Relocation refused

  In the case of de Groot v de Groot heard in the High Court in September 2009, Mom applied to court for leave to emigrate to Dubai with her husband-to-be over the objection of her ex husband who refused to give her permission to take the children with her Both parents were very close… Continue Reading

Keep a custody journal

If you are divorced or separated and share contact times with your ex you should keep track of the time you spend with your kids You should write down the following in a journal: Agreed exchange times (when you are supposed to see the kids on weekdays, weekends, public holidays, school holidays, birthdays, etc) Modified… Continue Reading

Babies’ Attachment to Parents Affected by Overnights

If co-parenting is not possible, we recommend that parents wait until the baby is older to introduce overnight visiting schedules From Leonard Holmes, About.com Guide Oakland, CA – Babies who spend overnights in the separate residences of each parent following divorce or separation, have difficulty establishing secure attachments to their parents, according to a recently-released study.… Continue Reading

Court recognises Hindu rites marriage valid for spousal maintenance

Magistrate finds husband has duty to maintain his wife in terms of their religious marriage in accordance with Hindu Personal Law, and grants an order for monthly maintenance Despite the current legal position, the presiding officer at the Wynberg Magistrates’ Court has found that that a religious marriage conducted in accordance with Hindu Personal Law… Continue Reading

Customary law adoptive parents liable for child maintenance

In the case of Maneli v Maneli handed down on 19 April 2010 the South Gauteng High Court ruled that children adopted through Xhosa customary law are entitled to maintenance from their adoptive parents after a divorce. Judge Ratha Mokgoatlheng made the order after a woman approached the court to force her former husband to… Continue Reading

Maintenance In Terms Of Customary Law Adoption – Maneli V Maneli

An adoptive father has a legal duty to maintain the minor child he and the applicant adopted in terms of Xhosa customary law Source: Marissa Beyers, LSNP Pro Bono Coordinator This matter was referred to the South Gauteng High Court by the Westonaria Maintenance Court to determine; 1.    Whether the Magistrate’s conclusion that the respondent had… Continue Reading

What is maintenance?

This article describes the duty to support someone else financially Source: A simple guide to South African Family Law by Nthabiseng Monareng Maintenance is the duty to support someone else financially which applies in the following circumstances: ·         There must be a relationship between the parties and the parties must be legally obliged to take care… Continue Reading

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