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Free legal advice Cape Town – Family Law

ByOur Lawyer

Free legal advice Cape Town – Family Law

Free Legal Advice on Family Law and Related Topics

Advocate Cape Town Lawyer Attorney Legal High Court

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Legal services can be very expensive. However, if you know how to move around the web, you can easily find free resources. If you are in search of family law related legal services and advice, you are at the right place.

We are a legal consultancy based in the Western Cape. Our services comprise of various family law and other legal fields. Should you require any family law legal advice or services, click on the various links on this website.

Our Family Law Clients

We firmly believe in family relations and the need to protect and enforce it when necessary. Therefore, proper workable legal advice must always be provided. This we strive to ensure. Although we are based in Cape Town, we offer legal advice and legal services to clients throughout South Africa. This we do as we believe in providing high-quality legal services to everyone who requires it.

 

Free Family Law Resources

If you require any of the following free resources, feel free to order them.

  1. A Free Basic Will Tool Kit
  2. Free Shariah Will Template
  3. A Free Divorce Starter Tool Kit
  4. Free Child Maintenance Calculator
  5. A Free DIY Urgent Child Contact Toolkit
  6. Urgent Holiday Contact Toolkit

If you are in search of family law articles, view some of them below.

 Child Maintenance

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a parent?
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

Child Custody

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. How do I get full custody over my child?
  3. Parental Child Abuse in Custody Cases
  4. Relocate with minor child. Parent Refusing Consent for a Passport
  5. Father being refused contact to his child! What are his rights as a Father?
  6. Father’s Parental Responsibilities and Rights to his Child
  7. Urgent Access to your Children without a Lawyer
  8. Parenting Plans and the Law
  9. What happens in a custody dispute where one parent is mentally ill?
  10. How to win your child custody and access court case – Tips and Tricks

Divorce & Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

Domestic Violence

  1. I’m in a physically and emotionally abusive relationship. Help from Abuse.
  2. How to make a Domestic Violence Application

Frequently asked questions

Have a family Law appointment with us

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You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today.

If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more.

Visit our child custody and maintenance site for additional information.

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58 comments so far

NatashaPosted on3:54 pm - Aug 26, 2017

Dear sir/madam

I wanted advice on a matter regarding a baby. I was dating a guy and had a one intimate moment with a long friend that we recently connected in Cape Town. The reason is now I don’t want to pretend and pass the baby to the wrong guy and therefore robbing the guy who can be actual father by my mistakes.Because the guy I was dating then during my pregnancy went started dating with my friend when I was in France and now staying together and ignoring my calls since then.

I asked the friend for tests when the baby wasn’t born, or he had insisted and after the baby was he said he doesn’t have money for the tests, even though I offered to help out.Now that his things are suddenly going fine, after I asked again that we do the tests, he threatens that if the child is his he will take the child away from me bacause he is bitter that I am not with him.The baby is 1 year 1 month now, and I have been the only one with my scholarship stipend maintaining the baby and now suddenly someone feels they can just take the baby away from me because of his bitterness.

Please help, what steps can I take, because if I had the means I would get the baby from and just get the tests done so that this guy can just get over himself and I can rest from worrying about what he can do next.

    Our LawyerPosted on5:00 pm - Sep 25, 2017

    Good day

    The matter is complicated as you do not know who the father is. But should you find out, the father can only take the child from you if he can prove it is in the child’s best interest. The court would make the final order.

Sharon JonesPosted on11:30 am - Feb 9, 2018

Dear Sir/Madam

I would like to know my rights as a married woman, who’s partner of 8 years and now husband beat me up 10 months into our marriage, left the next day after he realised what he has done with R200 and no means of getting to a hospital or clinic. He come back the a week later to apologise, but I told him to leave, the following 4 months I was verbally abused, left to get a job, as I was retrenched and had health problems ( serious back and neck pain), he moved on found himself another punching bag. He only paid my rent the first month bought me R500.00 of food. It is 7 months later and still now sign of support from him, besides the money for his outstanding accounts. Surely I have rights even if we are married with a contract. Surly there must be some law for to compensate for what he has done to me and put me through….PLEASE PLEASE HELP ME I am lost and feel that I have no right to the damage he has done to me mentally, financially and emotionally.

