Category Archives: Childrens Rights

Mothers Who Don’t Have Custody/Primary Residence

Posted by: Nicci Coertze About Mothers Who Don’t Have Custody/Primary Residence: Without going into too much personal detail, there is something weighing heavy on my heart that I would like to share with you. After yet another awkward exchange, I decided … Continue reading

Posted in Childrens Rights, Divorce, Family Law, General | Comments Off on Mothers Who Don’t Have Custody/Primary Residence

Removal of children with and without a court order

The below is almost directly from Chapter 9 of the CHILDREN’S ACT 38 OF 2005 (1) A child is in need of care and protection if, the child- (a)has been abandoned or orphaned and is without any visible means of … Continue reading

Posted in Childrens Rights, Family Law | Comments Off on Removal of children with and without a court order

The right to see your grandchildren.

Parents, you may not refuse contact of your children by the grandparents, without good reason. In so far as grandparents’ rights and responsibilities are concerned, Sections 23 and 24 of the Children’s Act, which govern non parental rights to care … Continue reading

Posted in Childrens Rights, Family Law | Comments Off on The right to see your grandchildren.

Can a child decide with which parent they want to live?

It is a fact in our law that a minor under the of 18  is not allowed to have any legal rights without the authorisation of a parent or legal guardian unless they have been emancipated. It is a misleading … Continue reading

Posted in Childrens Rights, Family Law | Comments Off on Can a child decide with which parent they want to live?

Is taking naked pictures of your child illegal?

The question comes up regularly weather it is illegal to take nude pictures of your children. Let us look at the whole perspective of this, in context. Recently The National Prosecuting Authority warned that “any image of a naked child … Continue reading

Posted in Childrens Rights, Criminal Law, Family Law | Comments Off on Is taking naked pictures of your child illegal?

Spouses that refuse the other spouse contact with their children.

Access is the right of visitation to children by parents who are not living with them. Sometimes it is forgotten that the child also has this right – the right to see, and be with, both of his or her … Continue reading

Posted in Childrens Rights, Family Law | Comments Off on Spouses that refuse the other spouse contact with their children.

When your child doesn’t want to visit their other parent

In some cases, children will refuse to leave to be with the noncustodial parent. Here are some reasons why this might happen: A parent is not tuned in to the children’s interests or is not actively involved with the children … Continue reading

Posted in Childrens Rights, Family Law | Comments Off on When your child doesn’t want to visit their other parent

Orders children’s court may make

By Hilda Lourens on Saturday, August 23, 2014 at 8:38pm Orders children’s court may make46. (1) An children’s court may make the following orders: (a)An alternative care order, which includes ‘n order placing a child- (i) in the care of … Continue reading

Posted in Childrens Rights, Family Law | Comments Off on Orders children’s court may make

ADOPTION ( Extract from No.28944GOVERNMENT GAZETTE, 19 JUNE 2006 110 Act No. 38, CHILDREN’S ACT, 2005)

By Hilda Lourens on Monday, June 2, 2014 at 6:47am Adoption228. A child is adopted if the child has been placed in the permanent care of a person in terms of a court order that has the effects contemplated in … Continue reading

Posted in Childrens Rights, Family Law | Comments Off on ADOPTION ( Extract from No.28944GOVERNMENT GAZETTE, 19 JUNE 2006 110 Act No. 38, CHILDREN’S ACT, 2005)

REPORTING OF ABUSED OR NEGLECTED CHILD AND CHILD IN NEED OF CARE AND PROTECTION

By Hilda Lourens on Wednesday, May 28, 2014 at 9:58am 46 No. 30884 GOVERNMENT GAZETTE. 18 MARCH 2008 Act No. 41, 2007 CHILDREN’S AMENDMENT ACT, 2007  REPORTING OF ABUSED OR NEGLECTED CHILD AND CHILD IN NEED OF CARE AND PROTECTION … Continue reading

Posted in Childrens Rights, Family Law | Comments Off on REPORTING OF ABUSED OR NEGLECTED CHILD AND CHILD IN NEED OF CARE AND PROTECTION