Western Cape High Court and Advocate Muhammad Abduroaf

For those who do not know, Cape Town boasts the seat of the Western Cape High Court, the Highest Court of Law in the Western Cape.  Therefore, most major court cases makes its way to Cape Town.  This could either be due to the nature of the court case, or that a decision is being appealed and has to be heard in the Western Cape High Court. For that very reason, you will find many law offices in Cape Town.  These offices could either belong to a legal practitioner, who is an attorney or an advocate.

Advocate Muhammad Abduroaf

One such legal practitioner, is Advocate Muhammad Abduroaf whose chambers (offices) are very close to the Western Cape High Court. Academically, he holds an LL.B Degree (Bachelor of Laws Degree), as well as an LL.M Degree (Master of Laws Degree). As to the amount of years he has been practising as an advocate; it is over 15 (fifteen years). He gained prominence very early in his legal career, when he won a ground-breaking case for his client. Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock? This was not possible for over 80 years. The relevant case is Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 381 heard in 2014. Moreover, over a decade ago, Advocate Muhammad Abduroaf was an advocate in an important constitutional case. This was where the Western Cape High Court confirmed the extensive powers of the Maintenance Court, which includes interdicting pension funds. The relevant case is Soller v Maintenance Magistrate, Wynberg and Others 2006 2 SA 66 (C) 2006 446 heard in 2016.

Picture outside the Western Cape High Court

The picture in this post was taken when Advocate Muhammad Abduroaf exited the Western Cape High Court. To read more about the advocate, go ahead and Google him. Furthermore, have a look at this link https://www.ourlawyer.co.za/about-advocate-muhammad-abduroaf/  

Western Cape High Court and Advocate Muhammad Abduroaf

For those who do not know, Cape Town boasts the seat of the Western Cape High Court, the Highest Court of Law in the Western Cape.  Therefore, most major court cases makes its way to Cape Town.  This could either be due to the nature of the court case, or that a decision is being appealed and has to be heard in the Western Cape High Court. For that very reason, you will find many law offices in Cape Town.  These offices could either belong to a legal practitioner, who is an attorney or an advocate.

Advocate Muhammad Abduroaf

One such legal practitioner, is Advocate Muhammad Abduroaf whose chambers (offices) are very close to the Western Cape High Court. Academically, he holds an LL.B Degree (Bachelor of Laws Degree), as well as an LL.M Degree (Master of Laws Degree). As to the amount of years he has been practising as an advocate; it is over 15 (fifteen years). He gained prominence very early in his legal career, when he won a ground-breaking case for his client. Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock? This was not possible for over 80 years. The relevant case is Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 381 heard in 2014.

Moreover, over a decade ago, Advocate Muhammad Abduroaf was an advocate in an important constitutional case. This was where the Western Cape High Court confirmed the extensive powers of the Maintenance Court, which includes interdicting pension funds. The relevant case is Soller v Maintenance Magistrate, Wynberg and Others 2006 2 SA 66 (C) 2006 446 heard in 2016.

Picture outside the Western Cape High Court

The picture in this post was taken when Advocate Muhammad Abduroaf exited the Western Cape High Court. To read more about the advocate, go ahead and Google him. Furthermore, have a look at this link https://www.ourlawyer.co.za/about-advocate-muhammad-abduroaf/

 

Related Post

How much child maintenance should fathers pay?

At our law offices, we are often confronted with this question which is why we have introduced our
child maintenance calculator. This legal product is mostly for our mothers who are unsure of how much child support they should be receiving from the father. Do not despair. We know that all of this can be pretty daunting for the first time fathers learning about child support. With that being said, we have put together some professional, free online legal services for our single fathers. Feel free to click on the following links below for some expert advice:
  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
Are you interested in any of our legal services? Do feel free to contact our law offices on 021 424 3487 for an online appointment for a professional legal consultation today. Our law offices are situated in the heart of the buzzing CBD at Suite 702, 7th floor, The Pinnacle, Cape Town.

Divorce, child custody, child maintenance, visitation rights – this can all be daunting to the single father!   

We have fathers coming to visit our law offices on a regular basis – asking us: What do we do from here? How do I obtain visitation rights? Am I entitled to child custody? These are the common concerns our single fathers face and therefore, we have put together well thought out, free expert advice articles that can help you put things into perspective. Simply click on the links below: For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!

