Wade Theron Inc. Attorneys assists parents and caregivers with child custody, parental rights, contact arrangements, parenting plans and maintenance matters in Boksburg and surrounding areas. We provide compassionate legal guidance focused on protecting children’s best interests while helping families establish fair, practical and sustainable arrangements.
Extremely helpful and friendly.
The best attorneys I've worked with ever!
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Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
Child Custody and Parental Rights Assistance in Boksburg
Disputes involving children can be among the most emotionally difficult family law matters. Parents may disagree about where a child should live, how often each parent should spend time with the child, who may make important decisions and how the child’s financial needs should be met.
Although terms such as “child custody” and “access” remain commonly used, the Children’s Act generally refers to parental responsibilities and rights involving care, contact, guardianship and maintenance. The child’s best interests remain the central consideration whenever arrangements affecting the child are determined.
Wade Theron Inc. Attorneys assists mothers, fathers, guardians and other qualifying caregivers in Boksburg and surrounding areas. We help clients understand their legal position, negotiate appropriate arrangements and approach the relevant court or Family Advocate where agreement cannot be reached.
Child Custody, Contact and Maintenance Services in Boksburg
Our family law attorneys can assist with:
- Primary residence and care arrangements
- Contact between a child and parent
- Parenting plans
- Parental responsibilities and rights
- Guardianship disputes
- Child maintenance applications
- Enforcement of unpaid maintenance
- Applications to increase or reduce maintenance
- Relocation disputes
- Changes to existing parenting arrangements
- Urgent disputes involving the safety or removal of a child
- Family Advocate and court processes
The correct legal process depends on the child’s circumstances, the relationship between the adults involved and whether an existing agreement or court order is already in place.
Some matters can be resolved through negotiation or mediation. Others require formal proceedings because one parent refuses contact, does not contribute financially, intends relocating with the child or believes that the existing arrangement is no longer in the child’s best interests.
Care, Primary Residence and Contact
Parents sometimes speak about obtaining “full custody”, but care arrangements are rarely determined by applying a simple winner-and-loser approach.
The relevant question is what arrangement will best promote the child’s safety, stability, development and continued relationships. Depending on the circumstances, the child may primarily live with one parent while maintaining meaningful contact with the other. In other families, a more equally shared arrangement may be practical.
Factors that may be relevant include the child’s age, routine, schooling, emotional needs, relationships with each parent, history of caregiving, safety concerns and the ability of the parents to communicate about the child.
A parent’s financial position is not the only consideration. A parent who earns less may still provide a stable and caring home, while a parent who pays maintenance does not automatically gain the right to dictate every aspect of the child’s life.
Our attorneys can help parents assess realistic care and contact arrangements rather than pursuing proposals that may be difficult for the child or impossible to maintain.
Extremely helpful and friendly.
The best attorneys I've worked with ever!
I would recommend WTI to everyone!!
Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
The Best Interests of the Child
The best-interests principle applies to every matter concerning a child.
This does not mean that the child simply chooses where to live or that the parent preferred by the child will automatically succeed. The child’s views may be considered where the child has sufficient age, maturity and development, but those views form part of a broader assessment.
Children should not be placed under pressure to choose between their parents, deliver messages, gather information or become involved in adult financial and relationship disputes.
Where parents cannot agree, the Family Advocate or another appropriate professional may investigate the family circumstances and provide recommendations intended to assist the court. The Office of the Family Advocate is an impartial service that assists with disputes concerning care, contact and guardianship.
Parental Responsibilities and Rights
Parental responsibilities and rights may include caring for the child, maintaining contact, acting as guardian and contributing towards maintenance.
The extent of a person’s responsibilities and rights depends on the law and the family circumstances. Biological parenthood does not always mean that every responsibility and right operates in exactly the same way from the outset.
Marriage, the relationship between the parents, acknowledgement of paternity, contributions to the child’s upbringing and existing agreements or orders may all be relevant.
Where a person does not automatically hold the required responsibilities and rights, it may be possible to obtain them through an agreement or court process. The proposed arrangement must remain consistent with the child’s best interests.
Rights of Unmarried Fathers
Unmarried fathers often require clarity about their rights to care for, maintain contact with and participate in important decisions concerning their children.
A father’s position should not be assessed only according to whether he was married to the child’s mother. The Children’s Act provides circumstances in which an unmarried father may acquire parental responsibilities and rights.
