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...
Family Law
Why couples reject mediation and the importance of mediation in divorce matters?
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...
Children attending therapy during divorce proceedings
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...
Are you expected to pay maintenance if prevented from seeing your child(ren)?
“I pay maintenance for my child religiously every month because I know the separation is not their fault. They deserve to be taken care of and their needs are my responsibility. What I cannot handle though is my ex preventing me from seeing my child despite me paying...
Adoption in South Africa: Who, what, when, why and how?
"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...
Who Has The Responsibility to Support a Child When Parents Can Not Afford To?
Parenthood automatically results in the obligation of a parent to support a child, this obligation is a common law duty that arises on the child’s birth and is also catered for in section 15(3)(a) of the Maintenance Act 99 of 1998 (hereinafter “the Maintenance Act”)....
Claiming maintenance for your child: A step-by-step guide through Maintenance Court
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...
The Rights of an Unmarried Father
The rights of an unmarried father is a topic that is rarely highlighted or talked about in day-to-day conversations. And so it is often unclear to a man who is not married to the mother of his children as to what his rights truly are. In this article we highlight what...
5 Reasons Why You Should Try To Agree On A Parenting Plan During Your Split
Raising children in the stressful modern age is no mean feat, even in circumstances where there is a stable and loving relationship between two parents. In cases where parents break up, whether they were married or not, feelings of love and intimacy are usually...





