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

 

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

What to do before visiting the Randfontein Children’s Court

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

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

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 Randfontein Children’s Court

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

Once the Randfontein 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 Randfontein 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, Randfontein, 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 Randfontein Children’s Court

 

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

What to do before visiting the Randfontein Children’s Court

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

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

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 Randfontein Children’s Court

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

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

Related Post

What are the legal implications of a step-parent adopting a child in South Africa? Is it possible and  what are the rights of the biological parents?

It often happens that a couple marries and there are step-children involved. A spouse would therefore have a child from a previous relationship. The previous relationship could either have been a marriage or just a romantic experience. Sometimes, the step-parent would want to adopt the child, affording him or her legal rights and responsibilities over the child. This is the case, even if the other parent is still alive and in the picture. It may happen that a parent is not much involved in a child’s life and would not mind that the other parent who cares for the child have his or her spouse adopt the child. By doing so, the child would have the step-parent’s surname. The responsibility towards the child would now also fall on the step-parent. Whatever the reason, this article deals with the legal aspects. As you would see further below, an adoption order has the following effect: (a) confers full parental responsibilities and rights in respect of the adopted child upon the adoptive parent; (b) confers the surname of the adoptive parent on the adopted child, except when otherwise provided in the order; (c) does not permit any marriage or sexual intercourse between the child and any other person which would have been prohibited had the child not been adopted; and (d) does not affect any rights to property the child acquired before the adoption. (3) An adopted child must for all purposes be regarded as the child of the adoptive parent and an adoptive parent must for all purposes be regarded as the parent of the adopted child. The law dealing with adoptions is the Children’s Act 38 of 2005 (the Act). Chapter 15 of the Act which deals with it is quite extensive. It starts at section 228 and ends at section 253. We will first deal with the issue as which child may be adopted. For a full view of the Act and the relevant sections, click here. Child who may be adopted 230.(1) Any child may be adopted if- (a) the adoption is in the best interests of the child; (b) the child is adoptable; and (c) the provisions of this Chapter are complied with. (2) An adoption social worker must make an assessment to determine whether a child (3) A child is adoptable if – (a) the child is an orphan and has no guardian or caregiver who is willing to adopt the child; (b) the whereabouts of the child’s parent or guardian cannot be established; (c) the child has been abandoned; (d) the child’s parent or guardian has abused or deliberately neglected the child, or has allowed the child to be abused or deliberately neglected; or (e) the child is in need of a permanent alternative placement. Next, we deal with who may adopt a child. Persons who may adopt child 231.(1) A child may be adopted- (a) jointly by- (i) a husband and wife; (ii) partners in a permanent domestic life-partnership; or (iii) other persons sharing a common household and forming a permanent family unit; (b) by a widower, widow, divorced or unmarried person; (c) by a married person whose spouse is the parent of the child or by a person whose permanent domestic life-partner is the parent of the child; (4 by the biological father of a child born out of wedlock; or (e) by the foster parent of the child. Lastly, should all go well, the court would make an adoption order. The next section of the Act deals with the effect of the adoption order. Effect of adoption order 242.(1) Except when provided otherwise in the order or in a post-adoption agreement confirmed by the court an adoption order terminates – (a) all parental responsibilities and rights any person, including a parent, step-parent or partner in a domestic life partnership, had in respect of the child immediately before the adoption; (b) all claims to contact with the child by any family member of a person referred to in paragraph (a); (c) all rights and responsibilities the child had in respect of a person referred to in paragraph (a) or (b) immediately before the adoption; and (d) any previous order made in respect of the placement of the child. (2) An adoption order – (a) confers full parental responsibilities and rights in respect of the adopted child upon the adoptive parent; (b) confers the surname of the adoptive parent on the adopted child, except when otherwise provided in the order; (c) does not permit any marriage or sexual intercourse between the child and any other person which would have been prohibited had the child not been adopted; and (d) does not affect any rights to property the child acquired before the adoption. (3) An adopted child must for all purposes be regarded as the child of the adoptive parent and an adoptive parent must for all purposes be regarded as the parent of the adopted child.

What are the rights of step-parents and his or her spouse after the step-parent adopted the child?

Once a child has been adopted by a step-parent, the court can order that both the step-parent and spouse (other biological parent) are the holders of parental responsibilities and rights. This issue was dealt with in the case of Centre for Child Law v Minister of Social Development (21122/13) [2013] ZAGPPHC 305; 2014 (1) SA 468 (GNP) (30 October 2013). The court stated the following: [14] The advice allegedly given by officials of the Children’s Court to prospective applicants for adoption that, in terms of s. 242 of the Act, the granting of an application for adoption by a step-parent will automatically terminate all rights and responsibilities of the parent in respect of the child, ignores the exception provided for in the preamble of s. 242. In terms thereof, an adoption order terminates those rights “except when provided otherwise in the order…………… The Children’s Court therefore has a discretion to order that the rights and responsibilities of a child’s parent or guardian will not terminate upon the grant of an adoption order in favour of the step-parent. It will, save in exceptional circumstances, clearly be in the best interests of the child that such an order be made. The Children’s Court is obliged to function in a manner which in each case promotes the best interests of the child and should, except where there are sound reasons not to do so, make an order that the granting of an adoption order in favour of a step-parent will not terminate the responsibilities and rights of the child’s parent or other guardian. In this case, the court made the following order: [17] In the result, I grant the following order: 1.It is declared that section 230(3) of the Children’s Act, 38 of 2005, does not preclude a child from being adoptable in instances where the child has a guardian and the person seeking to adopt the child is the spouse or permanent domestic life-partner of that guardian. 2.It is declared that section 242 of the Children’s Act, 38 of 2005, does not automatically terminate all the parental responsibilities and rights of the guardian of a child when an adoption order is granted in favour of the spouse or permanent domestic life-partner of that guardian, having regard to the discretion which section 242 affords the court to order otherwise. 3…

What are the rights of the step-parent and the biological parent’s post-adoption?

