Case Studies
How to Start a Legal Adoption Process Adoption is a legal process through which a person or couple becomes the legal parent(s) of a child who is not their biological offspring. In South Africa, adoption is governed by specific laws and regulations to ensure the protection and welfare of
Ms Hendricks recently approached our offices for advice on the issue of the termination of her ex-husband’s parental responsibilities and rights in respect of their daughter who is 6 years old. She advised our offices that she divorced her husband in 2019 due to the abuse and infidelity that
Miss A recently approached our offices wanting to relocate with her minor child to the United Kingdom. Miss A and the father of the minor child were never married, but they had concluded a Parenting Plan when the minor child was still an infant as to the father’s responsibilities
Mr and Mrs Smith divorced 25 years ago. They entered into a settlement agreement at the time which required Mr Smith to pay monthly maintenance to his wife until she died or remarried. He was also required to pay maintenance for their minor children until they became self-supporting. Despite
A parent’s liabilities towards a child do not change when the child turns 18 years of age or if the parents are divorced. Both parents remain liable for taking care of the child for as long as the child requires maintenance. A maintenance Order does not have to make
Parental Alienation as a form of emotional child abuse and is the single most important concern for Family Law practitioners in South Africa. Parental alienation occurs when separated parents inflict doubt in the children’s minds towards the other parent resulting in frustration by one parent to have contact with
The relationship between a parent and child is one of the most unique and intimate relationships that the law attempts to regulate. It is important to highlight the fact that in the Children’s Act responsibilities is mentioned before parental rights, and one can assume that the legislature did this
The Hague Convention on the Civil Aspects of International Child Abduction is the main international agreement that covers international parental child abduction. It provides a process through which a parent can seek to have their child returned to their home country. The purpose of the Convention is to protect
A Children’s Court is a special court which deals with issues affecting children. Every Magistrate’s Court in South Africa is a Children’s Court. The Children’s Court also takes care of children who are in need of care and protection and makes decisions about children who are abandoned, neglected or
South African law does not make specific provision for grandparents’ rights over their grandchildren. That said, the Children’s Act 38 of 2005 does provide for a way to establish such rights. The Children’s Act 38 of 2005 Law provides for third parties who have an interest in the care,
