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
Rights of grandparents to contact with 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 deceased son and the respondent. The respondent had initiated… Continue Reading
SCA rules on child sexual abuse claims for civil damages brought later in life
On Monday, 27 September 2004 in the first case of this kind in South Africa, the Supreme Court of Appeal (SCA) handed down a ruling that prescription will only start to run in child sexual abuse claims brought by adult survivors of such abuse once the survivor is aware that they were not to blame… Continue Reading
Duration of duty to support children
A parent’s duty to support a child does not cease when the child reaches a particular age but it usually does so when the child becomes self-supporting. Duration of duty to support children A parent’s duty to support a child does not cease when the child reaches a particular age but it usually does so… Continue Reading
The Domestic Violence Act 116 of 1998
The objective of the Act is to provide an effective legal procedure for victims of domestic violence and to facilitate a cheap procedure that can be followed in the magistrate’s court The Domestic Violence Act 116 of 1998 Legislation that is specifically aimed at legal protection against domestic violence is the Domestic Violence Act,… Continue Reading
Adoption
Adoption is a legal way for an adult single person or couple to become the legal parents of a child. When you adopt a child, the child becomes yours as though born of you. Adoption Source: Cape Gateway Adoption is a legal way for an adult single person or couple to become the legal parents of… Continue Reading
Fathers fight for their rights
A SA branch of the British founded Fathers-4-Justice (F4J), a civil rights organisation campaigning for children’s rights to see both parents and grandparents after a divorce, has been formed. Dr Steven Pretorius the founder of F4J in SA, said the organisation’s main goal was to raise awareness of the plight of many parents – mainly… Continue Reading
Not all dads are bad, say caped crusaders
The South African branch of Fathers4Justice, a non-profit organisation campaigning for the rights of parents to have access to their children, wants to see the practice of almost always awarding custody to women changed. Not all dads are bad, say caped crusaders By Theresa Smith Source: This article was originally published on page 3 of The Cape Argus on… Continue Reading
Joint v. Sole Custody
What are the rights are of a parent who has joint custody of a child as opposed to one that has sole custody? Joint v. Sole Custody Please explain what the rights are of a parent who has joint custody of a child as opposed to one that has sole custody? My husband is… Continue Reading
COVID-19 Update