Once the step-parent adopts the child, he or she has full parental responsibilities and rights as outlined above., The court can also order that you retain your parental responsibilities and rights over your child. At the same time, unless there is a post-adoption agreement stating otherwise, the other parent loses all his or her rights over the child.
Posted on by Telelaw

Best Advice: The Importance of Having a Skilled Criminal Trust Account Advocate – Advocate Muhammad Abduroaf

It is possible to obtain the services of an advocate directly. In other words, not via an attorney. That is the case should you make use of a Trust account advocate. If you want to use a referral advocate, you must go via an attorney. This article deals with a trust account advocate who provides legal services for criminal law. In criminal law, having a competent and experienced criminal trust account advocate by your side can be the difference between a favourable outcome and devastating consequences. Criminal charges can have life-altering implications, including imprisonment, hefty fines, and a permanent criminal record. Therefore, it is imperative to understand why securing the services of a highly skilled criminal trust account advocate is essential.

Expertise in the Legal System

A criminal trust account advocate possesses the specialised knowledge necessary to navigate the complexities of the legal system. Criminal law is multifaceted and constantly evolving, with various rules and regulations that can be challenging to interpret for someone without legal training. A seasoned trust account advocate will be familiar with the law and can leverage this knowledge to build a strong defence.

Protection of Rights

One of the most important roles of a criminal trust account advocate is to protect your rights throughout the legal process. From the moment you are arrested, you have legal rights that must be upheld. A skilled trust account advocate will ensure that law enforcement, police and the prosecution do not violate these rights, potentially leading to the dismissal of evidence or even charges.

Case Strategy Development

A good criminal trust account advocate analyses the details of your case, including evidence, witness statements, and procedural aspects, to develop an effective defence strategy tailored to your situation. They can identify potential weaknesses in the prosecution’s case, negotiate plea deals, or prepare for trial if necessary. This strategic planning is critical in achieving the best possible outcome.

Negotiation Skills of the Trust Account Advocate

Many cases are resolved through negotiation rather than going to trial. A proficient criminal trust account advocate will have strong negotiation skills to secure favourable plea deals or reduced charges. Their experience in dealing with prosecutors allows them to trust account advocate effectively on your behalf and seek the best possible resolution to your case.

Emotional Support

Facing criminal charges can be incredibly stressful and emotionally draining. A good trust account advocate provides legal representation and emotional support during this challenging time. They can explain the legal process, answer your questions, and keep you informed, helping to alleviate some of the anxiety associated with the situation.

Trial Experience of the Trust Account Advocate

If your case goes to trial, having a trust account advocate with trial experience is invaluable. They understand courtroom procedures, evidence rules, and strategies to persuade a judge or magistrate. Their ability to present your case compellingly can significantly influence the outcome.

What to Look for in a Good Criminal Law Trust Account Advocate

Selecting the right criminal law trust account advocate is a critical decision that can significantly impact your case. Here are some key factors to consider when searching for a good trust account advocate:

Experience and Specialisation

The first factor to consider is the experience of the trust account advocate. Look for someone specialising in criminal law and with a proven track record in handling similar cases. Inquire about their prior cases, outcomes, and overall success rate. Trust account advocates with specific experience in your type of case (e.g., DUI, drug offences, theft or fraud, violent crimes) will have a deeper understanding of the nuances involved.

Reputation of the Trust Account Advocate

Research the reputation of potential trust account advocates within the legal community. Word of mouth, online reviews, and testimonials can provide insight into an advocate’s credibility and effectiveness. A good reputation often reflects an advocate’s dedication to clients and ability to achieve positive outcomes.

Communication Skills of the Trust Account Advocate

Effective communication is essential in a lawyer-client relationship. Your trust account advocate should be able to explain legal concepts in a way you can understand while also being a good listener. They should take the time to address your concerns, provide updates on your case, and ensure you feel informed and empowered throughout the process.

Availability of the Trust Account Advocate

Assess the trust account advocate’s availability and willingness to dedicate time to your case. A high caseload may mean less personalised attention. Choose someone willing to invest the necessary time and effort into building your defence.

Fees and Costs of the Trust Account Advocate

Understanding the trust account advocate’s fee structure is critical. Some charge flat fees, while others bill by the hour. Be sure to discuss costs upfront to avoid surprises later. Additionally, consider a trust account advocate’s willingness to provide a clear breakdown of services included in their fees.

Trial Preparation

If your case is headed for trial, it’s essential to have a trust account advocate who is well-prepared and has a clear trial strategy. Inquire about their track record, experience in the courtroom, and how they plan to approach your case if it goes to trial.

Personal Rapport of the Trust Account Advocate

Finally, it’s essential to choose a trust account advocate with whom you feel comfortable. Building a trusting relationship is vital, as you must share personal information and rely on their guidance. Meet with potential trust account advocates to gauge your comfort level and ensure they are someone you can work with collaboratively.

Conclusion

In conclusion, having a good criminal trust account advocate cannot be overstated. Their expertise, knowledge, and dedication to protecting your rights can profoundly impact the outcomes of your case. When searching for a criminal law trust account advocate, consider their experience, reputation, communication skills, and more. Taking the time to find the right trust account advocate will provide you with peace of mind, knowing that your legal representation is in capable hands. This decision is one of the most important steps you can take in navigating the complexities of criminal law and achieving the best possible outcome for your case.  

Posted on by Telelaw

Do you require a video legal advice consultation?

Click here and schedule one today!