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 ...

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 Rustenburg? 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 Rustenburg, 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 ...

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 Polokwane? 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 Polokwane, 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 ...

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 ...

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 ...

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 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 ...

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 Bloemfontein? 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 Bloemfontein, 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 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 ...

Frequently asked Child Custody and Guardianship Questions, answered by Adv. Muhammad Abduroaf, Advocate of the High Court of South Africa Parents who are separated or having difficulties in their marriage or relationship often have questions regarding issues regarding child custody, care, visitation, and guardianship. Below are a few questions that Adv. Muhammad Abduroaf attempt to answer. What is the most common child custody agreement? The most common child custody agreement is for one parent to have primary care and for the other to have reasonable contact. That basically means the child would be cared for by one parent during the school week, and the other parent would have visitation rights every other weekend. Sometimes visitation would be during the week as well. Regarding school holidays, each parent would care for the child equally if possible. That would mean that the school holidays would be split in half. There are many variations to the above. However, the idea is that one parent would care for the child's day-to-day needs and would be the first point of call for the child. For example, should the child fall ill at school, then the primary caregiver would be first contacted. That parent would also ...

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 ...

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 ...

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 Nelspruit? 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 Nelspruit, 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 to win your child custody (care) and access (contact) court case - Tips and Tricks Purchase a Consultation with us from our Online Shop, by clicking here. Legal matters concerning children are never simple. There is no manual that one can pull out for answers. This is so because all matters concerning a child are different. This is where the wisdom of experts becomes of use. What follows are some of the tips and tricks provided by Advocate Muhammad Abduroaf, a family law expert with more than a decade of experience on family law, divorce, child custody and child maintenance matters. Read on to find out some tips and tricks of the trade. Valuable advice is given on what to do through the child custody court process. Visit here for tips and tricks on how to win your child maintenance case. All families are different, with their own dynamics, challenges and issues. A 10-year-old child in one case with living conditions, parents, siblings and mental development would be different than that of another child. All that one has to work with is the concept of a child’s best interests. That is the challenge. How do you determine what is ...

I am involved in a Child Custody dispute. How do you find out my rights? A child custody dispute refers to a legal disagreement between parents or guardians regarding the custody or care of a child. This could involve issues such as where the child will live, visitation rights, and decision-making authority concerning the child's upbringing. The resolution of child custody disputes is typically guided by the best interests of the child and may involve legal proceedings to determine custody arrangements. Getting Legal Assistance with your child custody dispute If you require legal assistance or representation with your child custody dispute, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.   ...

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 ...

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 ...

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 ...

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 ...

Do I need a lawyer for child custody matters at the Children's Court?  When it comes to children, the law upholds the principle of the best interests of the child. In other words, the focus is not on what is best for the parents but rather on what is beneficial for the child. To achieve this, one must consider all the facts of the particular case. This principle applies whether or not you have a lawyer representing you or if you are representing yourself. The question arises: is it necessary to have a lawyer (Advocate or Attorney) in a Children’s Court matter, given that the court has a duty to focus on the child’s best interests? The short answer is that having a lawyer is not essential, nor is it obligatory. You may represent yourself in the Children's Court. However, we cannot overlook the advantages of having your own lawyer present, as they are knowledgeable about the law and are not personally implicated in the case. Being involved in a court case can be highly emotional and may lead you to concentrate on your feelings rather than the pertinent issues that genuinely matter to the child’s best interests. Another challenge ...

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 ...

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 ...