Affidavit Advocate Abduroaf - High Court Child Custody Notice of Motion and Founding Affidavit – Advocate Abduroaf – High Court[/caption] Child Custody Notice of Motion and Founding Affidavit Advocate Abduroaf - High Court [video width="1210" height="1712" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Child-Custody-High-Court-Application-Advocate-Muhammad-Abduroaf.mp4"][/video]  

FREE DIY ONLINE TOOLS TO GET URGENT CONTACT TO YOUR CHILD DURING THE SCHOOL HOLIDAYS

The end of year holiday season is upon us. This is the time for families to come together and re-establish family bonds. It is also the time of year where many parents who are separated, or not living together, fight over aspects of contact to their children. Often times, a parent would be refused contact to his or her child for no good reason. This is not in the child’s best interests. We believe that children have a right to spend quality time with both his or her parents irrespective of what type of relationship the parents have amongst themselves. This way of thinking aids the minor child’s emotional and psychological development. With regard to how much quality time should a parent receive; this depends on the facts of the case. However, the deciding factor is what is in the child’s best interests. This is what we shall look at next.

The Child’s best interests – Holidays or not

All parents need to conduct themselves in a manner conducive to the child’s best interests. In other words, they need to put their personal issues aside with the other parent and focus on what is best for the child. What often happens, is that one parent tries to punish the other parent by making use of the child. Therefore, they would prefer to alienate a parent from their child and refuse him or her any contact during the holiday season and other times. Often time children are left with a grandparent, aunt or non-relative to care for them whilst the other parent is busy during the holiday season. The child is the one that loses out in the long run. His or her development would be prejudiced, which could lead to serious mental and psychological developmental issues in the future. A child required both parents to bring him or her into the world. And in the same manner, a child requires both parents to live a complete and meaningful life. Having said this, if you are being unreasonably refused contact to your child, and feel that it is not in the best interests of the child, read further, and find out what you can do.

What can you do if you are being refused contact to your child in the Holidays?

We don’t believe in resorting to litigation the moment a dispute regarding child care and contact arises. In other words, going to court at the first sign of trouble, or unreasonableness on the part of the other parent, is not always the best thing to do. Litigation is expensive, time consuming and may not result in the best solution for the parents and the child. Furthermore, you may have to expose the child to being assessed by third parties, which could lead to the child having to make certain choices regarding his or her parents.

Parenting Plans

Sometimes, other professional people should be approached for assistance. Here we are referring to mediators, social workers or psychologists. Parents can meet with these suitably qualified people and try to mediate a
parenting plan. A parenting Plan is an agreement between parents outlining their parental responsibilities and rights of care, contact and maintenance in relation to their child. It may include other relevant aspects as well. As the law currently stands, unless it is a matter of urgency, before approaching a court, parents must first try to enter into a parenting plan. If trying to agree to a parenting plan does not get you anywhere, then some legal intervention is needed. This is where you want a court to look into what is in the child’s best interests. A lot has been written on the topic of urgent contact on this website. Here are a few links on the law regarding child contact and Court Applications.
  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. How do I get full custody over my child?
  3. Parental Child Abuse in Custody Cases
  4. Relocate with minor child. Parent Refusing Consent for a Passport
  5. Father being refused contact to his child! What are his rights as a Father?
  6. Father’s Parental Responsibilities and Rights to his Child
  7. Urgent Access to your Children without a Lawyer
  8. Parenting Plans and the Law
  9. What happens in a custody dispute where one parent is mentally ill?
  1. How to win your child custody and access court case – Tips and Tricks

Free DIY online form

What follows is a form which you can complete online, where after you would receive and email with the basic information required to get you started with an urgent court Application for holiday contact. Of course, you need to insert all additional relevant information. Once you received the email, you are on your way in making your Application to Court. For the purposes of this tool, we presume that you reside in the Western Cape, and will make use of the Western Cape High Court for the Application. You also need to obtain the Free DIY Urgent Child Contact Toolkit for mothers and Fathers. This is dealt with next.

Free DIY Toolkit

Download the Free DIY Urgent Child Contact Toolkit for mothers and Fathers found on this website. This would greatly assist you as an extra tool. The toolkit relates to an Urgent Child Contact Application in the Western Cape High Court which would be of assistance in making an urgent application and completing the form below.

Free Online Child Contact Application Form

Kindly complete the online form below. Once you completed the form, and submitted it, you would obtain an email with a Draft Notice of Motion and Founding Affidavit. You can then use those documents, together with those documents received in the Free DIY Urgent Child Contact Toolkit for mothers and Fathers  and prepare your Application. We advise that you consult with a legal Practitioner to assist you in the application should you decide to take it to Court. Best of luck. [ninja_form id=47] This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Free Legal Advice on Family Law and Related Topics

[caption id="attachment_7370" align="alignleft" width="198"]Advocate Cape Town Lawyer Attorney Legal High Court Our location[/caption] Legal services can be very expensive. However, if you know how to move around the web, you can easily find free resources. If you are in search of family law related legal services and advice, you are at the right place. We are a legal consultancy based in the Western Cape. Our services comprise of various family law and other legal fields. Should you require any family law legal advice or services, click on the various links on this website.

Our Family Law Clients

We firmly believe in family relations and the need to protect and enforce it when necessary. Therefore, proper workable legal advice must always be provided. This we strive to ensure. Although we are based in Cape Town, we offer legal advice and legal services to clients throughout South Africa. This we do as we believe in providing high-quality legal services to everyone who requires it.

 

Free Family Law Resources

If you require any of the following free resources, feel free to order them.
  1. A Free Basic Will Tool Kit
  2. Free Shariah Will Template
  3. A Free Divorce Starter Tool Kit
  4. Free Child Maintenance Calculator
  5. A Free DIY Urgent Child Contact Toolkit
  6. Urgent Holiday Contact Toolkit

If you are in search of family law articles, view some of them below.

 Child Maintenance

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a parent?
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

Child Custody

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. How do I get full custody over my child?
  3. Parental Child Abuse in Custody Cases
  4. Relocate with minor child. Parent Refusing Consent for a Passport
  5. Father being refused contact to his child! What are his rights as a Father?
  6. Father’s Parental Responsibilities and Rights to his Child
  7. Urgent Access to your Children without a Lawyer
  8. Parenting Plans and the Law
  9. What happens in a custody dispute where one parent is mentally ill?
  10. How to win your child custody and access court case – Tips and Tricks

Divorce & Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

Domestic Violence

  1. I’m in a physically and emotionally abusive relationship. Help from Abuse.
  2. How to make a Domestic Violence Application

Frequently asked questions

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option). You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today.

If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more. Visit our child custody and maintenance site for additional information. advice-child-maintenance-child-custody-divorce
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