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

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


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

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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