Podcast
Questions and Answers
What are the two exceptions to the general rule of co-exercise of parental responsibilities and rights?
What are the two exceptions to the general rule of co-exercise of parental responsibilities and rights?
What are the major decisions that require the consent of all guardians?
What are the major decisions that require the consent of all guardians?
What happens if a co-holder acts in contravention of a court order and refuses another co-holder the opportunity to exercise their rights?
What happens if a co-holder acts in contravention of a court order and refuses another co-holder the opportunity to exercise their rights?
According to the Divorce Act 70 of 1979, what is the overriding principle in making orders related to the child's interests?
According to the Divorce Act 70 of 1979, what is the overriding principle in making orders related to the child's interests?
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Under what circumstances should the Family Advocate institute an enquiry, according to Van Vuuren v Van Vuuren?
Under what circumstances should the Family Advocate institute an enquiry, according to Van Vuuren v Van Vuuren?
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Which factors are considered relevant in determining the child's best interests, according to the Children's Act?
Which factors are considered relevant in determining the child's best interests, according to the Children's Act?
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In contact orders, what role do sexual preferences play according to the cases Van Rooyen v Van Rooyen and V v V?
In contact orders, what role do sexual preferences play according to the cases Van Rooyen v Van Rooyen and V v V?
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Study Notes
Exceptions to Co-Exercise of Parental Responsibilities and Rights
- Guardianship of a child born out of wedlock, where the biological father does not have automatic parental rights and responsibilities
- High Court's discretion to award sole guardianship to one parent, usually in cases of high conflict or where one parent is unfit
Major Decisions Requiring Consent of All Guardians
- Major medical decisions, including surgical interventions
- Education and school enrollment
- Relocation to a different residence or country
- Change of surname or first names
Consequences of Contravening a Court Order
- A co-holder who acts in contravention of a court order and refuses another co-holder the opportunity to exercise their rights may face contempt of court proceedings
Overriding Principle in Making Orders Related to the Child's Interests
- According to the Divorce Act 70 of 1979, the overriding principle is the best interests of the child
Circumstances for the Family Advocate to Institute an Enquiry
- Allegations of child abuse or neglect, according to Van Vuuren v Van Vuuren
Factors Considered in Determining the Child's Best Interests
- Age, sex, and background of the child
- The child's physical and emotional needs
- The child's existing relationships with both parents, siblings, and other caregivers
- Any history of family violence or abuse
Role of Sexual Preferences in Contact Orders
- According to the cases Van Rooyen v Van Rooyen and V v V, sexual preferences are not a relevant factor in determining contact orders, unless they directly impact the child's well-being
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Description
Test your knowledge on the Law of Parent and Child with this quiz! Explore topics such as definition and constitutional protection, sources, terminology, content of PR & R, acquisition and exercise of PR & R, termination, and maintenance. Discover the general rule of co-exercise of PR & R and the exceptions to this rule. Challenge yourself and deepen your understanding of this important area of law.
