A Shift In Duty 

When paying for a child’s tertiary education, it most likely means that the child has reached an age where he/she is considered an adult. As an 18-year-old, the child may be an adult, but is not yet considered self-supporting. When unable to look after themselves (due to financial constraints), it is the ultimately the child’s responsibility to claim maintenance from the parent in question. The spouse who may have had custody of the child is no longer expected to receive the money with regards to the wellbeing and support of the child.

Commitment To Education 

Although the child now receives maintenance from their parents toward living expenses and tertiary education, the parent is only expected to pay for the education as long as the parent has the financial means. Not only does the parent have responsibilities, but the child is expected to pass subjects at university. When he/she shows trends of failure or negligence, then it is no longer the parent’s responsibility to pay for tertiary education.

What Should You Pay For? 

It is parents’ duty to care for an adult child when they are unable to do so themselves. Children studying in a university are most often unable to provide for themselves, and therefore parents may have to fit the bill for tertiary fees, textbooks, food, accommodation, and transport.

A parent is no longer expected to provide maintenance for a child when the child is deemed at such an age and capacity to find a job for themselves, and therefore ensure their own livelihoods are taken care of.

For more information on child maintenance, child custody, and any other divorce or child-related legal query, contact Ivan Zartz Attorneys today!

The post Can A Child’s Tertiary Education Be Included In Maintenance? appeared first on Ivan Zartz Attorneys.

Grandparents 

Both the maternal and paternal grandparents are responsible for supporting a child if neither parent is able to do so. Often all four grandparents can be responsible for contributing financially toward the child, and at least one can be found responsible for the custodianship over the child. Alternatively, if a custodial parent is not receiving maintenance from the other parent, then he/she can claim maintenance from that parent’s parents.

Siblings 

In many cases, siblings are found to be custodians of children, responsible for the upbringing of their brother or sister. This is not uncommon, and legally siblings are responsible for their other siblings’ upbringing if parents, grandparents, and stepparents are unable to do so.

However, this is only considered an option when siblings are adults and have the financial capabilities toward supporting a child.

Steparents 

Stepparents are not responsible for the upbringing of the child as the parents themselves. By marrying their spouse who has maintenance or custodial duties, these duties cannot legally fall upon the stepparents too. However, there have been instances whereby parents have taken stepparents to court and the stepparents were ordered by judges to pay maintenance toward their stepchildren.

The above cases, however, are very rare, and only apply when the stepparent has the overwhelming financial security and the capability to look after their stepchildren without much effort.

As you can see, there are many people who are found responsible for the upbringing of a child when his/her parents are unable to do so. If you require legal assistance regarding the custody, support, and maintenance of children, don’t hesitate to contact Ivan Zartz Attorneys at the soonest opportunity.

The post Who Has Responsibility Of Supporting a Child When Parents Cannot? appeared first on Ivan Zartz Attorneys.

Please remember: By not paying maintenance, you are only harming your child and not the parent with custody and care obligations towards the child! 

Separating Child Custody From Maintenance 

It is important that you understand this important principle before you stop paying maintenance; child custody and visitation agreements are considered separate from that of a maintenance agreement.

Under no conditions is a parent obligated to stop paying child maintenance. Child maintenance is arranged so that the custodian or carer of the child has the financial means of providing food, education, and medical expenses for the child. Additionally, you cannot stop paying maintenance even in the event that the other parent prevents you from having contact with the child. If your ex-spouse remarries, has more children or finds themselves a new job, you are still expected to pay monthly maintenance according to the maintenance contract.

Here are a few things to keep in mind in the event of restricted visitation and contact, or the restructuring of the maintenance agreement:

Amending Maintenance Order 

If you cannot afford the maintenance for your child, then you may begin the procedure of amending your maintenance order. This can be done with the assistance of a divorce lawyer, or you can make the application yourself at the Family Court.

Restricted Visitation and Contact 

Your right to visit your child, or have your child stay with you on certain days, is outlined within the child custody agreement. A breach of a lawfully authored agreement is illegal, and a parent who prevents their child from seeing their mother/father may have their ability to care for the child questioned.

