Family Law Legal Questions Cape Town

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14 thoughts on “Family Law Legal Questions Cape Town

  1. Good day, I wanted to ask a question regarding child custody in South Africa. I have a seven month old baby with someone who is not South African. He is Hungarian. We are no longer in a relationship and he now wants the child to live with him permanently in Hungary.
    The child was born in Hungary but we decided to give him his Father’s surname. He is in the process of acquiring dual citizenship for South Africa – probably by end of February or March – we are waiting for the South African birth certificate (which we applied for in Hungary through the South African embassy in Budapest). Can I file for primary Custody?
    What steps should I take?

  2. Hi. My ex and her mother are refusing me visitation of my daughter even though I’ve been maintaining my daughter. It seems my ex and her mother have secretly registered my daughter under foster care of my exe’s mother. Now, they are trying to get rid of me, claiming I don’t maintain my daughter. What can you advise me legally? I’m currently employed, but not on a permanent basis.

  3. Good day. When my child was born, the father and I lived together. However, the child’s birth certificate was made on his surname – at a time I didn’t want to use my surname because as I was in the process of changing my surname. But since 2016, we separated and are no longer partners (he no longer cares for the child). I need to change my child’s surname – I went to Home Affairs, trying to obtain our passports but there’s been complications.

    Since we broke up, he don’t call, visit or support the child. When we lived together, I was the main financial supporter since he was not working. We are currently both fighting for paternity of the child. Please advise.

  4. There’s a case pressed against me. This woman took me to court for child maintenance but I asked for DNA test. She drops the charges before the test and wrote an affidavit stating that I’m the father – yet no DNA test was done to prove this statement. I need to know which steps to take to clear my name from that case.
    I asked the Prosecutor to disclose the reasons she stated before she drops the charges, but she refused to do so. Please advise.

  5. I would like to know if I have the right to keep my son from seeing his father…
    His father ran off to Vredenburg for 3 months.
    He has not given a cent to support the needs of his son.

    When we were together, he would verbally abuse me in front of my son.
    I just need to know what to do? My plan is to keep him from his father but I just got him into a routine that is stable, and got him into a school with the help of my parents.
    Please help with advice.
    I’m scared that this whole ordeal can disrupt his routine.

  6. I have read your article on your website: “Relocate with minor child. Parent Refusing Consent for a Passport.” My Wife and I are looking at immigrating. She has a four year old son. The biological father lives in Durban and we Live in Cape Town. The father is very much active in his son’s life. He takes his son to Durban for a week once a month and contributes R1000 a month in maintenance.

    However I have an EU passport and I’m Portuguese – I feel that when I have my fist child with my wife, I would like to bring that child up in Europe. I also feel that I can secure a better paying job in Europe. I understand that no matter which way you look at it, this whole ordeal has to go through high court.

    However, how does one take the first step? Does high court need to see I have a secure job waiting for me overseas? Do we take it to high court before applying for a job? How can we put things in place to show the court that we are all setup for a better life overseas? I wouldn’t want this possibility to be rejected by the high court. Are we meant to enroll him in a school, find jobs etc… and then apply? Please advise.

  7. I need advice on the father of my children who was not present during the divorce and family consultation for child custody of both my daughters. He abandoned the children in 2015 and my divorce was finalized without him there in 2017 December. Last year, towards end of October, I applied for child maintenance. He came to court but still did not commit to paying maintainance for his children (even though he said he wanted to see them).
    My divorce decree stated that if he shows interest in maintaining his children, he needs to apply for a specif order in court to be able to see his children. Since he was not present during the family advocate and social workers consultation, and during the divorce, a court order of schedule to see his children was not given. So lately he has been showing interest by collating books for his children – one is 16 years old and the other is 12 years old. He left them when the older child was 12, to turn 13, while the small one was 8 years old, to turn 9 years old.
    I am concerned because now he wants to bring books to my house and he has not seen the children for more than 3 years. Can you advise? Please help.

  8. Good morning. My name is Wendy I and I would like to get some help with child maintenance. Unfortunately I do not have all my slips to prove I been supporting my child alone. The father of my child does not support my child financially at all and his mother will buy our daughter things. He is involved in her life when it suits him mostly. I’m just fed up from struggling alone, can any you advise me please?

  9. Good Morning my name is Shane. I want to inquire about child maintenance. I have a court order and the mother is pressuring me for child support. But I am currently not working. So what can do form a legal perspective in this instance? Thanks

  10. Good day. I have a situation whereby my baby daddy has been supporting the child but this time, when I requested about the child support, he simply didn’t respond.
    When I called his mother to assist with an alternative number or find out what is happening, she insulted me. Perhaps it would be best that I consult with the maintenance court so that from now onward, he pays through court to avoid unnecessary fights. The problem is, I don’t have a receipt for what I have purchased for the child. Can I still go via the maintenance court?

  11. Good day. My name is Kim and I saw your Facebook post. I am currently going through a divorce with my husband who I married last year. He will be issuing me with a summons this month. I am looking to gain sole legal custody of my child and claim child maintenance from him. Last year he agreed to give me full legal.
    I am giving birth in March/April 2019. He has not been involved throughout the pregnancy and has been emotionally abusive towards me. However, he told me to leave the province and showed no interest in being involved in the child’s life. Now, all a sudden, he is requesting for legal custody in which he wants to see the baby once in a while. Secondly, he has agreed to cover 100 percent of the baby’s costs going forward, based on his religious requirement in Islam.
    However, I would like an amount to be determined as to avoid conflict. Please advise if you can assist me and if I have grounds for sole custody with visitation rights. We have different views on religious aspects, and that is why I also want sole custody as we are unable to deal with it in a civil manner.

    1. Good day. Please give us a call on 0214243487 to set up a consultation for some good legal advice. If the matter goes to court, the court would decide what is best for the child.

  12. Hi, my name is Lisa. I need advice in Child Maintenance. I have an 8 year old daughter and her father neglected her for 8 years. Now, I want to take him to Court so he can pay child maintenance. Since the child was born, he had never supported the child.

  13. I have two kids: my daughter is 11 and my son is 9. They are from different fathers.
    With regards to my daughter, her father denied paternity when she was born.
    We did a paternity test during 2014, which was positive.
    Long story short, since last year, he added her on his medical aid and also enrolled her in a boarding school. After doing so, he told me to transfer transport fees and other expenses for his his personal assistance. This way, the trust fund can pay out.

    Now my question, is it still possible to get maintenance from him while his been doing all of this?

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