Altering the surname of a minor

A client asked: My wife and I have been raising her son. The biological father had passed. How can we change his surname to mine? You can change the surname of a minor: If a child is born out of wedlock and the mother marries a person other than the child’s biological father and wishes… Continue Reading

Can I change my child’s surname?

Q- I am divorced and remarried. My ex-husband has no contact with the minor children and I would like to change their surname to my married name or perhaps, give them a double-barrelled name. Can I do so? A- You need the ex’s consent (or a court order) to change their surname. You would need… Continue Reading

Access to Children

Rights of a parent without custody Access to children A divorced parent who has not been awarded custody of his or her children has a right – and almost an obligation – to see them regularly. Unfortunately, this so-called right of access to the children of a broken marriage frequently results in disputes, usually as… Continue Reading

Access to minor children

Where parents do not live together, access serves to promote a continuing parental relationship between the non-custodian parent and his or her child Access to minor children Source: Family Law Service by Schäfer “Access enables a person to see, and spend time with and enjoy the company of a child of whom he or she… Continue Reading

Do third parties have a right of contact with a child?

There is nothing in our common law to indicate that anyone has an inherent right of access to a minor child other than the biological parents of a child. Do third parties have a right of contact with a child? What is contact? The new Children’s Act defines ‘contact’, in relation to a child, to mean: 1)      maintaining… Continue Reading

Contact times with minor children

Although contact times depend on circumstances, the Family Advocate has made these recommendation est test test test test test test test test test test test test test test test test test test test test test test test test test test test test test test SUGGESTED AGE APPROPRIATE ACCESS Age of child Frequency and duration Overnight Vacation in time without… Continue Reading

Rights of grandparents to contact with grandchildren

What rights of access do grandparents have to their grandchildren In LH and another v LBA (EL1426/20101, Eastern Cape High Court) the court had to decide what rights of access grandparents had to their grandchild. Summary The applicants sought an order allowing them access to their six year old grandson, born out of a relationship between their… Continue Reading

Access by someone other than a child’s parents

In principle, anyone may apply for contact with a child, provided that the applicant can show that access would serve the child’s best interests. Access by someone other than a child’s parents I was asked this question by one of our readers: Do my ex husband’s parents and his sister have a right to see… Continue Reading

Granny Flat

Is a grandparent entitled to access to a grandchild? Source: Venn Nemeth and Hart, attorneys Pietermaritzburg Judge Jolyon Knoll of the Cape High Court recently had the unenviable task of hearing an application by a grandmother who wanted access to see her only grandson. Her daughter, the child’s mother, had died, and the son-in-law, the child’s father, had formed… Continue Reading

Parental responsibilities and rights

The Children’s Act of 2005 defines ‘parental responsibilities and rights’ Parental responsibilities and rights The Children’s’ Act of 2005 defines ‘parental responsibilities and rights’, in relation to a child, as the responsibilities and the rights referred to in section 18; 18     Parental responsibilities and rights  1.      A person may have either full or specific parental responsibilities and… Continue Reading

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