The best thing to do in the event of visitation restrictions or prevention is to contact a child custody attorney. With their consultation and assistance, you will be able to take the matter to court or begin a remediation procedure so that you may spend valuable time with your child again.

Contact Ivan Zartz Attorneys today if you are intent on spending more time with the children you love!

The post Are You Expected To Pay Maintenance If Prevented From Seeing Your Child? appeared first on Ivan Zartz Attorneys.

This can be a very awkward time for both you, as a parent, and your children, and introducing your kids to the ‘newfound love’ can lead to them experiencing a number of emotions. There are, therefore, a number of measures involved during this introduction, both of the psychological and legal sort. Take a look:

Remain Professional 

A parent must remain professional as well as amicable when introducing a new partner to the family. The same goes for those parents whose ex-spouse has now introduced a new partner. There are many instances of parents returning to courts at the instance of one of the parent’s new romance. This reignites a pointless legal battle because they believe that the new partner may negatively influence their children.

Both the parent in a new relationship, as well as the other parent, must respect their ex-spouse enough to amuse their concerns and/or allow the ex-spouse the freedom to date other people. What needs to remain of utmost importance is that any new decisions are made in the best interests of the children. This means that the new partner should not stay overnight with the children for at least a couple of months into what has to be a strong and committed new relationship. If a parent is only having casual relationships with one or multiple partners, it is best to not involve the children in any way whatsoever.

Emotional Sensitivity 

When a parent is introducing his/her children to a new partner, it is important that the first couple of visits are incredibly casual and quick. All visitation should occur away from the home in an environment in which the children are comfortable, such as at a restaurant. Don’t enquire from your children what they think of the new partner at this stage.

Once there is a moderate amount of affinity between the new partner and the children, then the partner may be allowed home visits. Be very careful when allowing new partners to sleep over during stays with the children. Be sure to consult the children at this stage. Find out what they think of your new partner, and encourage a prosperous relationship. To those parents whose ex has introduced a new partner; do not feel threatened by the introduction. Children understand that there is no replacing you as their parent, and the new partner may actually be beneficial to all parties involved.

If you are concerned about your children’s health during the stage whereby new family members are introduced, feel free to contact a mental health expert (such as a registered child psychologist) and/or a child custody attorney.

If you are looking for a child custody attorney in South Africa, don’t hesitate contacting Ivan Zartz Attorneys as soon as possible.

The post Introducing Children To A New Partner appeared first on Ivan Zartz Attorneys.

Many women in South Africa fall pregnant with only an idea of who the father may be. In these instances, one of two situations may occur. These will be discussed below. However, these situations exclude instances when the mother was married during conception, in which case the father is believed by the court to be the husband unless proved otherwise through blood tests.

“I’m Not The Baby’s Father” 

Any man who had sexual intercourse with a woman at the time of conception is believed to be the father of the baby. This is discussed in detail in the Children’s Act, but ultimately it is the assumed father’s responsibility to prove to the court that there is  reasonable doubt toward the mother’s claim. If he does dispute the findings (the model case of paternity disputes) then further action is taken by the court.

At this point, the maintenance officer may approach the party in question and request that he take a paternity test at a clinic with the mother and the baby. This only gets considered if the man has provided the court with the evidence indicating reasonable doubt. If the party disagrees to blood tests, the court does not have the authority to enforce these terms, and the man’s legal credibility is threatened. If blood tests are taken, and the man is indeed the father, the court has the authority to instruct the man to pay maintenance.

“I’m The Daddy!”

In these cases, the case is not considered a paternity dispute and the process is pretty straightforward. The father is provided maintenance terms by the court. No tests are requested, leaving any alternative outcomes forgotten until brought up at a later stage or if at all.

In any event, women are advised to approach maintenance court with their grievances so that the matter can reach a settlement. A wiser choice would be to approach maintenance court with the assistance of a family law attorney.

