Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Johannesburg? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Durban or in Johannesburg, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a difficult time. Strategic ...

Best Attorneys, Advocates, and lawyers to assist you in your Court Custody matter. When is the best time to get them involved in your case? When dealing with a family law matter, it is essential that you obtain the best legal advice possible. And in this regard, the best attorney, lawyer, or advocate for you. Not necessarily the most expensive or experienced. This is so as we are dealing with your children, that require the best care and protection. Child custody, child guardianship, visitation and care are all interrelated. However, they all have one underlying principle: the child's best interests. If parents cannot agree on what is in the child's best interest, Attorneys, Advocates, lawyers, and the Court may get involved. Your legal representative needs to be on the same page as you. What do child custody, child guardianship, visitation and care relate to? The terms child custody, child guardianship, visitation and care relate to a child's life in relation to a parent, caregiver or interested party. However, if you are a caregiver, your conduct would directly affect various aspects of the minor child's life. These include daily care, education, medical treatment, and overseas visits. This article attempts to address ...

Child custody for fathers During our years of experience in dealing with child custody battles, we have found it common for fathers fighting for child custody and wanting to know more about their legal rights. Unfortunately, a father paying child maintenance will not be guaranteed full child custody of a child. For more on father’s rights in child custody, click on the links below and read our free, expert legal advice article on how to go about your legal rights as a father. Child custody visitation access- questions and answers Child custody frequently asked questions Father refused contact to his child. What are his rights? Father's parental responsibilities and rights to his child. How do I get full custody over my child? Parental child abuse in custody cases- Cape Town What does it mean when you have primary residential custody? What happens in a case custody dispute when one parent is mentally ill? Feel free to call our law offices on 021 424 3487, or our national number on 087 701 1124 if you’re residing out of Cape Town. We are conveniently situated in the heart of the buzzing CBD at The Pinnacle, Suit 702, 7th floor, corner of Strand and Burg ...

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Port Elizabeth? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Port Elizabeth, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a ...

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 custody of the child. Some may interpret this wrongly and think that the other parent will no longer be able to see the child. This is not the case. It is however, commonly understood that the mother is usually awarded sole custody. This too, is no longer the case. Should ...

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Cape Town? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Plettenberg Bay, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a ...

The plight and fight of unmarried fathers in obtaining primary care (custody) of their children in South Africa. Can the battle be won, and what are their rights? By Advocate Muhammad Abduroaf (LL.B LL.M) 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 no longer live with the mother, but with the father. We do not blame our clients for thinking so. That is the stereotype. However, as the world changes, so does the law. We are often approached by fathers who have a child that was born out of wedlock. He and the mother most probably lived together when the child was born. But things did not work out between them. The mother moved out and lived with her parents or on her own. The father would then regularly have contact with the child. The type of contact ...

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Durban? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Durban, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a difficult time ...

Zoom webinar during Woman's Month hosted by Advocate Muhammad Abdurof - Child Custody and Relocation Below the video are some of the questions posed by the registrants that were not answered during the webinar held on 21 August 2020 at 11:00, hosted by Advocate Muhammad Abduroaf. Q: The father has only been paying half the maintenance - he was only covering the minor schooling. Now he has decided to study full time and stopped paying the minor school fees. The minors Contract at school has been terminated and is currently not attending school. I am unable to find a school at this time since half the year is gone. I am currently filing a maintenance application. A: We presume that there is no maintenance order in place. If that is the case, approaching the maintenance court is the correct thing to do. It sounds unreasonable for the father to only pay half the maintenance. The same applies to him stopping paying school fees. The court would listen to both sides and decide what is a fair amount for the father to pay despite him deciding not to work. If there is a court order in place, the court should enforce ...

Child Custody, Maintenance, Divorce, Relocations, and other Questions and Answers Our Lawyer (Pty) Ltd provides professional legal advice to their clients through the following options: Face to Face (At our location in Cape Town); Telephonic (We call you on the South African Landline / Mobile number provided); Video (We make use of Skype, FaceTime, and WhatsApp Video Call) If however, you have a quick and simple family law advice question you wish to ask, feel free to post it below. There would, therefore, be no need to set-up a consultation and pay a fee. The question may relate to any of the following: Child Maintenance; Child Custody; Divorce; Relocation of minor children; Change of minor children's surname; Guardianship rights; Passport consent issues; Domestic violence; Parenting Plans; and so on. Useful family law Articles Below are a few useful articles written by us. Child Relocation, Passports, Custody, Surname Change, and the High Courts – Simplified What does Child Relocation, Passport disputes, Custody issues, and surname changes have in common? They are all matters which a court of law resolves if the parties cannot do so. Other than child custody issues that can be resolved by the Children’s Court, disputes in relation ...

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Cape Town? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Johannesburg, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a difficult ...

