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Rule 43 Application – Maintenance Pendente Lite – High Court – Cape Town

Rule 43 Application – Maintenance Pendente Lite – High Court – Cape Town Whilst you are in the process of divorcing your spouse, you may require the Western Cape High Court to assist you with regard to maintenance, or contact with your child. You may want the Court to Order Continue Reading

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Father battles for 3 years to finally see his child.

Father battles for 3 years to finally see his child. This he did with the help of a social worker, lawyer and the court. He now has regular contact to his child. Custody, Contact and Guardianship are parental responsibilities of all parents. Once the child is born, both parents not Continue Reading

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5 things everyone should know prior to engaging in litigation in South Africa

Are you intending on taking someone to court? Have you been sued? Do you require some basic advice on litigation from an experienced advocate? If you answered yes once, this article is for you. Picture outside the Western Cape High Court in Cape Town We asked Advocate Muhammad Abduroaf to provide Continue Reading

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What often happens is a Court would order that one parent has primary care over a minor child, but that specific parent does not take on that responsibility. I

The Court Order says my minor child’s mother has custody, but my daughter primarily lived with me since she was a toddler. What can I do to legalise the situation? The mother is now demanding that the order now be followed – 5 years later. At the time of a Continue Reading

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International Family Law matters, applicable to South Africa – Divorce, Child Custody, Maintenance

International Family Law matters, applicable to South Africa Divorces are not only limited to people living in the same country. Often, you will find that one spouse lives in South Africa and the other in a different country. They want to get divorced but do not know how to go Continue Reading

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My child is 22 years old, do I still have a legal obligation to pay child maintenance?

I need to know, when does a parent’s obligation to pay child maintenance end? Paying child maintenance, or maintaining their child, is the legal obligation of every parent. A parent does not have a choice in this matter. However, the level and standard of contribution are dependent on the means Continue Reading

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I need to get divorced in 3 days. I was told it is possible. Is it really true?

Getting divorce within 3 days It often happens, when a marriage has irretrievably broken down, the parties are in agreement that they have to divorce. Furthermore, the parties came to an agreement regarding the propriety aspects of the marriage, care and contact of the minor children, as well as who Continue Reading

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The role of a facilitator in family matters regarding children – Should he or she make legally binding decisions or directives?

The role of a facilitator in family matters regarding children – Should he or she make legally binding decisions or directives? When parties divorce or they approached a court of law to resolve a dispute regarding a minor child, it was customary for them to appoint a facilitator should they Continue Reading

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Passport Application for my child. I cannot find the father to give consent at the Department of Home Affairs

Passport Application for a minor child: Mother cannot find the father to provide the necessary consent at the Department of Home Affairs. The Application is therefore refused. Passport Application for a minor child: It is not easy being a single parent, and at the same time, the primary caregiver of Continue Reading

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