Rights of a foreign parent with a child as a citizen of South Africa
A foreigner’s immigration status is determined by the relevant visa or permanent residence permit and the rights and obligations related to it, as granted to them in terms of the Act. Applications were consolidated and brought in the Western Cape High Court, seeking orders declaring the Act or certain sections thereof to be inconsistent with […]
Grandparents’ rights over their grandchildren
There can be no doubt that grandparents, more often than not, are intimately involved in their grandchildren’s lives and upbringing, and they provide care. But what happens when they are denied access to and contact with their grandchildren? Despite the generally recognised importance of the role grandparents play in the lives of many children, not […]
Why should I pay maintenance if I am not allowed to see my child?
Upon the birth of a child, both parents automatically have a duty to support that child. The fact that the child is born to married or unmarried parents is irrelevant. The duty is apportioned between the parents according to their respective means. S 15(1) of the Maintenance Act states that a court order for the […]
How are maintenance orders granted during a divorce?
The court may grant an order that one party should pay the other party spousal maintenance during and after divorce proceedings. Whether a spouse is entitled to receive spousal maintenance rests in the hands of the court and is regulated by section 7 of the Divorce Act 70 of 1979. The parties can opt to settle […]
The validity of an Antenuptial Contract
John and Susan are getting married on the 5th of October 1993. They have chosen to get married by way of an Antenuptial Contract. John and Susan signed the contract on the 3rd of October 1993 in front of their attorney who had a Power of Attorney on their behalf to sign in front of a Notary, as […]
The legal duty of a grandparent to maintain a grandchild
By operation of law, the liability to maintain someone is based on three factors: firstly, the claimant’s inability to support himself or herself; secondly, his or her relationship to the person from whom he or she claims support; and thirdly, the latter’s ability to provide support. The common law and the Children’s Act recognise that parents are […]
Paternity leave for men
From January 2019, working South African men are entitled to 10 days of paternity leave after the birth of their child. The Labour Amendment Act also includes provisions for 10 weeks of parental adoption leave if the baby is under the age of two years (this applies to only one of the parents) and surrogacy […]