Fahiema AbrahamsPosted on3:58 pm - Mar 26, 2018

I need advice please. I have been in a 30 marriage we got divorced 4 years ago. We were married in Muslim rights only. I have been trying for some kind of settlement. I was a stay at home mom. He owns various properties, its all now he’s. I’ve tried legal aid, law society even had an attorney I had a little saving which I spent on an attorney hoping he will be able to help. He mentioned that case would have to go to high court and I wouldn’t be able to afford it. All I want is something to sustain myself, its hard to find a job at 53years of age. Please give me some positive advice. Please.

    Our LawyerPosted on6:00 pm - Mar 26, 2018

    Good day

    We would presume your attorney advised you of your rights after he or she consulted with you. He or she would have advised you if you had a case or not. Unfortunately, you would need a court order to give you what you want. We suggest you to to find an attorney to do the case for you probono.

NerveWreckedPosted on10:15 pm - May 17, 2018

Can I tell my toddlers father that I don’t want her to sleep over if they smoke in the house when she is there? I feel that smoking around children is dangerous to their health. I will let her sleep over, I’m just not happy that they smoke in the house.

    Our LawyerPosted on2:20 pm - May 18, 2018

    You must do what is best for your kids. Act in their best interest. How it unfolds is another issue. We advise that you ask a lawyer to write a letter to him regarding the issue.

RasheedPosted on8:53 pm - Jun 23, 2018

Hi. My muslim daughter has a baby from a non-muslim boy. He and his lawyer has asked for visitation and maintenence rights. We do not want anything to do with the father as we will support the baby and want him to grow up in a muslim home. What can we do.Please keep anonymous.
.

    Our LawyerPosted on3:53 pm - Jun 25, 2018

    There is not much you can do. As he is the biological father of the child, he has rights to the child.

      JayPosted on2:14 pm - Dec 25, 2018

      Good day,
      If I was the person who came up the idea for a business and then had to go off to rehab for drug addiction. When I got out obviously I had no further involvement. Am I entitled to some kind of compensation? So you know it became very profialbe straight away.
      J

Rashieda LouwPosted on2:43 pm - Jul 31, 2018

Good day

Can you please give me advise last year i was in a car accident i have no car insurance nothing .
On friday i received a letter where the insurance of the other car that they are claiming against me for R90 000.00 that i need to pay in ten days time i want know aren’t they supposed to claim the access fee and not the whole damage amount .

NonhlanhlaPosted on5:33 pm - Sep 11, 2018

Good day

I am currently going through a divorce. There is a pre trial hearing tomorrow which I had agreed to attend, and yet my husband’s lawyer has gone to court to get a court order forcing me to comply and attend tomorrow, and I am liable for the costs. I would like to know if I am indeed liable for the costs because I had already indicated I would be attending and there was therefore no need to have to “force” me to comply?

    Our LawyerPosted on10:37 am - Sep 12, 2018

    Good day

    The Judge decides on the issue of costs. Put your case forward and then the judge will see if it was necessary to compel you to attend.

NhlanhlaPosted on11:18 am - Sep 12, 2018

Thank you for your feedback. I did, however only find out after she had gone to court, when I questioned her about her actions she said she had no duty to inform me of this action.

AmorettePosted on3:59 pm - Sep 19, 2018

A year ago my daughter fell pregnant, she informed the boyfriend at the time – he retreated and passed on accusations beyond our comprehension, claiming he is not the father and wants nothing to do with her.
He and his mother kept on saying that he could not be the father and will not take any responsibility until they have proof this is his child. At the time we had no problems with him wanting confirmation that he is the father. The situation calmed down and at times he wanted to be part of the baby and times he wanted nothing to do with them.
He started doing weird stuff, like hacking the family’s FB, creating new FB accounts in her name posting the most horrific things so with all this slandering and threats, we were forced to obtain an interdict against him to ensure my daughter’s safety and mental health during her pregnancy as she wanted to keep the baby with my full support.

