24 01, 2019

Parental Alienation

2019-01-24T13:07:04+00:00January 24th, 2019|Dispute Resolution, Family Law|0 Comments

The social science research advises that the most salient factor in determining risk for poor developmental outcomes for children subject to parental divorce is the level of conflict between parents. High conflict separated parents, at least one parent, if not both holds a great deal of animosity which can lead to parental alienation. One or [...]

24 01, 2019

Mediation Preferred In Dispute Resolution

2019-01-24T13:02:58+00:00January 24th, 2019|Dispute Resolution, Family Law|0 Comments

A recent trend in dispute resolution, the world over, is the gaining popularity in mediation. Mediation is slowly becoming the preferred resolution practice with mediators facilitating negotiations between parties in a number of fields all across the globe. Mediation is becoming common practice in the business field. As more businesses are feeling the pinch due [...]

24 01, 2019

Overview: International Law relating to Surrogacy

2019-01-24T12:01:10+00:00January 24th, 2019|Dispute Resolution, Family Law|0 Comments

Information in this article has been taken from the case file Parte WH and others 2011 (6) 514 (GNP) How does South Africa compare with other countries in respect of legal requirements for surrogacy?  While there appears to be a growing international trend to provide an adequate legislative basis to deal with surrogacy, informal surrogacy [...]

24 01, 2019

Legal and Constitutional Issues arising from Surrogacy Applications

2019-01-24T11:59:24+00:00January 24th, 2019|Dispute Resolution, Family Law|0 Comments

The contents of this article refer to the case Parte WH and Others (2011) (6) SA 514 (GNP) Certain constitutional and legal issues invariably arise out of surrogacy applications and we deal with some of them below. SURROGACY AND SAME SEX RELATIONSHIPS As South African Law recognises heterosexual as well as same sex civil marriages [...]

24 01, 2019

Child Custody Outside Marriage

2019-01-24T11:51:52+00:00January 24th, 2019|Child Custody, Dispute Resolution, Family Law|0 Comments

Law firms that champion men’s rights — and particularly those of fathers and their child custody rights — are a growing breed across the U.S., marketing themselves to men who are increasingly empowered in their role as dads. More state legislatures are rethinking child custody laws amid the latest scientific research showing that fathers are [...]

24 01, 2019

Why Couples Shun Mediation

2019-01-24T11:49:19+00:00January 24th, 2019|Dispute Resolution, Family Law|0 Comments

Recent studies have shown that the majority of separating couples go to the court to settle their disputes, rather than settling the separation through mediation. Mediation is a tried, proven and trusted method of dispute resolution, and has less of a psychological impact for those involved in a separation between parents. This means that children [...]

24 01, 2019

Mediation to resolve parenting disputes

2019-01-24T11:47:19+00:00January 24th, 2019|Dispute Resolution, Family Law|0 Comments

Original article by Gary Direnfeld (Canadian social worker) – October 4, 2014 People attend mediation to resolve conflict and this article is specifically aimed at mediation to resolve parenting disputes related to the care of children between separated/divorced parents. When considering mediation to resolve parenting disputes, one should always consider what issues are involved and [...]

24 01, 2019

How Domestic Violence Impacts Child Custody Cases

2019-01-24T11:43:22+00:00January 24th, 2019|Dispute Resolution, Family Law|0 Comments

Those decisions made by the court at the conclusion of litigated child custody cases are made in the best interests of the children. This goes without saying during every child custody case. However, circumstances sometimes overwhelmingly dictate the decisions in court and one factor that affects the family enough to consider almost an immediate custody [...]

24 01, 2019

Applying for Surrogacy – The Role of the High Court

2019-01-24T11:41:10+00:00January 24th, 2019|Child Custody, Family Law|0 Comments

The contents of this article refer to the case Parte WH and Others (2011) (6) SA 514 (GNP) The agreement between a surrogate mother and the parents who are requesting this “service” (they are also called the “commissioning parents”) must be confirmed by the High Court, as it is a contract of a special kind, [...]

24 01, 2019

Hardship For Fathers

2019-01-24T11:38:17+00:00January 24th, 2019|Child Custody, Family Law|0 Comments

DOES A FATHER HAVE TO PAY A THIRD PARTY TO SEE HIS CHILD? A recent case that I have been involved in demonstrates one of the sad realities of parental alienation. The biological father of a child of 9 who is now 14 years of age had been alienated from the child by the mother. [...]

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