Where the parents disagree about whether those requirements have been met, legal advice may be needed. A parental responsibilities and rights agreement or court application may also be appropriate.
Maintenance and contact should not be treated as bargaining tools. A dispute over unpaid maintenance does not automatically entitle one parent to prevent contact, and a contact dispute does not remove the responsibility to support the child.
Each problem should be addressed through the correct legal process.
Extremely helpful and friendly.
The best attorneys I've worked with ever!
I would recommend WTI to everyone!!
Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
Parenting Plans in Boksburg
A parenting plan records how parents will exercise their responsibilities and rights in relation to their child.
A useful parenting plan should be specific enough to prevent repeated disagreements while remaining practical for the child’s age, schooling and routine. It may regulate primary residence, ordinary contact, school holidays, transport, healthcare, education, communication and decision-making.
It may also address birthdays, religious occasions, travel, passports, extracurricular activities and how the parents will resolve future disagreements.
A plan that merely allows “reasonable contact” may become difficult to enforce when the parents have different ideas about what is reasonable. On the other hand, an excessively rigid arrangement may become unsuitable as the child grows.
Parents may prepare a parenting plan with appropriate professional assistance. Depending on the circumstances, it may be registered with the Family Advocate or made an order of court.
Wade Theron Inc. Attorneys assists parents in Boksburg with negotiating, drafting, reviewing and formalising parenting plans that reflect the child’s practical needs.
When a Parent Prevents Contact
A parent should not ordinarily prevent contact merely because of anger, unpaid maintenance or conflict arising from the end of the relationship.
However, contact may require urgent reconsideration where there are genuine concerns about abuse, violence, substance misuse, neglect, abduction risk or another threat to the child.
The correct response depends on whether an existing parenting plan or court order is in place and whether the concern requires urgent protection. A parent should avoid simply ignoring a court order without obtaining advice, even where that parent believes the child may be at risk.
Where contact has been unreasonably denied, the affected parent may need assistance enforcing the arrangement or applying for a clearer order. Where safety concerns exist, the court may consider supervised contact, restricted contact or another appropriate arrangement.
Relocation and Contact Disputes in Boksburg
Relocation can significantly affect a child’s relationship with the parent who remains behind.
A parent may want to move because of employment, housing, family support, marriage or better opportunities. The other parent may believe that the move will reduce meaningful contact or disrupt the child’s schooling and stability.
The fact that one parent is the child’s primary caregiver does not always mean that the parent may relocate without considering the rights of the child and the other guardian.
Where agreement cannot be reached, legal advice should be obtained before the child is moved. The court may need to consider the reasons for the proposed relocation, the effect on the child, alternative contact arrangements, travel costs and the practical consequences for both parents.
International relocation and overseas travel may involve additional guardianship, passport and consent requirements.
Extremely helpful and friendly.
The best attorneys I've worked with ever!
I would recommend WTI to everyone!!
Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
Guardianship and Important Decisions
Guardianship includes responsibilities connected to important legal decisions affecting a child.
Depending on the circumstances, a guardian’s consent may be needed for matters such as marriage, adoption, departure from South Africa, passport applications and certain transactions involving the child’s property.
Disputes can arise when one guardian refuses consent or cannot be located. The appropriate court may be asked to resolve the issue where consent is unreasonably withheld or where a decision must be made in the child’s interests.
Everyday caregiving decisions should be distinguished from major guardianship decisions. A parenting plan can help clarify how parents will consult one another and which decisions require joint involvement.
Child Maintenance Lawyers in Boksburg
Both parents are expected to contribute towards their child’s reasonable needs according to their respective financial means.
Child maintenance may include food, housing, clothing, education, transport, medical care and other expenses required for the child’s proper living and upbringing.
The amount is not determined by applying one standard percentage to every family. The court considers the child’s reasonable needs and the parents’ income, expenses, responsibilities and ability to contribute.
A parent who earns more may be expected to contribute a larger proportion, but both parents’ circumstances remain relevant. Care provided directly by the parent with whom the child lives may also form part of that parent’s contribution.
Maintenance does not necessarily end automatically when the child turns 18. The responsibility may continue until the child becomes self-supporting, depending on the circumstances.
Applying for Child Maintenance
A parent or caregiver may approach the maintenance court when the person responsible for contributing towards the child’s support is not paying enough or is not paying at all.
