Prior to the Children’s Act 38 of 2005 (“the Act”) the term ‘best interest of the minor child’ was a non-defined term, the meaning of which had to be traced through various case law. Section 7 of the Act however now defines the best interest standard which must be considered when any matter pertaining to minor children are considered.
Thinking of the legal consequences of your marriage when planning your wedding might be the last thing on most people’s mind however, it has such an important impact on your marriage and your future as husband and wife. It is important to understand the different marriage property regimes to determine which one best suits your future life together. South African marriage property regimes are regulated by the Matrimonial Property Act 88 of 1984.
Met die onlangse nuus wat spesifieke aandag bring aan die saak van Crimen Iniuria (Busisiwe Mkhwebane wat 'n saak van crimen iniuria teen die minister van vervoer, Fikile Mbalula aanbring), is dit belangrik om te verstaan wat hierdie vreemde Latynse woorde beteken en wanneer 'n persoon sulke saak teen iemand kan bring.
Crimen Iniuria is teenwoordig wanneer daar ‘n wederregtelike, ernstige en opsetlike aantasting van die waardigheid van ‘n ander persoon plaasvind.
The Children’s Act 38 of 2005 (“the Act”) sets out the parental rights and responsibilities that a person can have in respect of a child.
If more than one person is a legal guardian of a child then, except for specific instances or if a court directs otherwise, each guardian can exercise his/her rights and responsibilities independently and without the consent of the other guardian.
Engagements are a happy and celebratory time where two people state their intention and commitment to marry one another. But did you know that this solemn declaration can have legal implications?
In the recent case of Churchill v Premier, Mpumalanga (889/2019) [2021] ZASCA the Supreme Court of Appeal found that an employer is not protected from a civil claim from an employee when the employer fails to take necessary and appropriate steps to protect non-participating employees during protest action.
In South Africa, a parental coordinator (PC) is typically involved in high-conflict disputes regarding parental rights of minor children. The parental coordinator’s role is to facilitate communication and cooperation between parents, focusing on the best interests of the children.
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