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
Parenting Plan Issues to Be Agreed Upon
In an ideal world, divorced or single parents should agree that all decision-making will be done with the best interests of their children in mind (and put aside their personal diffences) These are some of the issues that divorced parents should address concerning their children Best interest principle paramount • The parents agree that… Continue Reading
How to Choose a Guardian for Your Kids
Even though it is not a pleasant thought it is something one has to think about when one has a child – a legal guardian. Source: PSG Konsult Houghton A legal guardian is an adult that is appointed to look after your child should you and his or her other parent die before the child reaches maturity.… Continue Reading
The Best Interest of the Child
In all actions concerning children whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, or legislative bodies, the best interests of the child shall be a primary consideration. Source: The centre for Child Law The principle of the best interests of the child is one of the four pillars of the… Continue Reading
Relocation
This article deals with the consent required before one parent can remove a child from or within the Republic Source: The centre for Child Law Most divorce orders include contact and care arrangement for children affected by the dissolution of a marriage. Divorced parents usually have to rearrange their lives to adjust to new family units following… Continue Reading
Consent to adoption of a child
Whose consent is required to adopt a child? In terms of section 233 of the Children’s Act a child may be adopted only if consent for the adoption has been given by each parent of the child (regardless of whether the parents are married or not), or by any other person who holds guardianship in respect of the… Continue Reading
Can divorcing parents compel their young child to belong to their church and adhere to its dictates?
Compelling a child to be God-fearing In Kotze v Kotze the Court declined to include in a settlement agreement in respect of divorce proceedings between the parents a clause that read: Both parties undertake to educate the minor child in the A… Church and undertake that he will fully participate in all religious activities of the… Continue Reading
Appointment of a separate legal representative for a child by the Legal Aid Board
The Legal Aid Board can appoint a separate legal representative for a child without a court order and without permission from a parent or guardian Source: Juta Law The first definitive judgment on the issue of separate legal representation for a child in a civil matter and the application of s 28(1) (h) of the Constitution was Soller v… Continue Reading
Surrogates no longer legal parents
The North Gauteng High Court in Pretoria has handed down a landmark judgment that recognises couples, who have children through surrogacy, as the legal parents. Landmark ruling on surrogacy A landmark judgment that recognises couples who have children through surrogacy as the legal parents, has been handed down by that North Gauteng High Court. According… Continue Reading
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