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From category archives: Legal Articles

Divorce & Family Law

Who gets parental rights and responsibilities for the child?

Often a big question for couples when they decide to get divorced is what happens with their children.

In this article we will look at what does “rights and responsibilities” mean and who has them.

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Interim Protection Orders explained by our Attorneys in Cape Town

Have you been the victim of verbal, physical or emotional abuse?

If so, there are steps you can take to protect yourself and your property from individuals who intend to cause you harm.

In terms of the Protection from Harassment Act one can approach the Magistrates Court to get protection in the form of an Interim Protection Order which protects individuals from harassment which is not considered a crime.

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Corporal punishment - Explained by our Attorneys in Cape Town

What is corporal punishment? It has been defined as “any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light” by the United Nations Committee.

A National Survey was conducted in which it was found that 57% of parents use corporal punishment as their chosen disciplinary method and 37% of those parents use objects such as belts, wooden spoons etc., to carry out their discipline.

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When Must You Consult The Family Advocate

You may consult the Family Advocate if you have a dispute relating to either the best interests of a child and/or parental responsibilities and rights.

There are also other circumstances under which the family advocate may be consulted...

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What Are Parental Rights And Responsibilities?

The rights and responsibilities of a parent is set out in the Children’s Act 38 of 2008 (the “Children’s Act”) and can be defined as a complex set of rights, duties and responsibilities which have to be performed in the best interest of the child. 

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Compensation For Fatal Holiday Resort Accident

Emily and Nathan were a happily married couple in their early thirties with two minor children. Emily was a stay at home mom and Nathan was the breadwinner of the family. The family decided to take a vacation in Sun City, which ended tragically when Nathan was fatally injured on a Valley of the Waves ride. 

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Can Surrogate Parents Get Maternity Leave

Alex and Ben are in love and decide to enter into a civil union on 31 October 2010 in terms of the Civil Union Act. Everything is going great and a year later they decide as a couple to enter into a surrogacy agreement with a surrogate mother in terms of which they shall have a baby.

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How To Apply For Spousal Maintenance

Maintenance is the obligation to provide another person, for example a minor, with housing, food, clothing, education and medical care, or with the means that are necessary for providing the person with these essentials. This legal duty to maintain is called ‘the duty to maintain’ or ‘the duty to support’.

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Adopting A Child In South Africa

Adoption is the legal act of permanently placing a child with a parent or parents other than the child’s birth mother or father. A legal adoption order ends the parental rights of the birth mother and father and hands over the parental rights and responsibilities to the adoptive parents.

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Annulment of a Marriage

Consent is an essential element of a valid marriage and the parties to a marriage must confirm before the marriage officer during a civil ceremony that they voluntarily consent to marry each other. There are certain circumstances where it can be said that consensus was not present, and this will be discussed below. 

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