Safeguarding children’s rights during divorce
Safeguarding children’s rights during divorce Divorce and the resulting challenges regarding child custody and the responsibilities of parents can be an ugly and difficult process. This is especially true of the children whose emotional and physical wellbeing would have to be taken into account during the entire process. However, the office of the Family Advocate […]
Why is it important to deal with collation in your will?
The South Africa common law presumption of collation (collatio bonorum) is alive and well. This presumption is rooted in the belief that a testator intended that there should be equality in the distribution of his estate among his descendants (“children”). Collation is the process by which the inheritance of certain descendants (heirs)of the deceased is […]
Can I avoid a drawn-out legal battle when I get divorced?
Normal procedure in an opposed divorce: Divorce proceedings can lead to a long, drawn-out and very expensive procedure if the parties are not able to reach a settlement before going to trial. Once the plaintiff issues a summons for divorce and the summons has been served on the defendant, the defendant has ten days to […]
Spanking your child is illegal in South Africa
The South Gauteng High Court ruled that the common law defence of reasonable chastisement is not in line with the Constitution and no longer applies in our law. This means disciplining your child in the form of a spanking is no longer considered legal within South Africa. How did it come to this? It has […]
HIV-testing for Children
The Children’s Act provides that children cannot simply be tested for HIV, and that their status be held confidential A child cannot merely be tested for HIV; a valid reason must be given in order to protect the child from being unnecessarily tested, potentially causing emotional or physical harm. According to the Children’s Act, no child […]
What happens if I die without a will?
Attorneys often emphasise the fact that you should have a will drawn up and revise it regularly in order to facilitate the administration of your possessions after your death. Many people still neglect to do this. The problem is that, should a person die without leaving a valid will, in other words intestate, his/her estate […]
Safeguarding children’s rights during divorce
Divorce and the resulting challenges regarding child custody and the responsibilities of parents can be an ugly and difficult process. This is especially true of the children whose emotional and physical wellbeing would have to be taken into account during the entire process. However, the office of the Family Advocate offers an efficient and free […]
The ABC of the adoption of children
Section 229 of the Children’s Act states that the purpose of the adoption procedure is to protect and nurture children in a safe, healthy environment with positive support, and to promote the goals of permanency planning by connecting children to other safe and nurturing family relationships intended to last a lifetime. When can a child […]