Introduction In the context of late-in-life divorces, it is uncommon to have children under the age of 18, who are typically governed by the Children’s Act. However, many divorcing couples still have major dependent children—those over 18 years of age—who may be...
Introduction Spousal maintenance is a critical aspect of divorce settlements, particularly in late-in-life divorces. As individuals approach retirement or are already retired, their earning potential may be limited, and the financial dependence on a spouse can be...
Explore the impact of the Hague Convention on the Civil Aspects of International Child Abduction within South African law, highlighting key cases, regulations, and judicial interpretations that shape its application. Understand the role of the Central Authority and the importance of international cooperation in safeguarding children’s rights.
Learn about the procedural steps under the Hague Convention for securing the return of wrongfully removed or retained children. This overview covers the roles of Central Authorities, the submission of applications, and the cooperation between contracting states to ensure prompt and effective resolutions.
Explore the purpose of the Hague Convention as defined in Article 1 and elucidated by the Constitutional Court in the case of Ad Hoc Central Authority for the Republic of SA and Another v Koch N.O. and Another. Understand its objectives to ensure the prompt return of wrongfully removed or retained children and respect for custody rights across Contracting States. Learn about the discretionary factors under Article 13 and key principles essential for family law professionals.
Explore pivotal rulings from South African courts, including cases on foster child support, deceased estate obligations, child relocation, care and contact assessments, and representation in family trust disputes. Understand how the courts prioritize the best interests of children in diverse legal contexts.
Explore the complexities of parental rights and responsibilities in cases involving gamete donors under the Children’s Act 38 of 2005. This blog discusses a recent case where a lesbian couple and a sperm donor disputed the extent of his parental role, highlighting legal definitions and the best interests of the child.
Explore the case of Central Authority for RSA v DM [2024] ZAWCHC 170, where the court examined the concept of habitual residence in an international child abduction dispute under the Hague Convention. Learn about the critical factors considered, including mutual intent to relocate, jurisdictional facts, and the children’s preferences.
Explore the legal intricacies of the Central Authority v NM [2024] case, which addresses international child abduction under the Hague Convention, focusing on habitual residence, wrongful retention, and defenses against child return.
