Your rights and responsibilities as a new adult… With due acknowledgement to the Law Society of South Africa NEW ADULTS – A LEGAL GUIDE Your rights and responsibilities as a new adult… General Principles Your fundamental rights Since 1994, South Africa has a Constitution which guarantees you a variety of fundamental rights. Always remember to inquire… Continue Reading
Children’s bill of rights
Every kid has rights, particularly when mom and dad are splitting up. Reprinted with the permission of AMERICAN ACADEMY OF MATRIMONIAL LAWYERS CHILDREN’S BILL OF RIGHTS WHEN PARENTS ARE NOT TOGETHER Every kid has rights, particularly when mom and dad are splitting up. Below are some things parents shouldn’t forget — and kids shouldn’t let them… Continue Reading
Ten Tips for Divorcing Parents
Divorce is never easy on kids, but there are many ways parents can lessen the impact of their break-up on their children: Ten Tips for Divorcing Parents By Mike McCurley Divorce is never easy on kids, but there are many ways parents can lessen the impact of their break-up on their children: 1. Never disparage your… Continue Reading
Debate over ‘virtual’ visits
This article discusses recent developments in US law where a parent is granted “virtual visitation” – the chance to talk with a child through an internet video connection Debate over ‘virtual’ visits Source 24.com Springfield – Divorce put David List and his two-year-old daughter on opposite sides of the Atlantic Ocean, and he worried that… Continue Reading
Former husband’s pension attached for maintenance
In what is seen as a landmark ruling, a mother of two has been awarded R100 000 in outstanding maintenance payments over five years from her former husband for their 10-year-old son. Former husband’s pension attached for maintenance In what is seen as a landmark ruling, a mother of two has been awarded R100 000… Continue Reading
When can a divorced parent of a minor child remove the child from South Africa
In the case of Helen Margaret Ford V Michael George William Ford, the Supreme Court of Appeal (Case 52/05) rejected an application by the custodian parent of young child for leave to remove the child permanently from South Africa on the basis that it was not in the interests of child. In relocation applications the… Continue Reading
What’s in a surname?
What’s in a surname? This article deals with the Births and Deaths Registration Act 51 of 1992 and The Children’s Act, 38 of 2005, which govern the surname a child assumes at birth, and when a woman or man may change his or her surname. Surname of a child at birth A legitimate child takes the… Continue Reading
Virtual visitation
Although nothing can replace face-to-face contact with your children, if you are about to go through a divorce, ask your attorney to provide for “virtual visitation” in your divorce agreement. This will guarantee you the chance to talk with your children through an internet video connection regularly each week. These chats will keep you going… Continue Reading
Best interests of children
Sections 7 to 10 of the Children’s Act deal with what constitutes the “best interests” of children. Best interests of children Sections 7 to 10 of the Children’s Act deal with what constitutes the “best interests” of children. 7 Best interests of child standard 1) Whenever a provision of this Act requires the best interests… Continue Reading
Proposed Parenting Plan
This is a roadmap to assist parents in dealing with their rights and responsibilities of their children after the divorce 1. Legal Contact. The responsibility for making major decisions affecting the child(ren)’s welfare including major medical decisions, educational, legal and religious decisions. a. legal contact of the child(ren) shall be shared legal contact. The parents have the ability… Continue Reading
COVID-19 Update