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
One of the ways of resolving a divorce is through the negotiation of a settlement agreement. This involves the clients and their attorneys sitting down and trying to reach agreement on the various issues in dispute. These disputed issues usually revolve around who gets what, as well as around
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
The essential basis of the claim is the reciprocal duty of support between spouses, which includes the cost of legal proceedings. When assessing a spouse’s reasonable litigation needs, a court will have regard to what is involved in the case, the scale on which the parties are litigating, 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,
There are many benefits of getting married at Home Affairs and there are many reasons that people might choose to go this route. Whatever your decision, below you’ll find the information you need if you plan on having your marriage ceremony at any Home Affairs office in South Africa.
Every caring parent wants to give their child the best education possible according to their specific circumstances and station in life. Not all parents earn the same amount of money or have access to the best type of education. However, most parents will do their best, which the law
When the accrual is included in an Antenuptial contract, a spouse will be entitled to share in the growth of the two estates on divorce. This is often considered the most ideal way to marry. The term ‘accrual’ is used to denote the net increase in value of a
The family advocate assists parents in divorce proceedings to reach an agreement on disputed issues, namely care, contact and guardianship. If the parents are unable to reach an agreement, the family advocate evaluates their circumstances in light of the best interests of the child and makes a recommendation to
A parent should never alienate a child from the other parent. The Children’s Act contains certain provisions that aim to prevent one parent from frustrating the exercise of responsibilities and rights by the other parent. Any parent who has care of a child and refuses to allow the other
