Parental Child Abuse in Child Custody Matters This article is connected to the topic Child Custody and Visitation Court Applications. It may be useful to read up on it before proceeding to read further. Otherwise, read on to find out more about parental child abuse and the legal aspects surrounding it. Parental Child Abuse is a common occurrence in our society. This article does not deal with the merits or demerits of parental child abuse. However, it gives light on this aspect in a child custody case. What are the common forms of child abuse? Child abuse can take many forms. This includes physical, emotional, sexual or psychological abuse. Each case may be different. However, the common theme, in a child custody situation would be that the child is being detrimentally affected by the parent's conduct. Therefore, should a parent beat the child, neglect the child, or cause harm to the child, it would be seen as abuse. What happens in cases of child abuse? Of course, in extreme cases of abuse, such parent would be refused contact completely. This is especially in the case where the child would be traumatized should he or she have contact with the parent ...

Child Custody / Visitation / Access Questions and Answers We introduced this Child Custody / Visitation / Access Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know if you are entitled to custody, 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 Child Custody / Visitation / Access, 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 Child Custody / Visitation / Access. 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. Other family law resources on this website There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you ...

Custody cases South Africa Our law offices are situated in the heart of the CBD in a professional, safe settings. We are family legal experts when it comes to handling child custody, divorce and child maintenance legal matters. Throughout our years of experience, we have found that the legal rules for child custody tends to favor the mother, unless the mother happened to be unstable. As time passed, the rules have changed and in turn, accommodates for the rights of fathers as well. With different circumstances constantly arising in custody battles; the law have had to adapt under these changing priorities as well. Today, fathers are more aware of their legal rights and make it their duty to educate themselves about their rights. Our Lawyer Pty Ltd is a professional legal consultancy that offers legal services and to cater for the layman, we have managed to compile a range of child custody legal articles with expert legal advice. Simply click on the links below: 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 ...

Child custody for fathers In most cases, the court will be more likely to award child custody rights to the mother first if the mother happens to be stable. Should the mother in any event, be a substance abuser, then the father will immediately be awarded child custody rights. The court will first and foremost, have the child’s best interest at heart. Part of this process is ensuring that the child grows up in a healthy environment. If it is best for the child to live with the father, then that is where the child will be residing at.  Fathers have the following child custody rights towards their children: Contact Care Guardianship and sometimes even Primary caregivers of the child As previously mentioned, if the mother happens to be unstable with no intention of rehabilitation, then custody rights are automatically awarded to the father. When it comes to child custody battles, there are no grey areas as the children are the center of it all. For more on child access and visitation rights, fell free to contact our law offices on 021 424 3487 for an online appointment. Alternatively, feel free to email us at [email protected] today for a professional legal ...

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 ...

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. As would be seen later, in the case of a dispute in relation to how separated and divorced parents should exercise care and contact, expert advice needs to be considered. What this article deals with is how to resolve the issue of parental responsibilities and rights of care and contact ...

Child Maintenance and Child Custody Difficulties in light of the National Lockdown - (COVID-19) Host: Felicity An Guest (Child Maintenance Difficulties SA) Panel: -Muhammad Abduroaf (Advocate) – www.ourlawyer.co.za/advocate -Nicole Lawrence (Attorney) - Attorney & Director of Nicole Lawrence Attorneys, Cape Town [email protected] 071 456 9105 (Firm cell number) -Ayesha Karim (Attorney) - Director at Ayesha Karim Attorneys- Durban (KZN) [email protected] -Dr. Lesley Ann Foster – Woman’s Rights International – www.masimanyane.org.za ...

Child custody disputes during the Covid-19 pandemic and the Lockdown – What impact did the National Lockdown have on it? With three months into the national lockdown, no one will dispute that it had a profound effect on all aspects of daily life. The same would apply to marriages, family relations and co-parenting to mention a few. A lot has been written on the topic of the movement of children during the lockdown. At the start of the lockdown, the movement of children was prohibited. The child had to remain with the parent with whom he or she was with at the start of the lockdown. A few weeks into the lockdown, things changed. Children could move between parents if there were a court order, parental rights and responsibilities agreement or parenting plan registered with the office of the family advocate. Later, things further developed where the magistrate’s permit came into play. Read more above the changes to the regulations over time by clicking on this link. You would find an extensive overview of the history of the movement of children during the lockdown. Have child custody disputes increased three months after the start of the lockdown? One would be ...

