Family Law, Divorce & Conveyancing Specialists in South Africa
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 :
When a parent passes away, this primary responsibility to maintain the child will not end or be extinguished but will rather lie against the estate of the deceased parent. Where a deceased parent’s estate is inadequate to cover the child’s support, or if there is no estate leftover to
One of the most difficult, painful conversations you will ever face is talking to your kids about your plan to divorce. When you know that you will be separating or divorcing, it is important to talk to your kids before they hear it from someone else. Imagine how upsetting
The notion of parental child abduction may seem foreign to many parents, however, in reality many children are abducted by a parent or caregiver. Parental child abduction is defined as the “taking, retention, or concealment of a child or children by a parent, other family member, or their agent,
When a person has a child, the law dictates that they have to take care of, and are responsible for the child. The Children’s Act, 38 of 2005 speaks about “parental responsibilities and rights”, of which there are many. The Children’s Act explains these parental responsibilities and rights. To
