Child Custody in South Africa

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Questions and Answers

What orders can the court make for minors in a divorce case?

Custody order and guardianship order

Access order and maintenance order

Custody order and access order (correct)

Guardianship order and maintenance order

What is the overriding consideration for the court when granting a decree of divorce?

The provisions made for the welfare of the children

The best interest of the children (correct)

The satisfaction of the parties involved

The recommendations of the family advocate

Under what circumstances should the family advocate institute an enquiry according to the Act?

When there are serious problems with contact (correct)

When the court requests an enquiry

When the parties involved request an enquiry

When the family advocate recommends an enquiry

According to the Law of Parent and Child, what factors are considered when determining the size of a maintenance claim for a child?

Financial capacity of parents or persons liable for maintenance Signup and view all the answers

What can be done if a person responsible for paying maintenance does not do so voluntarily?

A court order can be obtained to enforce payment Signup and view all the answers

When does the duty of support for a child automatically end?

When the child becomes self-supporting Signup and view all the answers

Under which circumstances can the court terminate parental responsibilities and rights?

When the child is involved in domestic violence Signup and view all the answers

What are the common law powers of the court regarding parental responsibilities and rights?

The court has wide discretion and power to make decisions in the best interest of the child Signup and view all the answers

When does parental responsibility and rights terminate automatically?

When the child reaches adulthood Signup and view all the answers

Which legislation authorizes the court to make any order it deems fit regarding care, contact, or guardianship of a child?

The Matrimonial Affairs Act 37 of 1953 Signup and view all the answers

Who has the responsibility to maintain a child?

Any person acting in loco parentis Signup and view all the answers

When does the duty of parents to maintain their children end?

When the child no longer needs maintenance Signup and view all the answers

Who has the priority of maintenance liability within the family?

Maternal and paternal grandparents Signup and view all the answers

Who is obligated to maintain a child born out of wedlock?

Both mothers and fathers family Signup and view all the answers

Which method of dispute resolution is considered more appropriate in child custody cases in South Africa?

Mediation Signup and view all the answers

What is the purpose of the Family Resolution Bill being finalized by the South African Law Reform Commission?

To give voice to all parties involved in child custody cases Signup and view all the answers

What factor does the court consider when making decisions about custody arrangements in South Africa?

The child's gender Signup and view all the answers

When should the child's preference be taken into account in child custody cases in South Africa?

If the child is emotionally mature and intelligent Signup and view all the answers

Study Notes

Factors Considered in Child Custody Cases in South Africa

The family Advocate's report should contain balanced recommendations and should not take sides or be prescriptive to the court.
Mediation is a more appropriate method of dispute resolution in child custody cases.
The South African Law Reform Commission is finalizing legislation to provide for a Family Resolution Bill, which aims to allow voices to be heard and reduce costs in child custody cases.
The (re)assignment of parental responsibilities and rights at divorce is in the best interest of the children.
The concept of "mothering" is indicative of a function rather than a persona, and is not necessarily exclusive to the biological mother.
The court may consider the desirability of keeping siblings together in child custody cases.
The court should take into account the child's gender when making decisions about custody arrangements.
The child's preference should be taken into account if the court is satisfied with their emotional maturity and intellect.
The parent who is not the primary caregiver has a right to reasonable contact with the children.
The court may limit a homosexual parent's right to contact in detailed terms, but this has been criticized as constitutionally untenable.
The court should not be concerned with the sexual preferences of parties involved in child custody cases, unless it poses a threat to the welfare of the child.
The best interest principle should take precedence over the right of the parent not to be discriminated against based on their sexual orientation.

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Description

Test your knowledge on the factors considered in child custody cases in South Africa. Explore important aspects such as the role of the family Advocate, the use of mediation, upcoming legislation, the best interests of the child, sibling relationships, the child's preference, parental rights, and the impact of sexual orientation on custody decisions. Gain a comprehensive understanding of the legal framework surrounding child custody in South Africa.