At the outset of this article "How To Enforce a Maintenance Order", it should be noted that failure to pay maintenance when the court has ordered payment, is a criminal offence and one may be jailed for failure to pay maintenance. Enforcement of maintenance orders is...
Introduction In a society where divorce and children born out of wedlock are prevalent, our law must play a role in order to ensure that children’s rights and interests are protected. When parents are at odds relating all other aspects of the relationship, they also...
Subject to the defence that failure to make a payment in terms of a maintenance order is due to lack of means, a person who fails to make payment in accordance with a maintenance order is guilty of contempt of a Court Order and may suffer one or more of the following...
Mediation is a very important tool during divorce proceedings. Not only can mediation result in less trauma, but children can also benefit greatly from it. Many legal practitioners encourage their clients to attend mediation before resorting to litigation, however...
Major decisions involving children: Consent by the respective parents to children attending therapy during divorce proceedings Many parents, during the divorce proceedings between them and their spouse, notice the effect such divorce has on their children and...
"Born not from our flesh, but born in our hearts, you were longed for and wanted and loved from the start. This quote is the perfect wording to describe adoption. Adopting a child can be a very joyful experience for a family, however without understanding the process...
Section 18 of the Children’s Act, 38 of 2005 places the responsibility on the parents of a child to contribute to the maintenance of the child. This article endeavours in setting out the process of claiming the maintenance your child is entitled to at Maintenance...
A “Family Advocate” is often something parents come across when facing separation, married or unmarried, when they have a dispute over who the care, contact and access of the child or children, will belong to. However, very few parents understand the role, function...
A divorce can be stressful and very complicated so we have highlighted some Divorce Frequently Asked Questions What is Divorce? A Divorce is the dissolution of a marriage by means of an Order of Court. In other words, divorce brings a marriage relationship to an end....