The baby boy was born in March and is being taken care off by the best mother I have seen in years (not because she is my daughter because she is a good mother). In the meantime she met someone else who supported her through the pregnancy and wanted to be part of their lives whether he was the biological father or not, so when it came to registering the baby he put his name on the birth certificate and gave the baby his name as a second name.

A week ago she received a supine to appear in court on the 10th of October 2018, as he wishes to have DNA tests done (again,, accompanied with an affidavit filled with lies)

* Can she refuse the DNA test, based on the Interdict against him. (his mother asked me back then to withdraw the case as they are fully aware he is mentally unstable and that he would have been sent away)
*if the DNA is ordered by the courts – will the birth certificate have to be changed
*Once he finds out he is the father (like we said) will he have rights to the child (having confirmation from his mother that he had a problem)
*Does he have the right to ask for a DNA test even if he was not on the birth certificate and or part of the pregnancy and birth period.

I live abroad, but if need be I will make telephonic contact with any of you if this mean you can assist and advise.

Thank You
Concerned Mother

    Our LawyerPosted on7:10 pm - Sep 19, 2018

    Good day
    The issues raised are not that simple to answer in this blog. It all runs along the lines as what is best for the child. Obviously, the birth certificate is incorrect and needs to be changed. The court can order the paternity test if it believes it is in the child’s best interests irrespective of the interdict. And if it comes out positive, the father would have a right to fight to enforce his rights. this includes the changing of the birth certificate. We advise, that you set up a telephonic consultation with us to discuss these issues. Consider making use of http://www.ourlawyer.co.za/advice

WernerPosted on3:58 pm - Sep 20, 2018

Good day
I am relocating to South-East Asia and will have a lower paying job there, so I will not be able to afford to pay the same maintenance moneys every month. How would I notify the magistrates court in RSA about my change in circumstance without having to go to the court in person? If I earn less money abroad then would I have any trouble with the law if I pay less maintenance? Appreciate your advice.

    Our LawyerPosted on7:10 pm - Sep 20, 2018

    Good day
    The maintenance order in South Africa would stand. You would need to make an application for a variation thereof. We advise you to approach the maintenance court ASAP to discuss your situation and advise on what you need to do under your situation to avoid having future issues with the law.

WernerPosted on9:13 am - Sep 21, 2018

Hi there,

Since I’ll be out of the country, can the variation be applied for while I’m abroad and with you as my legal representation in SA? And what documents would you need from me such as my payslip from abroad, bank statements, etc to proof my new income?

Kindly advise.

Thanks.

    Our LawyerPosted on2:33 pm - Sep 21, 2018

    Good day
    You would have to contact the maintenance court and find out what the procedures are in your situation. You need to do it before you leave SA.

CazPosted on4:44 pm - Nov 25, 2018

Good day

I am divorced for 3 years and with my ex wife conceived another child. I have two kids with her and pay their medical aid and maintenance. I would love to spend more time with my kids but she refuses stating only at her house. Please advise on how i can get this matter resolved as i need to spend time with my kids but not at their mothers house.

Thanx

    Our LawyerPosted on5:01 pm - Nov 26, 2018

    Good day

    We advise you approach the Children’s Court for assistance. They would look into the matter and make an order regarding contact.

robertPosted on2:15 pm - Nov 30, 2018

Hi
I have a child with my ex I am remarried now for 4 years I have been working on and off but have not had a permanent job until now for the pass 4 years. (on and off meaning worked private job and casual jobs as I could), My wife I have now been very patient and supportive and been keeping the house running when there were times that I just didn’t work and brought nothing home financially , my ex gave me on for non support, 2016 I worked for a company for not even a full 3 months, so now I appeared in court as they want to know why I didn’t pay child support even thou I have explained,they want to me to plea, Last week I appeared again and this legal aid laywer that was given to me wanted them to lock me up ???? REALLY I explained to them that I am permanent now at this company, I made this month the 2nd payment of R1200, The first month payment was R1500 to my ex and now the 2nd month 1200, because I have made arrangement that the payment should be R1200 a month?

