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
With the implementation of the Children’s Act, the term ‘access’ has been replaced with the term ‘contact’, which is defined as: · communicating on a regular basis with the child in any other manner. It is a child’s right to have contact with both of
Paternity disputes often arise in maintenance proceedings because maintenance claims are based upon paternity. Liability needs to be established, via a paternity suit. Paternity disputes may be launched if the child’s paternity is in question. Unless the father or mother can prove otherwise, every child born from a marriage
Parental responsibility is the responsibility to care for the child, to maintain contact with the child, to act as guardian of the child, and to contribute to the maintenance of the child. The Children’s Act sets out that a person may have full or specific parental responsibilities and rights.
