Question 1

How are parenting disputes handled in Durban?

Accepted Answer

Most care and contact disputes for Durban clients begin in the Children's Court, which can grant interim or final orders on care, contact and the children's day-to-day welfare. The KwaZulu-Natal High Court (Durban Local Division) handles more complex matters, including contested guardianship and applications for children to relocate. Under the Children's Act 38 of 2005 the best interests of the child are always paramount. We help you navigate the right forum and build a compelling case.

Question 2

Can I get a protection order urgently in Durban?

Accepted Answer

Yes. Under the Domestic Violence Act 116 of 1998, an interim protection order can be granted on the same day in serious cases by the Magistrate's Court in your area. We guide you through the application process, help you gather the supporting information the court needs and make sure you are fully prepared at every stage so you feel supported throughout.

Question 3

Do you assist clients in Durban?

Accepted Answer

Yes. Leoni Naude Inc Attorneys assists clients in Durban and the wider KwaZulu-Natal area with family law. Durban and KwaZulu-Natal family law matters are dealt with at the local Maintenance Court and Children's Court, with more complex disputes heard in the KwaZulu-Natal High Court (Durban Local Division). We assist clients across Umhlanga, the Berea, the South Coast and the wider KZN with care and contact, parenting plans, maintenance claims and variations, guardianship and protection orders under the Children's Act 38 of 2005 and the Maintenance Act 99 of 1998. Online consultations bring practical family law advice within reach from anywhere in KwaZulu-Natal.

Question 4

Can you help me claim maintenance?

Accepted Answer

Yes. We help you apply for child or spousal maintenance from the start, and we also help you increase, reduce or enforce an existing maintenance order under the Maintenance Act 99 of 1998. We guide you on the financial information the Maintenance Court needs so a fair amount can be agreed or ordered.

Question 5

The other parent is not paying maintenance. What can I do?

Accepted Answer

You do not have to simply accept non-payment. The Maintenance Act 99 of 1998 provides several enforcement mechanisms: we help you approach the Maintenance Court to issue a warrant of execution, attach the defaulting parent's salary via a maintenance order against their employer, or take contempt of court proceedings. We act quickly so arrears are recovered and future payments are secured.

Question 6

What is a parenting plan and is it binding?

Accepted Answer

A parenting plan is a written agreement between parents setting out care, contact, schooling, holidays and how major decisions for the children are made. Under the Children's Act 38 of 2005, once a parenting plan is registered with a family advocate or made an order of court, it is legally binding and enforceable. It protects both you and your children by removing uncertainty about day-to-day arrangements.

Question 7

Who decides where the children live?

Accepted Answer

Under the Children's Act 38 of 2005, the guiding principle is always the best interests of the child. Parents can agree on care and contact arrangements, which we then confirm through the court as a parenting plan. Where parents cannot agree, the court decides — and we help you present your case properly, with the child's welfare at the centre.

Question 8

How do I get a protection order?

Accepted Answer

The Domestic Violence Act 116 of 1998 provides urgent relief where there is harassment, abuse or domestic violence. We guide you through applying for an interim protection order at the Magistrate's Court — which can be granted the same day in serious cases — explain the process step by step and make sure you understand what to expect so you feel supported throughout.

Question 9

Will my matter have to go to court, and what will it cost?

Accepted Answer

Not always. Many family matters under the Children's Act 38 of 2005 and the Maintenance Act 99 of 1998 are resolved by agreement, which is quicker and more affordable. We then make that agreement an order of court. Where court is unavoidable, we prepare your case properly. We are upfront about fees from the start — your consultation is the place to get a clear picture before any work begins.

Question 10

Do you assist with family law matters in Johannesburg, Pretoria, Kempton Park and the East Rand?

Accepted Answer

Yes. Leoni Naude Inc is based in Benoni on the East Rand and assists clients across Johannesburg, Pretoria, Kempton Park, Ekurhuleni and the wider South Africa. Our office is conveniently located for clients on the East Rand, and we offer online video consultations for clients elsewhere — so you can receive expert family law advice wherever you are, without needing to travel.

Question 11

What makes a good family law attorney in South Africa?

Accepted Answer

A good family law attorney listens carefully before advising, explains your options in plain language rather than legal jargon, and gives you honest guidance on likely outcomes, timelines and costs. They keep the best interests of your children at the centre of every decision and are able to act urgently when needed — for example in protection order or emergency custody matters. At Leoni Naude Inc we combine experience across maintenance, custody, parenting plans and protection orders with a compassionate and confidential approach from your very first consultation.

Family Law in Durban

Family Law for Durban clients

How it works

Tell us your story

A clear plan of action

We take action for you

A workable resolution

Frequently asked questions

Two easy ways to consult us

Online, anywhere in South Africa

In person at our Benoni office

Need family law in Durban?