By Sasha Kadish Section 295 of the Children’s Act[1] sets out guidelines for a court to consider when confirming a surrogacy agreement. The guidelines[2] all refer to the requirements of the surrogate mother as well as the commissioning parents, save for S295(e), which states that the court must, in general, have regard for the personal… Continue Reading
The Children’s Act discriminates against unmarried parents
Section 40 of the Children’s Act, 38 of 2005 (the Act) does not afford parental and other rights to both unmarried parties in permanent life-long partnerships. According to the Act, when a married couple has a child through artificial insemination, both partners are automatically recognised as the legal parents of their child. This applies even… Continue Reading
Section 10 of the Births and Deaths Registration Act is unconstitutional.
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
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