For the assistance of one of South Africa’s finest family law attorneys, specialising in cases of child custody in particular, make sure you contact Ivan Zartz Attorneys today.

The post Who’s The Baby Daddy? Paternity Disputes Spotlight appeared first on Ivan Zartz Attorneys.

Limits To International Relocation 

It is important to keep in mind that if you travel overseas with a partner, then there will be restrictions regarding your movement out of the country with your child (whether brought to the country with your partner or born on foreign soil). In countries that are party to the Hague Convention, permission from both parents is required to move with your child elsewhere. This may even be the case if there was a written agreement before the move took place regarding the movement of children in the event of a breakup.

Father’s Domicile 

The domicile of the child’s father at the time of marriage is an important factor regarding relocation of a child after a divorce. The Hague Convention upholds the right that the laws inferred at the time of divorce are those in which the father/husband was domiciled at the time when the marriage contract was signed, even if the contract was signed in a different country. This may have far-reaching consequences for children and their relocation. For instance, the power of the prenuptial agreement is limited in the UK, and the courts in the country do not necessarily have to enforce the decisions made in the agreement.

Homebase 

When moving overseas, even with a foreign partner that you love dearly, make sure that you keep a permanent residence in South Africa in the event that you feel you need to move back to the country with your children. When appealing to a foreign court to be able to move back to the country, proving that you have a permanent domicile will greatly improve your chances of relocating. This may be tricky regarding expenses, but co-owning a home with close family members (like your parents) can help you in this case.

Consult a Professional

This is the most important tip! Do not, under any circumstance, attempt to leave a foreign country with your children in tow. You are likely to be found guilty in a foreign court of child abduction according to the Hague Convention international laws. Consult with a legal professional and child custody attorney whether in the country of residence or your domicile country. Don’t be found guilty of a crime when you actually have the best interests of your children at heart.

For more information regarding child custody in South Africa, why not contact Ivan Zartz Attorneys. Make us your first choice regarding all cases of child custody in South Africa. Simply fill out the enquiry form on the contact us page, and we will get back to you.

Take a look at our child custody as well as our Hague Convention page for more information regarding these issues in the country.

The post Moving Overseas And The Custody Of Your Child appeared first on Ivan Zartz Attorneys.

Bugging Case

A recent court case in Family Court found a father guilty of bugging his daughter’s school uniform in order to find out important information discussed between the daughter, the mother as well as social workers. The cheap recording device was sewn into the girl’s clothing and recordings were saved throughout numerous days in which meetings would take place.

Additionally, the father and his new partner would place recording devices in rooms where the daughter and social workers would have meetings. This was all done in order for the father to find out crucial information regarding the daughter’s expected change of residence and guardianship from the father to the mother.

Overstepping The Law

This is a classic case of the father breaching the daughter’s privacy, and is not only illegal but the finding of which certainly contributed to the father losing his battle in court. The judge believed that by bugging his daughter’s clothing, the father has significantly damaged his relationship with his child, and such a situation warranted a change of guardianship.

In any event, such a breach of law and an invasion of privacy may mean an outcome worse than a change in the outcome of the court case. It may also mean that the person responsible for any legal breach will have to pay fines, damages and can even face imprisonment.

It is important that with all cases regarding Family Law that parties take into consideration the advice given to them by legal professionals. A Family Law attorney will be able to provide you with all the necessary information concerning one’s actions and responsibilities from the onset of all legal cases.

If you require Family Law attorney in South Africa, make sure that you contact Ivan Zartz Attorneys as soon  as possible.

The post Overstepping Family Law Rules appeared first on Ivan Zartz Attorneys.

The Responsibility of the Carer

When a parent has not paid his/her required child maintenance it is the responsibility of the carer to approach the Maintenance Court as a complainant. Without doing so, the state will have no proof that the parent has not paid child maintenance. If the parent responsible for the child maintenance payments (respondent) does not pay maintenance for more than a period of 10 days, then the complainant can approach the Maintenance Court. There are three orders that the complainant may apply for at the maintenance court in order to receive monies due. Without repayment after this period, the respondent is liable to pay fines and can even be jailed for a period up to 1 year.