The applicant should provide information showing the child’s expenses and the financial circumstances of the parties. This may include evidence of income, accommodation, school costs, medical expenses, transport and other regular needs.
The maintenance process may involve an investigation, negotiation, consent order or formal enquiry. The court can consider evidence from both parties before determining an appropriate amount.
Our attorneys can help clients prepare maintenance calculations, organise supporting documents, respond to claims and understand the court process.
Extremely helpful and friendly.
The best attorneys I've worked with ever!
I would recommend WTI to everyone!!
Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
Increasing or Reducing Maintenance
A maintenance order may need to be varied when circumstances change materially.
An increase may be sought where the child’s reasonable expenses have grown, school or medical costs have changed or the paying parent’s financial position has improved.
A reduction may be considered where the responsible parent has experienced a genuine and substantial decrease in income or has acquired other relevant responsibilities.
A person should not simply stop paying or unilaterally reduce the amount because circumstances have changed. The existing order remains enforceable until it is formally varied.
The court will assess whether the proposed change is justified and whether the revised amount remains fair to the child and the parties.
Unpaid Maintenance and Enforcement
Failure to comply with a maintenance order can have serious consequences.
Depending on the circumstances, enforcement measures may include execution against property, deductions from income and other remedies available under the Maintenance Act. The court may also consider the reasons for non-payment and whether the failure was deliberate.
A parent should keep a clear record of payments received, payments missed and communication concerning the arrears.
The person responsible for paying should retain proof of every payment. Cash payments without receipts can create disputes about whether the obligation was fulfilled.
Maintenance should not be withheld because contact is being denied. The paying parent should continue complying with the order while addressing the contact dispute separately.
Domestic Violence and Child Safety
A dispute concerning children may overlap with domestic violence, harassment, threats or controlling behaviour.
Where a parent or child faces immediate danger, protective measures may be required in addition to the family law process. The existence of conflict between adults does not automatically prove that a parent is unsafe, but credible allegations should be taken seriously and properly investigated.
A protection order, urgent application or temporary change to contact arrangements may be appropriate depending on the facts.
Our Domestic Violence service can provide further assistance where protection from abuse, threats or harassment is required.
Extremely helpful and friendly.
The best attorneys I've worked with ever!
I would recommend WTI to everyone!!
Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
Changing an Existing Court Order or Parenting Plan
Family circumstances do not remain fixed.
Children grow older, schools change, parents relocate and work schedules develop. An arrangement that was appropriate several years ago may no longer meet the child’s needs.
Parents may agree to amend a parenting plan, but important changes should be recorded properly. Informal deviations can create uncertainty, particularly when one parent later insists on returning to the original order.
Where agreement is not possible, a parent may apply for the existing arrangement to be varied. The applicant must generally show why the proposed change is in the child’s best interests.
A court order should be followed unless it has been replaced or varied through an appropriate process.
What to Bring to a Consultation
Where available, bring:
- The child’s birth certificate
- Existing parenting plans and court orders
- Divorce or settlement documents
- Maintenance orders and payment records
- School and medical information
- Proof of income and regular household expenses
- A summary of the child’s monthly expenses
- Relevant emails, messages and correspondence
- Details of current care and contact arrangements
- Information about relocation or safety concerns
- Reports from social workers, psychologists or other professionals
You do not need to postpone the consultation because some information is unavailable. The attorney can explain which further documents may be needed after assessing the matter.
Child Custody and Maintenance Lawyers Serving Boksburg and Surrounding Areas
Wade Theron Inc. Attorneys assists parents and caregivers throughout Boksburg, including Bartlett, Beyers Park, Bardene, Ravenswood, Atlasville, Impala Park, Jansen Park, Parkrand, Sunward Park, Libradene, Freeway Park, Boksburg North and Boksburg Central.
We also assist clients from Benoni, Kempton Park, Germiston, Edenvale, Bedfordview, Alberton, Brakpan, Springs and other nearby areas.
In-person and remote consultations may be available depending on the circumstances of the matter.
Extremely helpful and friendly.
The best attorneys I've worked with ever!
I would recommend WTI to everyone!!
Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
Speak to a Child Custody Lawyer in Boksburg
Disputes involving children should be approached carefully, with proper attention to their safety, stability and long-term relationships.
Contact Wade Theron Inc. Attorneys for assistance with child custody, care, contact, parental rights, parenting plans, relocation and maintenance matters in Boksburg and surrounding areas.
