In terms of section 28 of the Children’s Act a court can grant an order suspending any or all of a person’s parental responsibilities and rights for a period; can completely terminate any or all parental responsibilities and rights; and can grant an order that circumscribes or limits parental
Divorces may be Opposed or Unopposed. Divorces are unopposed when the parties have agreed to every aspect of their divorce including, the custody of the child, or children, contact schedules of the child or children, maintenance of the child or children, and maintenance of the other spouse if this
To enter into an engagement, one must be 18 years of age or older. Minors need the consent of both parents (or guardians), unless certain circumstances are in place or a court order is granted. Both parties must voluntarily, of their own free will, consent to the engagement. However,
South African law does not specifically provide for a Legal Separation for married couples. In the eyes of the Law, parties are either married or divorced. There is no in-between status. While there is no specific concept of Legal Separation, it does not mean that a married couple cannot
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 :
The SAPS has certain obligations to victims of domestic violence. Besides their legal duty to assist victims to take steps to protect themselves in terms of the Act, the police must: On receipt of a domestic violence complaint, wide-ranging duties are imposed on both the station commander and the
The words “domestic violence” tend to conjure images of physical violence and abuse. In our highly connected world, abusers also can use technology against victims to monitor, threaten, harass, and hurt them. They may install spyware on victims’ phones and impersonate them on social media to humiliate them. Technology
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
Nearly half of all marriages in South Africa end in divorce. Divorce need not be bitter or erupt into a war. Unfortunately, though, in many divorces, spouses turn what could be an amicable end to their marriage into an emotionally difficult and expensive legal battle by allowing their anger,
No parent wants to think about what will happen to their kids should they die prematurely… But if you’re a single or divorced parent, this life circumstance can have more complications than you planned for. South Africa counts among countries with the highest numbers of children who are being
