Advocate of the High Court of South Africa – The Advocate’s Profession in South Africa Let us ask advocate Muhammad Abduroaf a few questions South African law has recently changed when it comes to advocates. Now it is possible for advocates to obtain trust accounts which were impossible in the past. By doing so, they would be allowed to take instructions directly from the public. In other words, the client does not first need to see an attorney. Here the Legal Practice Act No. 28 of 2014 comes into play. More than a year has elapsed since the Act has been operating in full swing. Further below, we tapped into the experience of Advocate Muhammad Abduroaf, a practising advocate of the High Court of South Africa. He gives us some insight into the advocate profession. Although his office is located in Cape Town, he appeared and represented clients I want to learn more
I am concerned about my niece’s wellbeing. Is it possible for me to obtain rights of custody and guardianship over her? The parents are still alive but divorced.
I am concerned about my niece’s wellbeing. Is it possible for me to obtain rights of custody and guardianship over her? The parents are still alive but divorced. We often receive enquiries from family members of minor children wanting to know whether they can obtain rights of custody or guardianship over a minor child. The client could be a grandmother, an aunt, or in some instances, a former step-parent. Let us take you through a scenario where an aunt wishes to obtain sole custody and guardianship over a minor child. Should you be an interested party wishing to obtain parental responsibilities and rights over a minor child; feel free to contact us for a legal advice consultation. The scenario: The minor child is being primarily cared for by the paternal aunt The parents of a minor child, age 16, are married and living together. The minor child, who is in I want to learn more
How to find the right lawyer for your case. Costs, experience, and your preference.
Factors to consider when searching for child custody, divorce or child maintenance lawyers? Not all lawyers are the same. Just as not all doctors are the same. You won’t go to a medical doctor who is a foot specialist (podiatrist) if you have a skin problem. For that, you will see a Dermatologist. This you would do, even if the podiatrist knows a bit about skin illnesses and diseases and is, nonetheless, a medical doctor. The same principles apply to the law and to lawyers. Various lawyers specialise in various fields of law. Some know more, and some know less. You won’t meet with a property lawyer if you have been accused of medical malpractice; or would you? You get the point we are trying to bring across. Factors to consider when enlisting legal service from a legal practitioner There are Important factors to consider when employing, or enlisting the I want to learn more
What are the rights of unmarried mothers and fathers wanting to travel overseas with their minor child if consent is refused?
I am an unmarried mother. I want to take my child with me on a holiday overseas, but the biological father of my child does not want to give consent and co-operate. What are my, and our child’s rights for a passport and to visit the United Kingdom? South Africa is one of the most beautiful countries in the world. We have mountains, seas, forests, lakes, and dams. It is the ideal holiday destination, and a countless number of people flock to our shores every year. But now and again, South Africans want to leave our borders and go on holiday to another country. For this, one usually only requires an air ticket, passport, and a visa. And of course, some money. Now the process of traveling overseas would be simple if you are an adult going on your own, or with another adult. What if a single parent wants I want to learn more
Parental Alienation in the situation of a divorce or separation – What can a parent do?
Parental Alienation in the situation of a divorce or separation – What can a parent do? Family law becomes challenging when there are children in the equation. If a couple who were not married, broke up, there is not much to squabble about afterward if there were no kids. The same applies to a divorced couple. The only potential issues in such a divorce would be that of the matrimonial property regime and possible personal maintenance. If there are children involved, couples must deal with the issue of child maintenance, care, contact, and guardianship as well. The latter issues are usually the stumbling blocks in a divorce case or post-separation. At the end of the day, in all matters concerning children, the law says that their best interests should be upheld. Now let us look at the issue of parental alienation in the context of child custody disputes. What is I want to learn more
No equality and dignity for parents without a Court Order or a Registered Plan or Agreement
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. Let’s talk Constitutionally – What about the parents whom the Minister of Social Development excluded from moving their children during the South African National Lockdown – Is this new law fair? Does it not discriminate between children and parents? Written by Advocate Muhammad Abduroaf It is day 15 of the National Lockdown in South Africa. Our President last night announced that the lockdown would extend for a further two weeks. Lockdown, for now, would extend until the end of April 2020. What does this mean for parents I want to learn more
Digitalising the Maintenance Court in South Africa – Going Online
Digitalising the Maintenance Courts – Going Online Should the maintenance system be digitalised in South Africa? In other words, should you be able to apply for child maintenance online, or be informed of hearing dates and so on through digital means? See what the panel has to say. Host: Felicity An Guest (Child Maintenance Difficulties SA) Panel: Muhammad Abduroaf (Advocate) – www.ourlawyer.co.za Lenina Rassool Writer, Journalist, Editor Producer: The Womxn Show Tel: 064 46O 4O99 Email: [email protected] Panel: Ayesha Karim (Attorney) – Director at Ayesha Karim Attorneys – Durban (KZN) [email protected] Farhana Ismail – Attorney, JHB
Co-parenting during the South African National Lockdown period – What does the law say? – The good and the abuse
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 I want to learn more
Child Custody and Parents with Mental Illnesses
Parents with Mental illnesses in child custody and care matters in South Africa Biological parents are the ones who have parental responsibilities and rights over their children. Not grandparents, aunts, uncles and so on. Parental responsibilities and rights refer to caring, maintaining and acting as guardian for the child, to mention a few. Mothers automatically have parental responsibilities and rights of care, contact and guardianship, and fathers may either have it or acquire it. This depends on the facts of the case. The obligation to maintain your child however always applies. Various factors are looked at when deciding what is best for a child Having said the above, how parents exercise their parental responsibilities and rights would differ from case to case, especially if the parents are not living together. In such a case, various factors and circumstances will be looked at in determining what is best for the child. I want to learn more
