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THE FAMILY ADVOCATE

The Family Advocate assists the parties to reach an agreement on disputed issues, namely custody, access and guardianship. If the parties are unable to reach an agreement, the Family Advocate evaluates the parties’ circumstances in light of the best interests of the child and makes a recommendation to the

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ACQUISITION OF PARENTAL RESPONSIBILITIES

The relationship between a parent and child is one of the most unique and intimate relationships that the law attempts to regulate. It is important to highlight the fact that in the Children’s Act responsibilities is mentioned before parental rights, and one can assume that the legislature did this

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DIVORCING YOUR SPOUSE WHEN THEIR WHEREABOUTS ARE UNKNOWN

Sometimes, married couples drift apart without ever getting a divorce. It occasionally happens that neither spouse takes any active steps to initiate the process and they simply lead separate lives until one of them starts thinking about marrying again and realises that there is some paperwork to be done.

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WHAT IS THE HAGUE CONVENTION?

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

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BREAKING THE GRIDLOCK OF DIVORCE SETTLEMENT

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

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THE ROLE OF THE CHILDREN’S COURT

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

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cost contributions claimed in a rule 43 application

COST CONTRIBUTIONS CLAIMED IN A RULE 43 APPLICATION

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

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GRANDPARENTS RIGHTS TO GRANDCHILDREN

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, well-being,

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GETTING MARRIED AT HOME AFFAIRS INS AND OUTS

GETTING MARRIED AT HOME AFFAIRS INS AND OUTS

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.

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PARENTAL CONSENT AND ENROLLMENT OF A CHILD IN SCHOOL

PARENTAL CONSENT AND ENROLLMENT OF A CHILD IN SCHOOL

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

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