Immigration and relocation: What are your rights?
The news that your former spouse intends to emigrate, taking your children with them, is devastating. What are your rights in this difficult situation? In South Africa, all legislation related to the contact you, as a divorced parent, enjoy with your child (previously known as ‘access’) is contained in the Children’s Act of 2005. It outlines all your responsibilities in terms of caring for your child, having contact with them, maintenance and guardianship. An outstanding feature of this act is that it has been carefully formulated to look at these issues from the child’s point of view. In...
Read MoreThe Children’s Act
Safeguarding Children’s Rights Through Divorce – by Gillian Lowndes, attorney specialising in family law In the South African Constitution, the Children’s Act of 2005, entrenches children’s rights to family or parental care, and also ensures that a child’s best interests are of paramount importance. Consequently, parents have a statutory duty to ensure that, in concluding parenting plans around an impending divorce, their children’s best wishes are treated as being of the utmost importance and central to all issues pertaining to their parenting. Under the Children’s Act, the law prescribes...
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