Child Custody For Unmarried Couples

2020-07-16T11:40:32+02:00Jan 24th, 2019|

What are unmarried couples rights to child custody? With regard to the custody of children conceived by an unmarried couple, nothing much changes to those borne to a married couple. In this day and age, there are many children whose parents were never married, or whose parents were never even in a committed relationship with [...]

The Amended Childrens Act on Surrogacy

2020-07-16T11:45:01+02:00Jan 24th, 2019|

The Amended Childrens Act on Surrogacy This overview of the law as it relates to surrogacy refers to the case Parte WH and others 2011 (6) SA 514 (GNP). The conclusion by the Court in the case of Van der Linde has certainly set a new outlook on the parental role. Before the enactment of [...]

Can Adultery Affect Child Custody?

2020-07-16T11:56:40+02:00Jan 24th, 2019|

Can Adultery Affect Child Custody? The short answer: No. But there’s more to this question than can be summarized in a simple one-word answer. There are cases whereby a carer's bedroom antics can influence one’s role as a caregiver and may be the cause for the court’s decision to change custody of a child/children. The [...]

What Are The Benefits of Shared Custody?

2020-07-16T11:59:31+02:00Jan 24th, 2019|

What Are The Benefits of Shared Custody? Both parents have significant roles to play in their children's lives therefore modern-day child custody cases require both parents to take part in a child's life.  For this reason, child custody cases are more likely to work, as both parents will be motivated to ensure that the best [...]

Can A Father Get Custody Of His Child?

2020-07-16T12:03:05+02:00Jan 23rd, 2019|

Can a father get custody of his child? Does the father, when separated, have a chance of securing custody of his own children? Many fathers ask this important question of whether or not they will receive custody of their children when parents are separated and while child custody takes centre stage. All over South Africa, [...]

How Long Should You Be Paid Spousal Maintenance?

2020-07-16T13:42:50+02:00Jan 23rd, 2019|

This is a contentious issue; how long should it take for an ex-spouse to become financially independent? In many cases of divorce, there is a spouse who has not worked or does not earn sufficient money to remain financially independent. At the time of divorce, the ex-spouse is expected to help their previous partner by [...]

Custodianship and moving children to another country

2020-07-16T13:49:13+02:00Jan 23rd, 2019|

Custodian parents who wish to “pack and leave for Perth” with their children, but whose ex-husbands refuse to let them go – what does the Court say? The matter of Ford versus Ford raises difficult emotional issues for the parties and their young daughter, the subject of the dispute. The parties are both British citizens [...]

Can Child Custody Be Settled Out Of Court? Benefits Of Custody Agreements.

2020-07-16T13:51:05+02:00Jan 23rd, 2019|

Can Child Custody Be Settled Out Of Court? This question is often asked: 'Can child custody be settled out of court?' Child custody cases that are taken to court can often be a lengthy and expensive experience. The parents or carers of the child or children often become aggravated and disputes develope between them. The [...]

Surrogacy Law In South Africa. What You Need To Know.

2020-07-16T13:58:04+02:00Jan 23rd, 2019|

Surrogacy Law In South Africa. What You Need To Know. This overview of the law as it relates to surrogacy refers to the case Parte WH and others 2011 (6) SA 514 (GNP). As a result of the fact that surrogacy has very far-reaching implications when it comes to the legal side of such an [...]

Who Gets Custody Of Child In Divorce

2020-07-16T14:02:22+02:00Jan 23rd, 2019|

Who Gets Custody Of Child In Divorce? Many cases of divorce is a messy and tiresome process that is emotionally traumatic for all those involved. Unfortunately, most cases of divorce involve children, and therefore child custody agreements will need to be drafted. To make the process a little easier for yourself, a few tips on [...]

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