Children’s Act – How it can influence your divorce

The main focus of the Children’s Act 38 of 2005 is that the child’s best interests are put first and foremost in every single case. Divorce is always going to be stressful and highly emotional for all involved – even in amicable separations. In order to stop children from being used as ‘bargaining chips’ when […]

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Child Guardianship Explained

Child guardianship, the topic can become hotly contested within divorce proceedings. Typically, the court grants guardianship to both parents as part of the divorce settlement. But, in very specific circumstances, the court may grant sole guardianship to one parent or someone who is not the biological parent at all.  Guardianship is the right and responsibility to manage a child’s interests; manage any assets or financial […]

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Travel Consent When Taking a Child Abroad

Taking a child abroad without permission is abduction An acrimonious divorce can have a devastating effect on the family unit. This is especially true where issues relating to child custody have been the source of tension. There have been a number of cases where parents have taken their child abroad without the permission of the other parent, […]

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Custody – The Difficult Question

A recent news article made mention of a parent resorting to standing outside a former partner’s workplace every day in a desperate attempt to gain access to their childs custody. Under South African law this behaviour is seen as an illegal protest. And yet, what other possible recourse was available? The breakdown of a relationship […]

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