Child Custody – Articles and Posts

Child Custody – Articles and Posts

Kindly view articles and posts on Child Custody. Should you wish to set up a consultation with us for legal advice on any child custody topic or issue; feel free to contact us on 0211110090. You may also click on this appointment link and do it online.

Family Law Questions and Answers

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Divorces – Questions and Answers

Child Custody – Questions and Answers

Child Maintenance – Question and Answers

Domestic Violence – Questions and Answers

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Child Custody and Relocation - Live Questions taken and answered by Adv. Muhammad Abduroaf

Child Custody and Relocation – Question and Answers by Advocate Muhammad Abduroaf

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 ...
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Child Custody, Relocation, Surname Change and the High Court

Child Relocation, Passports, Custody, Surname Change and the High Courts

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 ...
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Child Custody, Maintenance, Divorce, Relocations and other Questions and Answers

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 ...
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Child Custody – Legal Advice and the Children’s Act

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 ...
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Child Custody – South Africa

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

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, 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 ...
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Paternity Disputes and Testing and the law

Paternity Disputes and Scientific DNA Testing – Children Matters (Maintenance and Custody)

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 ...
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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 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 ...
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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 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 ...
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What happens in a custody dispute where one parent is mentally ill?

What happens in a custody dispute where one parent is mentally ill?

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 ...
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The child loses out.

Child Custody – Frequently Asked Questions South Africa

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 ...
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Child Custody for Fathers – South Africa

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 ...
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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 about it. The question now is, which country and which court should divorce them? We regularly receive these types of queries from people living in the Middle East and the United Kingdom. The same problem arises in the case of parents living in different countries, but there are complications regarding contact and access to their minor children. Let's say, one parent, lives in Cape Town and the other in Taiwan. How does the parent living in Taiwan enforce his contact rights to his child in South Africa? Does he or she approach the court in Taiwan? Or should he or she approach the Court in South Africa? And Lastly, there is an issue regarding child maintenance. What happens in the case where one parent lives in Cape Town and the other in New York? How does child maintenance work? Can the parent living in Cape Town with the children obtain ...
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Advocate Muhammad Abduroaf - Child Custody

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 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 ...
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Appeal Child Custody High Court or Magistrates' Court Order

I feel that the High Court granted an unfair child custody order. Is there anything I can do to challenge the Court’s decision?

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 ...
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child custody rights parents married father mother

10 questions parents usually ask Our Lawyer when it comes to custody and care issues regarding their minor children

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 ...
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Child Custody – Frequently Asked Questions and Answers – Cape Town

Frequently Asked Questions on Child Custody - Cape Town We hold a wealth of knowledge on family legal matters, in relation to South African law. This includes issues and questions surrounding child custody, divorce and child maintenance. Feel free to browse through the question and answers below. Should you not find the answer to a child custody question you are looking for, feel free to post your divorce question here. For more questions on child custody, visit this page. Can you change the baby's last name without the father's consent? No, you require his consent. If he does not want to give consent, then you may approach a court of law. This answer is based on the presumption that the father has parental responsibilities and rights over the child. Do I have parental rights if I am not on the birth certificate? Yes, it is possible that you have. How do you change your last name on your birth certificate? You need to apply to the Department of Home Affairs. How do I apply for child maintenance in South Africa? You should approach the maintenance court. Can you change your child's surname? Yes, you can. Both parents should consent. How ...
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Custody over neice and nephew

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.

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 ...
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Parents with mental illness and child custody

Child Custody and Parents with Mental Illnesses

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 ...
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Panel Discussion – Child Maintenance – Child Custody (28 March 2020 at 14:00)

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) – -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 – ...
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Does the abuse of alcohol affect the outcome of a child custody case?

Questions parents ask in child custody disputes. What they want to know.

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 ...
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Child Custody Disputes Questions and Answers

How can I be successful in my child custody battle? What are frequently asked question on child custody disputes?

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 ...
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