Frequently Asked Questions on Child Custody - South Africa We proud ourselves on our knowledge of family law, and related matters in relation to South African Law. This includes issues and questions surrounding child custody, divorce and child maintenance. Feel free to browse through this question and answers sections below. Should you not find the answer to a child custody question you are looking for, feel free to post your child custody question at the bottom of this post. What does it mean when you have primary residential custody? It means that the child primarily resides with you. For example, the child will only visit the other parent every second weekend. What is a joint residence order? The child resides with both parents. Usually on an equal basis. What is joint custody of a child? This is the situation where both parents care for the child. How can you get custody of your child? If you want custody of your child, you would have to approach a court for that. You can either approach the Children's Court of the High Court. The court would then decide if it is in the child's best interests. How do I file for joint ...

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Pietermaritzburg? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Pietermaritzburg, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a difficult time ...

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 guide you with the best way forward from a legal standpoint. The Children’s Act 38 of 2005 – child access to grandparents In doing so, we have constructed a number of family legal articles containing free, expert legal advice. We have used the common issues potential clients come to us ...

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in East London? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in East London, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a ...

Frequently asked questions when it comes to parental responsibilities and rights of parents having issues or difficulties in co-caring for their children. As things evolve, so does the legal question surrounding child custody, contact and care. For example, not too long ago, children were generally seen as best being cared for by mothers as opposed to fathers. Fathers would usually get custody if the mother was incapable of caring for a child. Now the law focuses solely on what is best for the child under specific circumstances. Therefore, it often happens that primary care is awarded to fathers where there are no social welfare issues involved. Moreover, a lot of attention is given to the voice of the child. This depends on the child’s age and level of maturity. We decided to answer various popular questions on parental rights and responsibilities when it comes to children. Below are 11 popular legal questions and answers Our Lawyer comes across. Further below are some frequently asked questions that you can apply your mind to. Does a mother have more rights over a child than a father? The father of my child never had contact with the child since before my child’s birth ...

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Pretoria? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Pretoria, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a difficult time ...

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, outside help may be required. Read on to find out more about the law, factors and your rights. With some advice, your situation may become easier. What are Parental Responsibilities and rights to a child? Know your rights: The terms used to refer to the rights and responsibilities of parents ...

Child Custody battles. What are the frequently asked questions mothers and fathers pose when it comes to children disputes? Our courts are inundated with child custody matters. Parents who were once in love and supportive of each other, now find themselves embroiled in a very sensitive and emotional legal battle. The question that is posed; who can best care for the minor child? Is it the mother or the father? Should things remain the same, or is a change warranted. As you would see below, when deciding on where a child should primarily reside, the court would need to determine what is best for the child. The court is hardly concerned with the wishes and preferences of the parents. Their interests are secondary. However, the court has to consider all factors. That includes the domestic situation of both parents and their ability to care for the child. I am worried about my child custody case. How can a father lose a child custody battle? A father will lose a child custody battle if he cannot prove that it is in the child’s best interest that he has custody over the child concerned. It is important when either parent wants a ...

Family Law Service - Advocate Muhammad Abduroaf - Finding the best lawyer for you. Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you're facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference. Expertise and Specialisation One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, Advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions. Personalised Approach We recognise that every client and every case is unique. That's why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop ...

Child Relocation, Passports, Custody, Surname Change, and the High Courts – Simplified What does Child Relocation, Passport disputes, Custody issues, and surname changes have in common? They are all matters which a court of law resolves if the parties cannot do so. Other than child custody issues that can be resolved by the Children’s Court, disputes in relation to Child Relocation, Passport Disputes and Surname changes for minor children are dealt with in the various Provincial High Courts in South Africa where the child ore parties reside. Much has been written in this website regarding child custody, relocation of minor children, and passport disputes. They have however not been dealt with simultaneously in one article. This is what this article intends to do. It basically provides the intertwined application of the law. With the rise in relocation and disputes regarding care and contact in South Africa, this article would be useful for many parents. However, if you wish to view some of the articles already written on the aforementioned topics, feel free to click on the following links: - Minor children born out of wedlock – Whose surname should they have? - Passport Application for my child. I cannot find ...

Paternity disputes and Scientific DNA Testing in Child Legal Matters Paternity disputes are not uncommon in our courts of law. What sparks them varies, however, all disputes are messy. For one, the mere allegation that he is not the father of the child may directly or indirectly affect the dignity of the mother, and that of the child. In other words, it is suggested that she had more than one sexual partner at the time, and the child was born from such a relationship. Nonetheless, the issue can speedily be resolved through scientific DNA testing. Paternity - Legal Settings There are two common legal settings where a parent (or alleged parent) would dispute paternity. The one would be in a child maintenance dispute, where the father alleges that he is not the biological father of the child, and therefore cannot be ordered to pay child maintenance. The other situation would be in a child custody or visitation dispute. Here the mother would allege that the man is not the father, or he denies paternity. Paternity Dispute Scenarios There are other scenarios where paternity can become an issue. One would be in the case of inheritance. A parent would allege that ...