Protecting children’s best interests As family lawyers, we talk repeatedly about “the best interests of the child”. This is the principle that informs and underpins the Children’s Act and should be the first priority in any divorce where children as involved. It’s reasonable to expect parents to put the best interests of their children before […]
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 […]
What is it and why is it needed? Children’s rights are protected internationally by the Geneva Declaration on the Rights of the Child, the United Nations Declaration on the Rights of the Child, the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, and they […]
What happens when a child wants to live with their other parent? What happens when a child of divorced parents expresses a preference to live with the (currently) non-custodial parent? As children grow, and their relationship with each parent develops, they may at some point decide they would like to go live with the other […]
When parents divorce or die, what rights do grandparents have towards their grandchildren? When couples with children divorce, there is understandably a focus on the arrangements made for the children. A lot of time and effort is spent on ensuring a fair division of care and contact between the parents. Unfortunately, the rights of grandparents […]
Addicted parents – balancing rights with responsibilities With every right comes a responsibility. In no sphere of life is this more true than when it comes to parenting. Do parents have a right to see their children? Yes, they do. But the rights and best interests of the child take precedence. There are circumstances in […]
New family court seeks to reduce domestic violence President Cyril Ramaphosa has repeatedly expressed his commitment to eradicating our “second pandemic” – gender-based violence, domestic violence and femicide. We recently wrote about the Domestic Violence Amendment Bill, which seeks to strengthen the existing provisions of the Domestic Violence Act, most notably by introducing a domestic […]
If you are a parent, here is how the proposed changes to the Children’s Act will affect you South Africa has some of the most progressive children’s legislation in the world. The Amendment Bill before Parliament strengthens protective measures for children even further and aims to close gaps in the child protection system. This article […]