Parental rights in South Africa

The court can grant an order that can limit parental responsibilities and rights, depending on the nature or circumstance of the matter of course. However, when the court does make these changes, they will consider what’s in the child’s best interests. When terminating parental responsibilities and rights, the court will:
  • What is best for the child rather than parents
  • The relationship between the child and guardian
  • The dedication the guardian has shown to taking care of the child and
  • Other factors that may be relevant to the court.
For more on your parental rights and child custody legal advice, call our law offices today and have an online appointment made for you for a professional legal consultation. Connect with us today!

Our Family Law Clients

We firmly believe in family relations and the need to protect and enforce it when necessary. Therefore, proper 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.

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.
Advocate of the High Court of South Africa

High Court Advocate Cape Town Western Cape

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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Updated: 16 April 2020

New regulations have been issued on 16 April 2020. Click on the link below:
The material change is that you do not have to have a court order or a parental responsibilities and rights agreement or parenting plan, registered with the family advocate. Possession of a birth certificate or certified copy of a birth certificate is now also allowed.

Update: 07 April 2020

NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020)

“The child must remain in the custody of the parent with whom the child was with, when lockdown period started” – Directive 6(m)(ii) in terms of the Regulations [30 March 2020]

South Africa is in a state of a national lockdown. Our borders are closed, the economy is standing still or barely moving. There are troops on the ground and police on high alert. The doors of businesses are closed and people are to remain at home. All these measures are in place to limit the spread of COVID-19 or the Coronavirus. This is an important and necessary measure implemented by the State to flatten the curve. The South Africa, we are living in today is far different than the one we lived in 10 days ago. Not many people saw it coming.
“Continue paying your child support or child maintenance.”

Co-parenting during the National Lockdown Period

Before the commencement of the National Lockdown period, there was uncertainty about how the National Lockdown would affect co-parenting. And rightfully so. Parents had to consider the possibility of no movement of children during the national lockdown period. Not only for their safety and risking infection but for their children as well. What would then happen? Did it mean that the child would have to remain with one parent during the entire lockdown period? Or may they move the children around? This issue was resolved by the government and we wish to bring it to your attention.

What does the regulation or law say?

In summary, and in layman terms, children are not to be moved between parents during the lockdown period. Have a look at the recent regulations. The regulations in place brought about serious challenges for all. Firstly, what if the parent who is not the primary caregiver, and not capable of caring for the children for extended periods had the children during the start of the lockdown? This parent-only knows how to care for the children for a few days at a time – not at all for 21 days. What if the conditions at his or her home are not the same as the primary home of the children? For example, in the primary home, the children have their room to share, and a bigger place to play, etc. All their clothes are there, also their schoolwork and extramural equipment. This is not the case at the home they are at during the lockdown period. Stepsiblings may also be living with them. The example above is a mellow one, but there are far more serious real examples out there. What if the child is prone to fall ill, and everything he or she needs is at the primary home? The list goes on.

Parents abusing the lockdown situation

Then there is the issue of abusing the National lockdown situation. If a parent refused to return the minor child before the lockdown, then that situation would remain. The primary caregiver would then have to wait 21 days before he or she can physically see the minor child. This is the sad reality of the situation. Should you wish to approach the court for urgent relief, you would have to have very strong and compelling reasons why the child should be removed despite the regulations in place.

What to do 8 days later?

Now that we passed the first week of lockdown, many parents never saw their children for the entire period. Many of those parents may prefer that there be a change in caring arrangements where the other parent can now care for the children for another week. Or a parent may want to only see the children for a few hours. Unless the government changes the regulations, that would not be possible.

What advice do we have for parents during the remainder lockdown period?

Parents should work together to ensure that the child’s best interests are upheld during the lockdown period. Telephone calls, WhatsApp messages, and video calls, to mention a few should constantly be used, if possible, between parents and children. We also remind parents to continue paying child maintenance and child support during this lockdown period.

Final advice during the lockdown period

Our final advice to all parents is to remain patient during these challenging times. The entire country is in lockdown and many other nations as well. Everyone is, therefore, going through challenges. Businesses are suffering, and people do not know if they would have an income after the lockdown period. If all goes well, and there is no reason to doubt that it would, at the end of the 21-days of lockdown, things would better. We, therefore, should all respect the government’s decision. Should the situation change during the lockdown period, Our Lawyer (Pty) Ltd would update its website accordingly. If you require legal advice, our online appointment portal is still running. All appointments are done telephonically or via video. We make use of WhatsApp Video, FaceTime, Zoom, and Skype. Stay home and stay safe.

Update: 07 April 2020

NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020) 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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