Child Custody – Legal Advice and the Children’s Act

Child custody legal advice and services Child custody is a complex legal matter as it involves a number of factors to consider when handling a child custody case. Judging from our years of experience, we found that the parents involved often lose track of the bigger picture while emotions override. At our law offices, our job is to help parties involved keep a level head form a legal perspective and guide them as to what will be the best way forward. Sometimes a matter has been blown out of proportion while the parties involved often expect us to perform miracles – this is not how it works in the world of law. We have found that executing our legal expertise can become a very complicated ordeal when there is little co-operation. It is however, essential to highlight that the main responsibility of the family legal expert is to advise and I want to learn more

A specialized legal expert is the best way to go!

Why you should consider a specialized legal expert Having a specialized legal expert to deal with your legal matter can take a load off your shoulders and help you see things in greater perspective. When the legal expert specializes within a particular part of the law, it means they have greater insight into the legal matter. At our law offices, we are legal specialists in family law and luckily, the branches of family extend to: Child Maintenance Ante-nuptial Contact Change Matrimonial Property Regime Child Adoption Child Custody and Access Domestic Violence Protection Family Trust Registration Fast Unopposed Divorces Non-Compliance with maintenance orders Parenting Plans Postnuptial Contract Registration Pre-nikkah Agreement For an online appointment, call our law offices on 021 424 3487 and get your expert legal today. We are centrally located in the heart of the City Bowl at Suit 702, 7th Floor, The Pinnacle, corner of Burg and Strand Street, I want to learn more

Legal Adoption Process – South Africa

Adoption Law in South Africa The Child Care Act forms the foundation of the Adoption Law and is very much adhered when following through with the adoption process. The ultimate objectives of the Children’s Act is to: Protect the social and emotional well-being of a child. To implement structures within a community that can care and protect the child. To ensure that no child goes through starvation, abuse, exploitation and so forth. To ensure that the public (adults) are not taking advantage/exploiting or inflicting physical harm onto a child. For free, expert legal advice on the Children’s Act, read our legal piece on The Law Regarding Children – The Children’s Act 38 of 2005. Feel free to call our law offices on 021 424 3487 for an online appointment for a professional legal consultation today. Baby adoption process We often don’t know where to start when it comes to child adoption. I want to learn more

Child Custody – South Africa

How do you go about getting custody of a child? Gaining child custody can be a dreadful legal battle as parents often make irrational decisions based on their own emotions and not that of their child/children.  Often, the legal expert will be referring to the Children’s Act as a guideline to the way forward. The focus of the Children’s Act however, is on the child’s rights rather than the rights of parents and highlights the best interest of the child. In turn, the legal expert will guide the parents along the way should parents be too self-absorbed in the tension and conflict of a divorce.  Our legal consultancy boast a well experienced, professional, family legal expert who will be advising you through the process.   For more details on how to gain child custody, click on the articles below which contain free, expert legal advice: How do I get full custody I want to learn more

Maintenance Defaulters – Cape Town

Failure to comply with a maintenance order First of all, what is a maintenance order? A maintenance order is a direct instruction from the court to the parent, to pay child maintenance/child support. Maintenance defaulters very seriously and therefore, failure to comply with the order is classified as a criminal charge. This implies that the order is legally enforceable – in other words, the court can, and will intervene. The defaulting parent can therefore lay a criminal charge at the court after they have applied for a maintenance order at the Magistrates Court. Maintenance Court Procedure Every local area will have its own magistrate’s court which is also a maintenance court that deal with maintenance legal matters. You may visit your closest magistrate’s court in which the maintenance officer will advise you as to what to bring along. When trying to claim for maintenance or apply for an order, you I want to learn more

Ante-Nuptial Contracts/Prenuptial Contracts- Cape Town

Ante Nuptial Contract meaning Ante Nuptial Contract is a legal document that stipulates how assets will be dealt with in the event of death or a divorce. Our Lawyer Pty Ltd is a family legal consultancy that have dealt with family legal matters over years. In addition to this, we offer professional, expert legal advice and we are professional legal drafters legal documents. Feel free to call our law offices today and have our friendly receptionist make an online appointment for you for a professional legal consultation. Ante Nuptial Contract without Accrual When being married in community of property, no ANC is required and this can be dangerous for both parties. When a couple decides to enter marriage without an ANC, they will automatically be married in community of property – meaning both parties will have equal right to each other’s assets and there is a joint estate. On the I want to learn more

Child Maintenance Advice – Cape Town

Maintenance Court Cape Town There are number of child maintenance courts in your local area in Cape Town. Below are local maintenance courts that could be close to your area: Athlone Maintenance Court Mitchell’s Plain Maintenance Court Wynberg Maintenance Court To claim child maintenance/child support, you should visit your closest maintenance court in your area. Maintenance Court Procedure Find out where about is the closest magistrates’ court in your area and pay them a visit. When visiting the Maintenance Court, bring along the necessary documents such as: Birth certificate of your child/children. Your identity document. Proof of residence. A divorce settlement. Proof of your monthly income and expenses. The personal details of the parent required to pay maintenance such as their name, surname physical and work address. Copy of your bank statement. In attempt to claim maintenance, you will have to fill in a detailed form stipulated by the Magistrate’s I want to learn more

Parenting plan and the Children’s Act

Parenting plan in terms of the Children’s Act A parenting plan becomes relevant when parents cannot reach an agreement on how they should be splitting their responsibilities towards their child/children. However, the High Court prefers having parents trying to establish a common ground first through mediation services or mutual understanding before resorting to the court. The aim of mediation is to try and settle a dispute out of court and help the two parties establish an understanding regarding their children. In terms of the Children’s Act; it is aimed at preserving the child’s best interests and not that of the parent’s. It therefore encourages parents to fulfill their duties and responsibilities towards their children even after divorce. For more on professional legal drafting on parenting plans, call our law offices for an online appointment for a professional legal consultation today. How to draft a parenting plan Drafting a parenting plan I want to learn more

The father does not want to consent to a passport and the Relocation from South Africa with my minor child. What are my rights?

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 I want to learn more

Parental Guardianship Consent when it comes to School – May a parent refused to give consent?

Parental consent for a minor child’s enrolment into a school – What can you do if co-guardianship consent is refused? Children have a right to a decent education—one which would benefit them in life. Every caring parent wants to give their child the best education possible according to their specific circumstances and station in life.  Not all parents earn the same amount of money or have access the best type of education. However, most parents will do their best, which the law and society expect of all parents. In doing so, they ensure that their child has the best opportunities in life. Parents co-operating in educating their minor children It is vitally important for parents to co-operate when it comes to their minor child’s education. This relates to the enrollment into a school, the paying of school fees, transportation, parent involvement, homework, etc. If one parent does not wish to I want to learn more

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