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Child Rights

Advice, guidance and support in respect of child rights, including protection, maintenance, custody, adoptions, surrogacy, legal representation, mediation, negotiation, investigations, drafting of documentation and agreements, initiation of proceedings and all other matters relating to child rights.

Team
Insights

Charmaine Walker

Director, Dispute Resolution, Family Law and Collections

PROFILE

Steyn Jooste

Director, Litigation & Family Law

PROFILE

Charmaine Walker

Director, Dispute Resolution, Family Law and Collections

PROFILE

Steyn Jooste

Director, Litigation & Family Law

PROFILE

New guidelines set for surrogacy

14 June 2022

Acting as a surrogate is a selfless and generous act towards parents who cannot conceive their own child. But what... about existing children of a surrogate mother and the impact surrogacy may have on them? Should this not also be considered?

690

Article

Constitutional Court confirms Department had no duty of care for faulty swing

14 June 2022

In a saga that has traversed the Western Cape High Court, Supreme Court of Appeal and eventually the Constitutional Court,... the Constitutional Court has now finally confirmed the position of Government in respect of its responsibility for the safety of Early Childhood Development (ECD) centres.

621

Article

Can the proceeds of a sale of property be used to settle arrear maintenance?

19 May 2022

Maintenance is an emotive issue for many South Africans. On the one hand there is the need of the primary... caregiver for the financial assistance maintenance provides, and on the other the financial issues of the spouse required to pay maintenance. So how far does the obligation to pay maintenance stretch and can a spouse even lay claim to the proce

663

Article

Appeal Court settles debate on when you can claim arrear maintenance

13 April 2022

A friend of yours has been divorced for a few years now. Her ex was supposed to pay maintenance, but... it wasn’t long before he started paying less and less and then eventually stopped. Your friend was just too fearful of conflict to do anything about it and continued to raise her kids by herself. Now however, money is tight and she is wonderin

568

Article

Can an unmarried father register a child under his surname?

15 November 2021

I’m the father of a newborn daughter. The mother, to whom I’m not married, disappeared immediately after birth leaving me... as sole parent of my daughter. Because I don’t know where the mother is I cannot get the mother’s consent. Without this consent Home Affairs does not want to register my daughter under my surname. I have

573

Article

Can adopted children benefit from a family trust?

14 June 2021

Sometime before his death, my father established a family trust which contained properties that were rented out to generate income... for my mother. In accordance with the trust deed however, once my mother dies, the income from the properties would go to the children of my mother and father. I have an adopted brother and 2 biological sisters. There i

799

Article

New guidelines set for surrogacy

14 June 2022

690

Article

Can the proceeds of a sale of property be used to settle arrear maintenance?

19 May 2022

663

Article

Appeal Court settles debate on when you can claim arrear maintenance

13 April 2022

568

Article

Can an unmarried father register a child under his surname?

15 November 2021

573

Article

Can adopted children benefit from a family trust?

14 June 2021

799

Article

When do maintenance obligations prescribe?

20 May 2021

My ex-husband has for some time now not paid his maintenance as per the court order. Because I had a... job and was earning a basic income, I just left it as I didn’t want the hassle of trying to get him to pay. Now I’ve been retrenched and have asked him to pay his outstanding maintenance, but he refuses and says his attorney told him that his obligation to pay has prescribed. Surely this can’t be right?

762

Article