Case Studies
Guardianship is an adults’ right and responsibility. In terms of the Children’s Act 38 of 2005 a person who acts as a guardian must: 1) Administer and safeguard the child’s property and property interests; 2) Assist or represent the child in administrative, contractual and other legal matters; or 3)
It is common knowledge that one of the greatest ills plaguing our democracy is the neglect and abuse of children. Our Constitution entrenches children’s rights in our society, which include the right to safety and security, and parliament has given effect to such rights by enacting the Children’s Act,
Filicide, is the murder of a child by a parent. Filicide is a multifaceted phenomenon with various causes and characteristics. Filicide is a relatively rare event. In attempts to determine reasons for child murder by parents, several authors have proposed general classification systems that categorize cases based mostly on
When a person who is legally liable to pay maintenance towards a minor child has not been meeting his or her obligations, an application can be brought for the enforcement of arrear maintenance. A Maintenance Officer may make an order which compels the person liable to pay such maintenance
Divorce and separation can breed bad blood between parents and children when one partner uses the children to target the other partner. Parental alienation can be described as the efforts on the part of one parent to turn a child, or children, against the other parent. Parental Alienation Syndrome,
Contact between parent and child is an essential component of family life and is nearly always in the interests of the child. Contact between parent and child is to be terminated only in exceptional circumstances, where there are cogent reasons for doing so and when there is no alternative.
The recent case of a Danish father who was reunited with his five-year-old son after an 18-month international manhunt for the child and his mother is an enormous success for the offices of Benita Ardenbaum Attorney. This international case required expertise in Hague Convention matters relating to the abduction
The Law of Persons in South Africa regulates the birth, private-law status and the death of natural persons. Legal subjectivity of a child begins at birth. A foetus/unborn child therefore has no rights or duties or capacities. However, there are certain measures in South African law which provide for protection of
In South African law, kidnapping of a child is the unlawful intentional deprivation of a parent of control over the child. Young children are most likely to be kidnapped by a legal guardian during custody disputes. This should not be confused with abduction. In South Africa, abduction is the
There are two models of legal representation of children that are being used in South Africa, namely, client directed legal representation and best interests legal representation. Client Directed Legal Representation : This model of representation of children allows the child to direct the litigation. Best Interests Legal Representation :
