What are their legal rights? The nature of families is constantly evolving, with more fluid attitudes about remarriage, same-sex marriage, life partnerships, and blended families prevalent today than in the past. The law is working hard to keep up. What happens when someone who is not a biological parent develops a deep bond with a […]
Reprinted from iol.co.za, by Sinenhlanhla Masilela – 2024-10-17 A Cape Town businessman who has been defaulting on maintenance for his three children has been ordered to pay the money or face 30 days in prison. The order was made by the Western Cape High court after he failed to follow a previous order compelling him to pay […]
The importance of cultural sensitivity Child care and contact is always a delicate matter in any divorce case, involving bargaining, compromise, high emotional investment and, sometimes, considerable conflict. If one parent decides to relocate to another country after divorce, the negotiations can be even more fraught and complex. Sometimes international relocation will be in pursuit […]
Post-pandemic trends in technology and family law Many things changed during the COVID-19 pandemic. Some practices we were all glad to see end, such as wearing face masks and needing proof of a negative test result before air travel. But some behaviours were introduced that have become mainstream, such as working from home and virtual […]
How technology can ease the transition Relocating to a new city or even country after a divorce can be the start of a new chapter, but it can lead to disputes between parents. The courts have recognised the need for parents to be actively involved in their children’s lives post divorce and provide them with […]
Prioritising children’s well-being Reprinted from Rising Sun – 2024-07-03 In South Africa, recent changes to the High Court and Regional Court rules require parties to indicate whether they have attempted mediation, are prepared to do so, or refuse mediation with reasons provided before initiating divorce actions. Child-centred Divorce Month, observed annually in July, aims to […]
Denying a parent access to a child could land you in jail When a couple with children divorces, the primary consideration is the wellbeing and welfare of those children. Many hours are spent agreeing custody arrangements and working out a parenting plan that defines contact hours, holiday provisions, and other aspects of a child’s physical […]
Reprinted from Business Live, by Tauriq Moosa – 2023-07-03 Divorce mediation act declared unconstitutional in case involving rugby player and former partner who wants to take their children to Australia A law that doesn’t give unmarried parents the same access to the family advocate as married ones has been declared unconstitutional by the Constitutional Court. […]
