Best Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Port Elizabeth Children’s Court

Family law legal matters can be very stressful. This is so whether you live in Port Elizabeth or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a completely different matter to understand the law and procedure for claiming child support. Luckily, in child maintenance matters, the maintenance court is there to assist you in completing the application form. According to Advocate Muhammad Abduroaf, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.

This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Port Elizabeth. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Port Elizabeth or any other city in South Africa.

What to do before visiting the Port Elizabeth Children’s Court

Before you approach the Children’s Court in Port Elizabeth, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, a priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Port Elizabeth has many professionals who can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Port Elizabeth Children’s Court for assistance.

TIP: According to Advocate Muhammad Abduroaf, Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.

Approaching the Port Elizabeth Children’s Court

The Port Elizabeth Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Port Elizabeth Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to the Children’s Court that is applicable to you.

Once you arrive at the Port Elizabeth Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.

In this form, you will provide all your particulars and those of the child or children and the other parent. The sections in the form are as follows:

• PART A: PARTICULARS OF CHILD(REN)
• PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
• PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
• PART D: PARTICULARS OF MATTER

In part D, the following is stated, which you need to provide in the form:

• Nature of matter brought to Court: (Please give full details of the matter, e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centres, adoption, etc.
• Documents: Are there any documents relating to the matter? (If so, please attach)

Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Port Elizabeth.

TIP: According to Advocate Muhammad Abduroaf,  draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.

Processing your Application at the Port Elizabeth Children’s Court

Once you complete Form A and submit it to the Clerk of the Port Elizabeth Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is set. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.

TIP: According to Advocate Muhammad Abduroaf, obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.

Appearing in the Port Elizabeth Children’s Court

When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate  or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:

• Get a social worker involved in the matter;
• Appoint a legal representative for the minor child;
• Implement interim care and contact arrangements;
• Having the parties attempt to agree on a parenting plan;

In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.

TIP: According to Advocate Muhammad Abduroaf, be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.

Finalising the matter in the Port Elizabeth Children’s Court

Once the Port Elizabeth Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months or a year later.

TIP: According to Advocate Muhammad Abduroaf, do not agree to something just because the social worker, a lawyer, or the Court suggests it. You need to be happy with what is decided.

The above Port Elizabeth Children’s Court Application tips should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha

Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Port Elizabeth, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

ABOUT ADVOCATE MUHAMMAD ABDUROAF

Advocate Muhammad Abduroaf is a hardworking, well-established, and distinguished legal professional and a respected figure in the field of law in South Africa. Known for his unwavering commitment to justice and his ability to navigate complex legal challenges, Advocate Muhammad Abduroaf has built a career spanning over two decades, marked by excellence and a profound dedication to serving his clients and the broader community.

Advocate Muhammad Abduroaf’s journey into law began with a robust academic foundation. He pursued his legal studies with a vision to impact the justice system positively. His areas of expertise span a wide array of legal disciplines, making him a versatile advocate capable of handling multifaceted cases with precision and care. He holds both an LL.B. and LL.M. (Master of Laws) degree.

Throughout his longstanding career, Advocate Muhammad Abduroaf has been involved in numerous landmark cases that have set significant legal precedents. His methodical approach, combined with a deep understanding of the law, has earned him the respect of his peers and clients alike. He is known for his meticulous preparation and ability to craft compelling arguments that influence the course of justice. A recent landmark judgment in which he successfully represented his client was FCP v STC and Another (Appeal) 2025 JDR 0812 (WCC), where the Appeal Court supported his argument that a child’s right to maintenance and a parent’s responsibility in that regard cannot be terminated. Google his more recent judgments.

Two of his notable judgments of approximately two decades ago were when he successfully argued for his clients in the reported cases of:

• Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 381. Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock. This was not possible for over 80 years, and
• Soller v Maintenance Magistrate, Wynberg and Others 2006 2 SA 66 (C) 2006 446, where the Western Cape High Court confirmed the extensive powers of the Maintenance Court, which included interdicting pension funds to pay.

Trust Account Advocate

Advocate Abduroaf is a distinguished Trust Account Advocate. Therefore, his work comes to him via attorneys or directly from the public. Therefore, if you require the assistance of Advocate Muhammad Abduroaf, you may approach him directly.

Contributions to the Community

Beyond the courtroom, Advocate Muhammad Abduroaf is deeply invested in online community development and legal education. He has organised and participated in numerous events aimed at empowering individuals with knowledge of their legal rights. His efforts to make the law accessible to all reflect his belief in the transformative power of knowledge and justice.

A Vision for the Future

Advocate Muhammad Abduroaf continues to inspire aspiring legal professionals and advocates. His career is a testament to the value of integrity, perseverance, and a relentless pursuit of justice. As he forges ahead, his contributions to the legal field and society as a whole remain invaluable.

In sum, Advocate Muhammad Abduroaf exemplifies the qualities of a dedicated advocate, using his knowledge and expertise to make a meaningful impact in the lives of many. His legacy is one of justice, compassion, and unwavering commitment to the rule of law.

CONNECT WITH ADVOCATE MUHAMMAD ABDUROAF

If you wish to connect with Advocate Muhammad Abduroaf, his website is www.abduroaf.co.za. We suggest you schedule an appointment with him if you require legal advice or legal representation.