In the case of Centre for Child Law v Director-General: Department of Home Affairs and Others the Constitutional Court declared section 10 of the Births and Deaths Registration Act 51 of 1992 (Act) invalid and inconsistent with the Constitution to the extent that it prohibits an unmarried father from giving notice of the birth of his child… Continue Reading
Does the estate of a deceased grandparent have an obligation to support a grandchild?
Phillipa Susan van Zyl NO v Getz (548/19) [2020] ZASCA 84 The mother of a child asked the Supreme Court of Appeal (SCA) for a ruling obliging the estate of a grandparent of her child to maintain the child. Both parents were alive. The mother could not afford to maintain the child and the father… Continue Reading
Parental Alienation
Source: Shando Theron, Head of the Matrimonial Law Department at Theron & Theron Attorneys in Johannesburg, www.divlaw.co.za. WHAT IS PARENTAL ALIENATION? It is a recurring problem that affects many families who experience high conflict, separation and divorce. It is the situation where one parent (the alienating parent – usually the mom) encourages the child to… Continue Reading
Disputed Child Relocation: Why the Courts Find It So Difficult to Decide
Source: Shando Theron, Head of the Matrimonial Litigation Department at Theron and Theron Attorneys in Johannesburg. shando@divlaw.co.za or www.divlaw.co.za ) WHAT IS A RELOCATION DISPUTE? The Principal Family Court Judge of New Zeeland, Boshier P, has described relocation cases as “cases that involve two competent and committed parents, one with sound reasons for wishing to… Continue Reading
Can an unmarried mom claim maintenance from the father’s pension?
A client asked: I would like some advice please. My partner and I were living together for 5 to 6 years then broke up in February 2018 because he was cheating on me. We have 2 children together which he paid R1000 Maintenance for a month. Last week he let me know that he lost… Continue Reading
Thinking of Getting Divorced?
Thinking of getting divorced? How divorce works Once a married couple (whether married according to civil or customary law) has decided to get divorced, the person suing for divorce (the “Plaintiff”) needs to prepare a divorce summons, either through the High Court or the Family Court at a local Magistrates’ Court, suing the other spouse… Continue Reading
Who is a Legal Guardian?
Who is a legal guardian? A client asked me when and how a person should appoint a guardian to look after minor children, on his or her death. Why is it so important to appoint a legal guardian for your children? On the death of the first dying parent, the surviving parent becomes the sole… Continue Reading
A grandparents’ duty to support their grandchild
Grandparents’ rights and responsibilities Intro: For many South Africans, grandparents are the backbone of the family, playing an important role in caring for and imparting values to their grandchildren. But what if this vital relationship isn’t intact? What rights do grandparents have, and do they have legal responsibilities too? Story: There can be no clearer… Continue Reading
At what age can a child decide for themselves whether they want to maintain contact with the other parent
A client asked: At what age can the child legally decide for themselves whether they want to maintain contact with the other parent? Answer: There is no set age in South African Law where a child under 18 can make a decision. The Children’s Act 38 of 2005 states that if the court is convinced… Continue Reading
When can a mom relocate overseas with her child born out of wedlock without the biological father’s consent?
My client has a child born out of wedlock. She wants to marry a UK citizen and wants to know if she needs the biological father’s consent to relocate with her child to the UK, or whether she enjoys sole responsibilities and rights in respect of the minor child, and doesn’t need his consent. The… Continue Reading
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