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

HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD

Hague Convention On The Civil Aspects Of International Child On 20 November 1996 the President assented  to the Hague Convention On The Civil Aspects Of International Child. The entire Act can be found at the end of this article. South Africa ratified the Convention in 1996 and the Act came into operation on 1 October 1997. The Convention’s main object is to enforce rights of custody over a child(ren) who has been wrongfully removed to or kept in a foreign country in breach of those rights and to secure the prompt return of the child(ren) to South Africa. https://www.justice.gov.za/hague/main.htm Below is the complete Convention found at https://www.gov.za/sites/default/files/gcis_document/201409/a72-96.pdf . NO. 72 OF 1996: HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD PRESIDENT’S OFFICE No. 1872. 20 November 1996 NO. 72 OF 1996: HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION ACT, 1996. It is hereby notified that the I want to learn more

How do I get full custody over my child? Cape Town South Africa

How do I obtain contact, custody or visitation to my child? I need some advice and assistance. Issues of child custody, visitation or guardianship rights are usually difficult for parents to deal with. Parents have an inherent right and duty to form part of their child’s lives. Here we refer to parental rights and responsibilities.  However, it often happens that parents of a child cannot see eye to eye as to what is in their child’s best interests. More often than not, when parents are divorced, separated, or not living together, issues arise regarding the children they share. And then there is the case where parents want full custody over their children. These issues may range from the amount of contact the other parent may have, the school the child may attend, or what extra-mural activities the child should pursue. Either way, should parents not be on the same page, I want to learn more

Out of Community of Property with the inclusion of the Accrual Regime

Various Matrimonial Property Regimes focusing on the Accrual System Getting married is a legal act. With it comes certain responsibilities and rights. For example, you have a legal obligation to maintain your spouse. You cannot marry anyone else, and furthermore, your spouse can inherit from you interstate. Depending on the matrimonial property regime you entered into, certain legal consequences would apply regarding the proprietary (or money) aspects of your marriage. For example, to whom do money and assets belong to acquired during the marriage and before it. In South Africa, a person has three (3) choices when it comes to getting married in relation to your matrimonial property regime. They are explained briefly below. In Community of Property (Default system) A marriage in community of property is the default matrimonial property regime. You do not need to enter into an antenuptial contract in order to be married like this. Basically, I want to learn more

Grandparents may be ordered to pay child support for their grandchildren

Grandparents may be ordered to pay child support if the father refuses or cannot afford to do so. “DID YOU KNOW: Advocate Muhammad Abduroaf was the advocate who 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 .” Grandparents, parents and children – A child cannot choose his or her parents and grandparent. Moreover, every child would want to have parents who would try their best to maintain and support them until they are self-supporting. However, the reality is that that is not always the case. It often happens that parents renege on their duty to actively support their children. Grandparent supporting their grandchild I want to learn more

Steps for changing your marriage from in community of property to out of community of property

Changing your matrimonial property regime from in community of property to out of community of property Are you married? Do you know what is your matrimonial property regime? To register your Antenuptial Contact, Click here. Are you married in Community of Property? Do you want to change your matrimonial property regime to Out of Community of Property? Did you not know that a marriage Out of Community of Property was possible when getting married? There is legal relief for you and your spouse. In Community of Property All civil marriages are automatically In Community of Property.  This means that there is one estate shared between wife and husband. Therefore, if anyone of the spouses incurs a debt, that debt belongs to both of them. Out of Community of Property The other option is to get married Out of Community of Property. This means that there are two separate estates and I want to learn more

Can a step-parent legally adopt their step-child? What are the rights of the biological parents after the adoption took place?

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 I want to learn more

Fathers rights and the issue of them having full custody over their children

Is it possible for an unmarried father to obtain full custody of a 10-year-old child and not the mother? – A simplified family lawyer’s perspective. By Advocate Muhammad Abduroaf There is a common misconception that if a child was born out of wedlock; only the mother can be the primary caregiver of the child concerned. This may however generally be the case. However, it is presumed by some that if a mother cared for the child since his or her birth, the father would not be able to be the child’s primary caregiver. In other words, the child would always live with the mother, and never with the father. We do not blame our clients for thinking so. That is the stereotype. As the world changes, so does the law. The popular scenario regarding single parenting? We are often approached by fathers who have a child that was born out I want to learn more

Rights of parents, interested parties and the law – The Children’s Act 38 of 2005

Child Custody, Contact rights and more – Children’s Act 38 of 2005 This article gives a  short introduction to the Children’s Act. The Children’s Act 38 of 2005 was a very welcomed piece of legislation. It assists us in answering many issues relating to Family Law. For example. What are the rights of unmarried fathers? Do I as a father of a child born out of wedlock have rights? Do I as a father of a child born in terms of a religious marriage have rights? Parents who are involved in disputes regarding their children should educate themselves on the provisions of the Children’s Act. Challenges for unmarried fathers In our view, unmarried fathers almost always experienced difficulties regarding access to their children if they were separated from their mother. What is even worse, is if a couple was married in terms of religion or custom, and not civilly (e.g. I want to learn more

Webinar – Gender Based Violence in South Africa GBV – What are your legal remedies?

Gender-Based Violence (GBV) in South Africa –  What are your legal remedies? – Video of Webinar that took place 28 August 2020 and hosted by Adv. Muhammad Abduroaf Gender-Based Violence is a real and serious problem in South Africa. A lot has been written on the topic, and the problem is ongoing.  Our Lawyer’s stance on this issue is that it should be eradicated. This would require the active input of government, the victims and the community. We wanted to continue with the conversation regarding Gender-Based Violence. We, therefore, invited those who have been affected thereby to partake in a Webinar entitled, “Gender-based Violence in South Africa – What are your legal remedies? Our Lawyer had a successful live webinar on this serious topic, whereby victims spoke out.  The webinar will be hosted by Adv. Muhammad Abduroaf. The video can be watched below.    

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