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Living with a parent abroad is not always in the best interest of the child

The issue of determining the best interests of a child under the age of 18 is a common and contentious dispute among separated parents or those co-parenting. This issue has become more prevalent in South Africa due to the increasing number of South Africans relocating to different provinces or countries for employment opportunities. Disagreements often […]

Navigating the legal galaxy: Protecting the needs of minor children

The needs and requirements of minor children form a vast and intricate galaxy of concepts, governed by the legal framework established for the guardianship of these young individuals. In the context of South African law, a minor child’s guardian plays a pivotal role in ensuring their well-being and legal protection. According to the South African […]

Is it truly in the best interest of the child?

Section 28(2) of the Constitution of the Republic of South Africa, 1996 (“the Constitution”) states that a child’s best interests are of paramount importance in every matter concerning a child. Courts are thus mandated by the Constitution, which is the highest law in the land, to always give effect to what would be best for […]

Lockdown regulations for shared parenthood

On 23 March 2020, President Cyril Ramaphosa announced a nationwide 21-day lockdown, which was extended by a further two weeks on 9 April 2020. On 30 March 2020, Social Services Minister Lindiwe Zulu issued Directions in terms of Regulation 10(5) of the Regulations made under Section 27(2) of the Disaster Management Act 57 of 2002: […]

The difficulties in relocating a child of divorced parents

I have divorced my husband and I am now the primary caregiver of our minor child. I received a job offer in another country and I would really like to accept it. My ex-husband and father of my minor child won’t consent to the relocation of our minor child. Will I get permission from the […]

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