I am in arrears with child support that is why I am paying more than the initial amount. I have explained to them if they lock me up my ex will get nothing, i am working now and I am paying, and she is getting her money.

I need to appear in court again the 11 December 2018, This legal aid laywer is of no help to me.

What can I do please assist ?

As I said if they lock me up , who is going to pay her she will sit with nothing so to who’s benefit will that be?

Please assist ?

BronwynPosted on11:20 am - Dec 3, 2018

Hi I am divorced for just over 7 years now, I have a divorce decree that gives my kids father an amount that needed to be paid as of 3 December 2010 up until today he still hasn’t been able to pay the full amount due for the month he pays short on his maintenance every month. Our increase is on 1 December every year and this year he refuses to pay the increase told me to go to court and see if I will get an increase. He also refuses to pay half of schooling, uniform and medical aid. Is there anything that I can do to get my arrears for the 8 years as well as my increase?

charmainePosted on9:20 am - Dec 7, 2018

Good morning

I have a friend that has been married for about 4 years now with a daughter that is about 3 , he is a very good father . him and his wife life on the premises of her parents ,but he paid for the building of there granny flat at the back of the house , his wife and her mom are very close and now including her father are all ganging up on him and don’t talk to him , he has no idea why this is happerning when he asks his wife what is wrong she says she is not happy and says he is also not happy he does not want to get divorced and is worried about his daughter as he is the one that does most for her . they are all giving him the silent treatment and even telling him the lights must be out at a certain time so he can not iron his work cloths there any more , she even told him if he wants to leave and divorce her that is ok , yesterday he came home and saw they were in his cupboard and saw they had looked through his pension papers and so on . she is getting advice from her uncle that is a lawyer and he has no one to help him . now it looks like she does not want him to be with his child, it is breaking his heart as he after the birth of the child she had post depression and he took over and looked after the child like a mother and father should and he even takes the child to day care every morning , she is his world and now they want him to leave . please give me some advice is there a place in Bellville or cape town he can go see someone , that is not too expensive as he really does not have the money ,

    Our LawyerPosted on6:06 pm - Dec 8, 2018

    Good day
    We advise that he visit the Children’s Court for some advice, or maybe the office of the Family Advocate. That would be at no charge. Otherwise, when can try the net for affordable legal advice, from an attorney or advocate.

M joostePosted on9:12 am - Dec 13, 2018

Good day

My husband was in court for child maintenance and had to sign a agreement under duress as the lawyers said if he did not come to an agreement with them. They would arrest him on the spot. We can’t afford the monthly payment. He too our income and expenses breakdown with, but it was ignored. The lawyers just asked how muchthe mother want and the agreement was according to that. We want to pay but less than he was forced to agree to. What can we do?

    Our LawyerPosted on3:06 pm - Dec 13, 2018

    Good day
    Your husband should make an application for a reduction in Child Maintenance at the Maintenance Court where the mother and child reside. It is most probably the same court which granted the Order.

NathaliePosted on11:51 am - Dec 29, 2018

My ex-husband chose to leave the police force a few years ago. He lives off a pension through Polmed and got a payout from the pension which he has invested. He is a pastor and does counselling for which he gets paid and renovates kitchens. He is claiming now that he can’t pay me maintenance. I am a single mother with a 16 year old son who is only in Grade 10 now. He is claiming that he is unemployed although he willingly left the SAPS and has conceived another child with his current wife. Do I have any prospects of success if I take him to the maintenance court?