What are child custody disputes? Read some questions and answer from mother and father. Child custody disputes are one aspect of family law that keeps both lawyers and the courts busy. Although child custody disputes may seem simple in the eyes of the outside observer, it is not always so for the parties involved.  Parents care much more for their children than they do for worldly things.  Therefore, should they experience problems concerning their children, it often causes a lot of anxiety and stress. Below are some questions mothers and fathers usually pose online when it comes to child custody disputes. Feel free to pose your questions below. What are the rights of an unmarried father to his children? Fathers of children born out of wedlock do not automatically have rights towards their children. For you to form part of such a child’s life you need to fulfil the requirements of section 21 of the Children’s Act, which in short states: At the time of the child’s birth, you are living with the mother in a permanent life-partnership; and You contribute or have attempted in good faith to contribute to the child’s upbringing for a reasonable period; You contribute or ...

The limited-time Free 15 (fifteen) minute legal advice consultation on child custody (care and contact) matters during the National Lockdown ENDED The free Free 15 (fifteen) minute legal advice consultation on child custody (care and contact) matters during the National Lockdown which was offered on 9 June 2020 ended on 24 August 2020. We hope all those who made use of the free service benefited from it. To make a legal advice consultation where a fee is applicable, kindly complete the form below ...

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 ...

Questions parents ask in child custody disputes. What are some of the difficulties parents face when dealing with child custody issues and problems? When parents have issues and difficulties regarding their parental responsibilities and rights, they often go online for answers. These issues can relate to contact rights or guardianship issues. One parent may want to have more contact, and the other parent refuses such a request. Or a parent wants to relocate with a minor child, and the other parent refuses guardianship consent. Whatever the issues are, they need to be resolved in the child’s best interests. Read on for some interesting questions parents ask online. Does the abuse of alcohol affect the outcome of a child custody case? Abusing alcohol is very dangerous. Not only for you but for your relationship and parenting as well. If a parent abuses alcohol in the presence of a child, then the child is in danger, or at the very least, in a potential neglectful situation. If both parents abuse alcohol, then the case is much more serious and social welfare needs to get involved. On the issue of a child custody case, the abuse of alcohol is material and would play ...

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 ...

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 grade 10, frequents the home of her paternal aunt. The parents live very busy lives, and often have to travel overseas on separate business trips for extended periods. The minor child sometimes doesn’t see her parents for weeks on end. Nonetheless, she is well cared for by her aunt, during ...

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 ...

How do you go about getting custody of a child? Gaining child custody can be a dreadful legal battle as parents often make irrational decisions based on their own emotions and not that of their child/children.  Often, the legal expert will be referring to the Children’s Act as a guideline to the way forward. The focus of the Children’s Act however, is on the child’s rights rather than the rights of parents and highlights the best interest of the child. In turn, the legal expert will guide the parents along the way should parents be too self-absorbed in the tension and conflict of a divorce.  Our legal consultancy boast a well experienced, professional, family legal expert who will be advising you through the process. For more details on how to gain child custody, click on the articles below which contain free, expert legal advice: How do I get full custody over my child? Parental child abuse in custody cases What does it mean when you have primary residential custody? What happens in custody dispute where one parent is mentally ill? How to go about getting joint custody? Joint custody however, will require both parents to be on the same page as ...

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 have our receptionist make an online appointment for you. Child custody and legal advice… Like any other family legal matter, child custody involves a number of factors. When it comes to the legal aspect, the Children’s Act is used as a guideline on how to go about parental legal rights. We’ve found ...

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 ...

Parents with Psychiatric disorders No parent is perfect. And no one can help it if they suffer from some psychological disorder. However, when it comes to parenting, mental health does play a role regarding the issue of child custody. In other words, a parent with a psychological disorder would find it hard to be a child's primary care giver, if the child would best be cared for by the other parent. This is assuming that the other parent in this case is capable of caring for the child. This article is connected to the topic Child Custody and Visitation Court Applications. It may be useful to read up on it before proceeding to read further. Otherwise, read on to find out more about parental child abuse and the legal aspects surrounding it. When should you consult with a lawyer? Seeing that you are dealing with parental rights and responsibilities, it is best to first try to resolve issues with the other parent. If that does not work, then try mediation. Should that still not work, see a lawyer who would advise you on what would be best for you and your child. If need be, a Court application would have ...

Can a parent appeal a child custody order granted by the High Court or Children’s Court? In resolving disputes regarding child custody or guardianship (parental rights and responsibilities) matters, a court will usually be approached. The court is also the upper guardian of all minor children within its area of jurisdiction. A parent or interested party may approach the Children’s Court or the High Court when it comes to parental rights regarding a minor child. The High Court, however, has greater jurisdiction when it relates to issues associated with guardianship rights. As demonstrated below, the courts’ decisions may be reviewed by a higher court. However, before approaching the court, the parties should first try to resolve the matter through entering into a parenting plan. How are child custody court proceedings initiated? A parent or interested party would make an application to the court. In the High Court, this would be done with a Notice of Motion and Founding Affidavit, served on the other parent or interested party. An interested party would be someone who cares for the child or significantly forms part of the child’s life. For example, a step-parent, grandparent, or aunt. Once the founding papers are served, the ...

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 ...

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 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 ...