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Family Advocate Articles

Understanding the Impact of Children’s Amendment Act 17 of 2022

The Legislative Shift: Guardianship and the Children’s Court The Children’s Amendment Act 17 of 2022 stands as a landmark shift in South African family law, significantly amending the Children’s Act 38 of 2005. This change introduces the jurisdiction of Children’s...

Termination of Parental Responsibilities and Rights: Understanding Section 28 of the Children’s Act

When a parent's ability to provide a safe and nurturing environment for a child is called into question, the law allows for the termination of parental responsibilities and rights. In South Africa, this process is regulated by Section 28 of the Children's Act. In this...

Setting Aside a Will: Five Things to Do When Faced With an Invalid Will

Have you recently come across a will that you believe is invalid? If so, you may be wondering what your options are and what steps you need to take to challenge its validity. In this blog, we will discuss the process of setting aside wills and provide you with five...

5 Important Reasons You Should Have a Parenting Plan After Divorce

Divorce can be a difficult process, especially when children are involved. One of the most important things to consider when going through a divorce is creating a parenting plan. In South Africa, a parenting plan is required by law for any couple with children who are...
Good news for parents of minor children during the lockdown – Regulations Published 16 April 2020

Good news for parents of minor children during the lockdown – Regulations Published 16 April 2020

“My name is Sandra. My husband and I recently instituted divorce proceedings and are still awaiting the endorsement of our Settlement Agreement with regards to the care of our minor children by the Family Advocate. This means that during the lockdown period, we do not have a court order in place governing the arrangement of our minor children, nor do we have a Parenting Place in place that is registered with the Family Advocate to allow us to move the minor children between him and I. What do the regulations in your latest article mean for us? My ex-husband and I would both love to see our children during this lockdown and cannot continue this way. Please advise and thank you for your help!

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What happens to the contact rights with my child(ren) during the Coronavirus country wide lockdown

What happens to the contact rights with my child(ren) during the Coronavirus country wide lockdown

“My name is Paul. My wife and I are divorced, and we have a shared residency regime with our minor child. President Ramaphosa announced the country wide lockdown from the 26th of March 2020 until the 16th of April 2020. I read your previous article about contact rights during the Coronavirus lockdown, but I was wondering if the government has released any regulations to govern this position? How do we continue to share contact with our child during this time? Can I drive to her place to see and fetch my child when it is my days to spend time with him? I am really confused about what is legal to do? Are there are regulations that have been released yet? Please help! I miss my son but I don’t want to be in trouble with the law”

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Claim for Emergency Monetary Relief

A claim for Emergency Monetary Relief in the Domestic Violence Court. The Domestic Violence Act 118 of 1998 came into operation aimed at alleviating the prominence of domestic violence experienced by woman and children in South Africa. The act provides a remedy to...

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Parental Responsibilities and Rights Agreement vs a Parenting Plan

Parental Responsibilities and Rights Agreement vs a Parenting Plan

Parental Responsibilities and Rights Agreement vs a Parenting Plan

Most people have throughout their life heard of a Parenting Plan, had one drafted for their own children, or heard about a family member having one for their children. However, very few people, in fact, a very small percentage of people have heard about a Parental Responsibilities and Rights Agreement. Most people are not even aware that such an agreement exists. For those who do know about such an agreement, they often confuse it with a Parenting Plan. This article serves to explain what a Parental Responsibilities and Rights Agreement is, what a Parenting Plan, the difference between such two agreements and the main similarities between them.

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Family Mediation

Family Mediation

Family Mediation – 3 reasons why it’s the best route when there are children involved Divorces are rarely easy and tend to be more difficult when there are children involved. At the end of the day, everyone wants the same outcome – to be able to move past a difficult...

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