    Our LawyerPosted on1:47 pm - Jan 2, 2019

    Good day
    Your guess would be a good as ours. It is best that you consult with a social worker about your case and if need be, make an application to Court. The Court would then assess what is best for the child.

Raymond van der HulstPosted on1:09 pm - Jan 4, 2019

good day

my wife and i are planning to emigrate to Netherlands, but my wife’s daughter not legally mine, the child’s father has not paid maintenance in more than 5 years, and only pays for a plane ticket when he wants to see her.
could i legally adopt her with out the fathers consent?

    Our LawyerPosted on4:33 pm - Jan 4, 2019

    Good day
    We advise that you consult with a lawyer on this issue.
    You can make an application for adoption, but the father would also have a say. You may consider other avenues, for example, applying for parental rights.
    Otherwise, the lawyer and you can explore those options.

PietPosted on10:48 am - Jan 21, 2019

Hi,

I have an existing child that I have been taking care of ever since the child was born, now 6 years old. I’m in good terms with my first child’s mother. From the salary I get (after deductions I earn +/- R11 000). This year I will be paying R4 000 for school fees + DSTV Premium (+/- R980) + extra groceries (R3 500) for the first child and first mother. All these are payments that I’m comfortable and HAPPY to pay and there are no courts involved. I will then be left with around R2 500 to sort myself out during the course of the month.

Last year I made another girl pregnant due to give birth anytime now. We don’t get along, at all. Because the relationship with the “new” mother is looking very bleak at the moment. I opted to visit child maintenance court sometime last year to find out how I can start the process myself (avoid being ordered to do so). I was told that I cannot apply myself, I would need to wait till the child is born and the mother to make the claim against me. (Is this true?)

I have read a couple of articles and they all state “the child’s best interests are of paramount importance” and “This should be according to their means, standard of living, station in life, and the needs of the child.”

01-Is it “better” to go thru the courts for child support or better off making arrangements with the new mother? I would prefer to have as little contact with her as possible but pay my responsibility to the child. Also, I would prefer an option that is as anonymous as possible, if going thru the courts will have a “negative” impact on my future credit scores, loans, my workplace being notified, job applications, etc, etc? Or it’s a “subtle” matter that can be contained between the people that are involved?

02-Given my above calculations, On the above statement (“according to their means”), does this mean that the court will work on the R2500 that I’m left with or they look at my R11 000 as a whole?

03-Can the court order me to reduce my current commitments to the first mother and child to make sure that both kids get the same contributions from me? What I spend on the first child I must spend on the second?

04-The new mother asked for my ID and proof of address to make a claim for child support, should I give her those documents for her to make the application? Or is there some other way that I can submit to the court directly to avoid her having my document information? To be honest, I don’t trust her!

05-I read somewhere that the paying parent would have to “match” the current conditions that the child is living in terms of contributions. Meaning, if the new mother is living with her own parents and they are the ones paying for the child’s well being and they show proof of how much they spend, that’s what I would have to match?

I would appreciate as much of a detailed reply as possible based on the above.

Thanks.

    Our LawyerPosted on8:06 pm - Jan 21, 2019

    Good day
    We would advise that you actually sit down and consult with a lawyer on the questions you have raised.
    We would, however, suggest that you provide a reasonable offer of maintenance for the minor child to be born and pay it. If the mother is not happy with it, she must go to the Maintenance Court. The court would then look at what the needs are and what you and the mother can afford.

