Podcast
Questions and Answers
What orders can the court make for minors in a divorce case?
What orders can the court make for minors in a divorce case?
What is the overriding consideration for the court when granting a decree of divorce?
What is the overriding consideration for the court when granting a decree of divorce?
Under what circumstances should the family advocate institute an enquiry according to the Act?
Under what circumstances should the family advocate institute an enquiry according to the Act?
According to the Law of Parent and Child, what factors are considered when determining the size of a maintenance claim for a child?
According to the Law of Parent and Child, what factors are considered when determining the size of a maintenance claim for a child?
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What can be done if a person responsible for paying maintenance does not do so voluntarily?
What can be done if a person responsible for paying maintenance does not do so voluntarily?
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When does the duty of support for a child automatically end?
When does the duty of support for a child automatically end?
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Under which circumstances can the court terminate parental responsibilities and rights?
Under which circumstances can the court terminate parental responsibilities and rights?
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What are the common law powers of the court regarding parental responsibilities and rights?
What are the common law powers of the court regarding parental responsibilities and rights?
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When does parental responsibility and rights terminate automatically?
When does parental responsibility and rights terminate automatically?
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Which legislation authorizes the court to make any order it deems fit regarding care, contact, or guardianship of a child?
Which legislation authorizes the court to make any order it deems fit regarding care, contact, or guardianship of a child?
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Who has the responsibility to maintain a child?
Who has the responsibility to maintain a child?
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When does the duty of parents to maintain their children end?
When does the duty of parents to maintain their children end?
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Who has the priority of maintenance liability within the family?
Who has the priority of maintenance liability within the family?
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Who is obligated to maintain a child born out of wedlock?
Who is obligated to maintain a child born out of wedlock?
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Which method of dispute resolution is considered more appropriate in child custody cases in South Africa?
Which method of dispute resolution is considered more appropriate in child custody cases in South Africa?
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What is the purpose of the Family Resolution Bill being finalized by the South African Law Reform Commission?
What is the purpose of the Family Resolution Bill being finalized by the South African Law Reform Commission?
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What factor does the court consider when making decisions about custody arrangements in South Africa?
What factor does the court consider when making decisions about custody arrangements in South Africa?
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When should the child's preference be taken into account in child custody cases in South Africa?
When should the child's preference be taken into account in child custody cases in South Africa?
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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.