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

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

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

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

Failure to pay child maintenance – Cape Town

Non Compliance with Court Order Divorce All parents ought to see to their children’s needs whether married or unmarried. The court however, need not intervene when parents have informally agreed to see to the maintenance of the child. Most times however, divorced parents do not see eye to eye and seek the court’s intervention for child support. Our law offices boast a well experienced family legal expert who can offer you quality legal advice in child maintenance, child custody and divorce legal matters. During our years of experience, we’ve found that parties usually resort to a maintenance order when they don’t see eye to eye. A maintenance order is a direct legal instruction for the parent to pay child support – failure in doing so is a serious offense. For free professional, legal expert advice on non-compliance with maintenance orders, click on our child maintenance articles below: Child maintenance questions: I want to learn more

Divorce – Cape Town

Divorce Court Cape Town Divorce is an emotional, whip-lashing experience for every family. Each divorce is governed by its own set of rules and values. Many times, the manner in which a divorce is settled is influenced by tradition and religion. Having said that, a Hindu couple for instance, may get married by a Priest and a Muslim couple may get married by an Imam. Even so, due to the complex nature of child custody and child maintenance matters, these couples may have to settle matters in court. Divorces are most likely to take place in the High Court.  This can be a dreadful, costly process – needless to say a legal drag caused by pending divorces on court rolls waiting to go on trial. Fortunately, the Regional Court of the Magistrate Court also deals with divorces which lessens the divorce cases dealt by the High Court. Uncontested divorce in I want to learn more

Gain child custody – Cape Town

Child Custody Law in South Africa What exactly is child custody? Child custody refers to the legal order or instruction by the court to the parents of their child/children. The term Custody on its own, simply means to care or protect for. Hence child custody is concerned with the protection and care of a child by the parents. When it comes to the Children’s Act in South Africa, your legal expert/professional will tell you that the Act aims to have the child’s best interest in place. With that being said, the Act covers a number of legal aspects and rights regarding the child. Attorneys (Lawyers), Advocates and other legal professionals, will make use of the Act to ensure that they are doing things legally correct. The Children’s Act can be applied to parents, grandparents, aunties, uncles, teachers and so forth. Sole Guardianship Sole guardianship refers to one parent having full I want to learn more

Ante-nuptial Contracts Questions and Answers

Ante-nuptial Contracts Questions and Answers We introduced this Ante-nuptial Contracts Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know what matrimonial property regime is best for you, pose a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Ante-nuptial Contracts, please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledge base. Therefore, although we a are legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share in our knowledge of Ante-nuptial Contracts.     We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us I want to learn more

What does it mean when you have primary residential custody?

Family Law Legal services – Child custody, divorce and child maintenance Our family law consultancy have a range of family law legal services for your convenience. Our specialized legal services are child maintenance, child custody and divorce. To top it off, we are situated in the heart of the buzzing CBD at Suit 702, 7th Floor, The Pinnacle, corner of Strand and burg Street, Cape Town, South Africa. Feel free to visit us at our offices in a safe, central setting and enjoy professional, confidential, legal consultations at its best. Our specialized legal services are:     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 Should any of the above legal services interest you, feel free to call our offices on 021 424 3487 and I want to learn more

Twenty-one (21) uncontested Divorces in the Western Cape High Court today…

Written by Kouthar Sambo We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email. According to the court roll of the Western Cape High Court, there were twenty-one (21) uncontested divorces to be heard today. There are approximately fifty-five Magistrate’s Courts in the Western Cape and these various Regional Magistrates’ Courts, which also deals with divorces, but does not provide statistics to the public online. Other than certain days during the year when the Western Cape High Court has its recess period; uncontested divorces are heard on a daily basis. Earlier this month, on the 5th of October 2016, there were thirty-two (32) uncontested divorces in the Western Cape High Court, court roll.  This was during the recess period. According to Advocate Muhammad Abduroaf, a Family Law Expert, a divorce can be placed on I want to learn more

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