The three orders that may be applied for are:

1. A Warrant of Execution whereby the Sheriff of the Court may approach the respondent’s physical address and can claim any moveable and immovable property until such a time that the unpaid child maintenance is repaid.
2. A Garnishee Order may also be made whereby any monetary compensation received by the respondent is immediately transferred to the account of the child carer until the child maintenance order is satisfied.
3. A Debt Attachment means that debt owed to the respondent will be interrupted before being received and transferred to the complainant until child maintenance is satisfied.

In every instance, only a certain amount is payable for a certain period of time, and each order can be challenged by the respondent with sufficient evidence supporting his/her case.

For more information regarding maintenance repayments, make sure you contact one of South Africa’s most experienced child custody lawyers, Ivan Zartz Attorneys.

The post What Happens When A Parent Avoids Child Maintenance? appeared first on Ivan Zartz Attorneys.

In Community of Property

In Community of Property is an easy law to understand. It basically means that any assets that either one of the spouses owns during or before the marriage vows are made belongs to both spouses equally. This means that in the event of divorce the sum of both assets will be divided as equally as possible, while during the event of death, the living spouse will have ownership of all the marriage assets. This agreement is the most repudiating with regards to property law and the individual ownership before marriage.

Anti-nuptial Contracts and Property

An anti-nuptial contract is very different from the Community of Property rule. In the case of anti-nuptial agreements, spouses can agree to accrual or not. Accrual means that any assets made during the marriage period will be shared equally in the event of divorce. However, any property or assets owned by any one of the spouses before marriage strictly stays in that individual’s name unless agreed on the anti-nuptial contract otherwise.

Without accrual means that all property and assets, whether accumulated during the time of marriage or not, is owned by the individual in whose name the assets are in. Without accrual can be problematic in the event that the other spouse helps to pay for a particular asset, and how a particular asset is shared needs to be expressed within the contract.

With regards to property, couples must think long and hard as to their choice in marital contract. As with any agreement, we cannot predict the future, and agreements need to be made now to safeguard individuals in the case of divorce and/or death. A hasty decision may supercede the common property law in any event.

For more information regarding property law, please contact Ivan Zartz Attorneys as soon as possible. Furthermore, take a look at our blog page to peruse our latest articles.

The post Marriage and Property Law appeared first on Ivan Zartz Attorneys.

Disabled Child Care 

According to the Children’s Act 35 of 2005, “a child with a disability or chronic illness has the right not to be subjected to medical, social, cultural and religious practices that are detrimental to his or her health, well-being, and dignity”.

This means that as a parent or carer of a disabled child, every measure must be taken to accommodate the child to ensure their continued well-being. Furthermore, efforts to include the disabled and chronically ill child in social, religious, cultural and educational activities is also expected. Additionally, any other support needed to promote their own self-reliance is a prerequisite.

Child Care and Custody Disputes

As you may expect, custody and care disputes with regards to disabled and chronically ill children can be a little more difficult than cases involving children in finer fettle. This is because the needs of the disabled child usually mean that more is expected of the carer, and maintenance paid by one parent will usually be costlier than usual.

Courts, as well as legal professionals, will ensure that all decisions are made in the best interests of the child and that the parent in whose care the child is placed is best suited to taking charge of the child’s needs. Disabled children will often require homes with more space, as well as fixtures and features that accommodate their disabilities. Often the parent with the most time available to care for the disabled child will be the preferred carer. In these instances, cooperation between separated parents is usually emphasised to ensure a stable upbringing for the child.

If you require more information regarding child care and child custody for disabled or chronically ill children, then make sure you contact Ivan Zartz Attorneys today. Ivan Zartz Attorneys specialises in all cases of child custody and is well-known throughout South Africa as a specialised practice in the legal field of child custody.

The post Child Care And Custody For The Disabled appeared first on Ivan Zartz Attorneys.