AndrePosted on11:33 pm - Jan 23, 2019

Good Day

My child left grade 11 from Limpopo Province to the Western Cape May 2017 and never enroll himself for grade 11 in 2017. Between May 2017 and 2018 he did not attend any school to complete his grade 12 in 2018. He would have been finished with grade 12 in 2018 if he enrolled himself at school in the Western Cape. I am living in Pretoria and don`t have access to him due to full custody that was provided to his mother. He is planning to sue me to for continuing child support due to the fact that he wants this money to enroll in private college to complete grade 10(N1), grade 11(N2) and grade 12 (N3). I assisted the school with paper work regarding my unemployment in 2017 and the School in Limpopo grant him a discount of R17 000 and his mum only have to pay R500 for the full year but did not use this opportunity because he left grade 11 in May 2017. Is it fair that I must be held accountable to pay for his bad decisions in not completing grade 11 and 12 in a state school where I as a parent could have apply for a unemployed rebate in Western Cape school, this allow him to complete grade 12 with the lease cost involved. How can I ensure that the court held my son who is now 18 accountable for his bad decisions and so ensure that he will never use this excuse again to sue me in this wasting the courts time and mine. I already established that Adult Basic Education and Training (ABET) centers exist in Western Cape and now costs are involved for him to complete his grade 12 except second hand school books that he needs to purchased. I already established that no school in the Western Cape are willing to take him back to complete his grade 11 due to his current age. I am currently a unemployed accounting/EMS/economics teacher and the officer of court in Western Cape does not want to listen to me but request a email for the subpoena to force me to appear in court in the Western Cape. Any advice will be highly appreciated. Regards Andre

    Our LawyerPosted on9:22 am - Jan 27, 2019

    Good day
    Your son is an adult, therefore he needs to make the Application to the Maintenance Court. As he is not self-support, unfortunately, both parents must still support him. The bad past decisions is unfortunate, however, it does not take away the duty of support. We advise that when you go to court, you bring up these issues, and ask the court to implore to the sun not to waste time and money.

ChanellePosted on6:26 am - Jan 24, 2019

Good day,

In 2008 we fell behind with our bond payments, which came to a point where our house was repossessed. We found somebody in the newspaper to help us save our house. The only option we had was to either sell or transfer the house onto somebody else’s name. Selling wasn’t an option as my in-laws are living with us and they invested their pension fund by building on. So we asked our closest friends at the time to help us out, they agreed. Initially the agreement was for 6 – 8 months, and the agreement stipulated that the bond repayments would still be debited from my husband’s account and up until today we did not skip one bond payment.

Because we were under administration we could not get the house back onto our name in such a short period of time. Time passed by and our friendship grew apart, they now want to purchase a house and threatening to sell the house from underneath us. There is no way we can transfer the house back onto our name, because we are still under administration. We have approached a law firm Maxlaw to get our name off from administration so that we can pay the creditors ourselves. We have been under administration since 2005 and the amount still remains the same.

I need to know if they do have the power to sell the house without our consent? As we have been paying the bond, water, electricity and rates, they are aware that the house is not theirs and it was just to use their names so that we don’t lose our house.

Please advise what I can do regarding the above matter.

    Our LawyerPosted on9:32 am - Jan 27, 2019

    Good day
    You would need to show the agreement you had with your friends to Maxlaw. It is best to discuss this issue with a lawyer after they saw the agreement.

Narine BenniePosted on11:30 am - Jan 24, 2019

Good Day,

We are emigrating to Belgium In March and have been waiting for my son’s unabbriged birth certificate since August 2018. We know have a letter from Home Affairs (Equivalent Document of Unabbriged Birth Certificate) valid until 27 March 2019. As per Home Affairs they are still searching for my son’s birth certificate. Can we take him out of the country indefinitely based on this letter alone? I can’t find any literature on what the law states.

Regards Narine

    Our LawyerPosted on9:15 am - Jan 27, 2019

    Good day
    We advise that you consult with a lawyer on this issue. I doubt a simple yes or no would do the trick.
    From the Children’s Act, both parents must just consent. In our view, which could be incorrect based on Home Affairs, that document should be enough.

WallePosted on10:49 am - Feb 8, 2019

My name is Walle,I’ve got a son and I was refused a chance to see or spend time with but in that process I’m being forced to pay for maintance for a child I last saw when he was a month old.I need advise on what to do?

    Our LawyerPosted on9:47 am - Feb 9, 2019

    Good day
    We advise that you approach the children’s court in the area where the mother and the child lives and apply for structured visitation rights.

