In the matter between:

[FULL NAME OF APPLICANT] (Applicant)

and

[FULL NAME OF RESPONDENT] (Respondent)

TAKE NOTICE that the Applicant intends to make an Application to the above Honourable Court on [DAY, DATE, YEAR], at [TIME] or as soon thereafter as Counsel may be heard for an Order in the following terms:

1. Condoning the Applicant’s non-compliance with forms, service, and time periods provided in the Uniform Rules of this Honourable Court and permitting this Application to be entertained as a matter of urgency in terms of Rule 6(12);
2. Postponing this Application to the first available date on the Semi-Urgent Roll for the determination of what is in the best interests of the minor child [FULL NAME OF MINOR CHILD] regarding the parties’ parental responsibilities and rights of care, contact, and guardianship;
3. Directing the Office of the Family Advocate to investigate and provide a report as to the best interests and well-being of the minor child regarding the parties’ parental responsibilities and rights of care, contact, and guardianship;
4. Ordering the parties to co-operate with the Office of the Family Advocate regarding the investigation described above and to make themselves and the minor child available for interviews and observation;
5. Directing the Office of the Family Advocate to file its report within [INSERT TIMEFRAME] from the date of the Order;
6. Granting the parties leave to file a Supplementary Affidavit within [INSERT TIMEFRAME] of the filing of the Family Advocate’s Report dealing with aspects raised in the Report;
7. Pending the finalisation of this matter on the Semi-Urgent Roll, the Applicant’s rights of care and contact regarding the minor child shall be as follows:
   1. The Applicant may collect the minor child from the Respondent’s home every [INSERT DAYS AND TIMES];
   2. The Applicant may collect the minor child every alternative weekend on [INSERT TIMES];
   3. The Applicant shall have contact with the minor child on special occasions such as birthdays, Father’s Day/Mother’s Day, and religious holidays for a period of no less than [INSERT HOURS], should those days not fall on the ordinary contact days outlined above;
8. Ordering the Respondent to pay the costs of this Application only in the event of opposition; and
9. Granting further and/or alternative relief.

TAKE NOTICE FURTHER that the Applicant has appointed the firm [NAME OF LEGAL PRACTITIONER OR FIRM], with its details as stated below, as the legal practitioner of record and address at which the Applicant shall accept notice and service of all process in these proceedings.

KINDLY TAKE NOTICE FURTHER that if you intend to oppose the Application, you are required to:

1. Inform the Applicant’s Legal Practitioner WITHIN [INSERT NUMBER] CALENDAR DAYS OF RECEIPT HEREOF (receipt via email or the Sheriff) of your intention to oppose this Application, wherein you are required to appoint in such notification an address referred to in Rule 6(5)(d) of the Uniform Rules of this Court at which you will accept notice and service of all documents in these proceedings; and
2. By [INSERT DATE], file your answering affidavit, if any; and
3. The Applicant shall file a replying affidavit by [INSERT DATE].

TAKE NOTICE FURTHER that the accompanying Affidavit of [FULL NAME OF APPLICANT] and confirmatory affidavits, attached hereto, will be used in support of this Application.

DATED AND SIGNED AT [CITY] ON THIS [DAY] OF [MONTH] [YEAR].

__________________________
Per: [NAME OF LEGAL PRACTITIONER]
[Designation, e.g., Attorney / Advocate]
Firm Number: [INSERT]
Address: [INSERT FULL ADDRESS]
Tel.: [INSERT TELEPHONE]
Email: [INSERT EMAIL]
Ref.: [INSERT REFERENCE]

To:
Registrar of the High Court
[INSERT DIVISION NAME]
[INSERT COURT ADDRESS]

And to:
[FULL NAME OF RESPONDENT]
[RESPONDENT’S ADDRESS]
Email: [RESPONDENT’S EMAIL]

IN THE HIGH COURT OF SOUTH AFRICA

[INSERT DIVISION NAME]

Case No.: [INSERT CASE NUMBER]

FOUNDING AFFIDAVIT

I, the undersigned, [FULL NAME OF APPLICANT], do hereby make oath and state as follows:

1. THE APPLICANT
   1. I am an adult [male/female], the Applicant in this matter. My identity number is [INSERT ID NUMBER].
   2. The facts contained herein are within my own personal knowledge and are true and correct unless the context indicates otherwise.
   3. Where I refer to matters of law, I do so on the advice of my legal representative, whose advice I believe is correct.
   4. My residence is [INSERT FULL ADDRESS]. I live with [INSERT FAMILY DETAILS].
   5. I work as [INSERT OCCUPATION] at [INSERT BUSINESS NAME].
2. THE RESPONDENT
   1. The Respondent in this matter is [FULL NAME OF RESPONDENT], an adult [male/female], with identity number [INSERT ID NUMBER].
   2. The Respondent resides at [INSERT ADDRESS].
   3. The Respondent and I were married and are now divorced since [INSERT DATE]. Attached hereto is a copy of the divorce certificate marked “Annexure A”.
3. THE MINOR CHILDThis application relates to the minor child [INSERT CHILD’S FULL NAME], born on [INSERT DATE OF BIRTH]. The child currently resides with the Respondent.
4. THIS APPLICATIONThis is an application for restoration of my parental responsibilities and rights of care and contact over the minor child, and for the appointment of the Office of the Family Advocate to investigate and report on what is in the child’s best interests.
5. URGENCYI respectfully submit that this application is urgent as it concerns the best interests and well-being of the minor child and the fact that I have had no scheduled contact since [INSERT DATE].
6. BACKGROUND[Provide a brief history of the relationship, marriage, and separation.]
7. CONTACT WITH THE MINOR CHILD SINCE BIRTH[Detail previous contact arrangements and any issues experienced.]
8. RELIEF SOUGHTI pray for an order as set out in the Notice of Motion attached hereto.

[FULL NAME OF APPLICANT]

__________________________

SIGNED and SWORN to before me at __________________________ on this ____ day of __________ 20__, the deponent having acknowledged that they know and understand the contents of this affidavit and consider the oath binding on their conscience.

__________________________
Commissioner of Oaths