CarynPosted on8:47 am - Feb 12, 2019

Good day,

17 and a half years ago, I had a daughter out of wedlock. 7 years after her birth, her biological father met her and disappeared out of her life as quickly as he came in. The beginning of last year, I tracked her father down and he was in his element that I had tracked him down because he wanted to be in his daughters life. He is married with 2 children, he owns his own house and has his own business. He doesn’t pay maintenance and when I ask him for help during the course of the month for food, electricity etc. he comes up with an excuse that he does not have money. However, I see that he goes out a lot with his wife and sons, he buys them expensive things but cannot assist with his 17 and a half year old daughter. I know I can go to maintenance courts, but he has a lawyer and I cannot afford one. I need help?

zainapPosted on6:58 pm - Feb 28, 2019

hi just last week wednesday my childrens fathers put me out of the house with my kids and now i live at my moms place in a small wendy with no window electricity and it is leaking and very cold but now he is saying that he is not going to give me any money will not buy any food and he doesnt want my kids live in the wendy and he is going to the socail workers because he want the kids and the socail worker told him that i should give half of the child support grant and he will give half what should i do and can he do this

HenkPosted on12:02 pm - Mar 27, 2019

Good day,
My wife and I decided to get divorced uncontested. We have 2 kids and aggreed that they will stay with her one week and with me the next, holidays on prior arrangement.
Can I do this at magistrates court and do they set up a parenting plan?
Or can you setup a parenting plan? If so what will the cost be for parenting plan?

Thank you in advance

    Our LawyerPosted on7:58 pm - Mar 29, 2019

    Good day

    It is best you have a lawyer attend to all the important issues in a Consent Paper (Dealing with the proprietary aspects) and a Parenting Plan. Have a look at the product on http://www.ourlawyer.co.za/shop. If you decide to do the divorce yourself, have a lawyer look over the documents first.

PHILOPosted on3:37 pm - Mar 29, 2019

GOOD DAY

I WOULD LIKE TO ASK IF THE PROPERTY HAS BEEN ISSUED A WRIT OF ATTACHMENT BY COURT, IT IS POSSIBLE TO CONTEST THAT OR TO CONVINCE THE CREDITOR TO MAKE PAYMENT?

    Our LawyerPosted on7:52 pm - Mar 29, 2019

    Good day
    You must have a valid reason to state that writ should not have been granted. However, you can always make arrangements with the creditor.

DerrickPosted on9:43 am - Apr 30, 2019

Good day
I have been paying maintenance up to date till now. I have unfortunately had to go into debt review and financially i cannot afford to pay my creditors as my salary does not cover the full payments. I have given notice to my ex wife with a debt review letter from debt counsellor. if i pay my ex half of what is supposed to be paid and catch up later in the months to come. can this be done or not? Please advise

    Our LawyerPosted on3:42 pm - May 2, 2019

    Good day
    You must pay your with maintenance as per the maintenance order. If you cannot afford to pay, then you must immediately apply to the maintenance court for a reduction.

AliciaPosted on9:57 am - May 24, 2019

Hi would like to know what I should so with my current situation.
Hi i have a 1year old daughter(still breastfeeding) and unmarried. Father and I split up. I do let him come to my(staying with parents) house to visit and spent time with her. He lives about 2hours away. He wants to have her for weekends but i do not feel comfortable with that, he and his family lives in a very dangerous area in Cape town and i need to protect my daughter. He doesnt have great parenting skills either. Drinks and drives etc. I still want her to see him but i will not rest if she goes away from me. How will I protect my little baby girl?

    Our LawyerPosted on7:29 pm - May 24, 2019

    Good day.
    You need to do what is best for the child. If you feel that child will be in danger in the care of the father then you have to find alternative means in order for the father having contact with you child.

    You cannot refuse the father contact. However contact must be reasonable and in the child’s best interest. We advise that you speak to the children’s court in your area about this issue or a social worker.

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