Our Lawyer (Pty) Ltd
Thank you for visiting the website of Our Lawyer (Pty) Ltd. We are a legal advice consultancy advising our clients on various family law related issues. Our website hosts over 300 informative web pages and currently has more than 3000 legal questions and answers on various legal issues. The numbers keep growing. Feel free to browse through our website to learn more about the law and to find solutions to your legal problems. You are also welcome to post a question on any of our blogs. Click or tap here to view our recent legal articles. We are looking forward to engaging with you.
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Care and Contact Rights to Minor Children
Parents do not always agree on what is best for their minor children. These issues relate to where the child should primarily reside, or how a parent should exercise contact with the child. Unfortunately, these issues are sometimes only resolved through the law.
Both parents have a legal obligation to maintain their child. However, it sometimes happens where a parent does not do so in a reasonable manner. The parent may not pay adequate maintenance or no maintenance at all. On the other hand, some parents demand maintenance which is not reasonable.
A child has a right to have both parents in his or her life. This is not only a right but also in the child’s best interests. Parents should, therefore, put their personal issues aside and work towards ensuring the child’s interest are upheld when it comes to contact and care. However, sometimes this is not possible, and the law needs to step in. Parents may first consider mediation. However, if this fails, the courts may have to be approached.
Divorcing your spouse is not easy. But sometimes it is necessary. We doubt a couple imagined getting divorced the day they said: “I do”. Although separation and divorces are unfortunate, it does not mean it has to be emotionally draining as well. Issues regarding the children, property and so on should be rationally resolved. Many times, divorces are amicable and finalised speedily with the co-operation of both parties. However, that is not always the case.
Domestic violence comes in many forms. From emotional and psychological, to physical and economical. No one should be a victim of domestic violence. If you are a victim, the law is there to protect you with a protection order. This you obtain from the Domestic Violence Court. We strongly suggest you do not delay in obtaining such an order.
When parents experience difficulties in exercising their parental responsibilities and rights, they should try to agree on a parenting plan. This they should do before approaching the court. With the assistance of a social worker, psychologist or suitably qualified person, the parents can come to a parenting agreement that is in the child’s best interest and one that is workable.
Minor Child Passport Application Consent
Parents often travel overseas, and sometimes want to take their child with them. If parents are separated, they sometimes disagree on the issue of their child obtaining a passport. As the law stands, both parents who are holders of parental responsibilities and rights of guardianship should give consent for a minor child’s application for a passport. The child has a constitutional right to it. When parents cannot agree on the issue of consent, the law would have to come in.
Minor Child Relocation Application Consent
Parents often want to relocate to another country. This they wish to do for various reasons. It could be for a better job, a better school for their children, or to marry someone overseas and move over there. If the relocation involves a minor child, then the consent of both parents is required for the relocation. This does not only apply to relocation but also when the minor child leaves the Republic for visits. If both parents do not consent, then the minor child cannot leave the country either to relocate or to visit.
Disputes in family law matters are not rare. In some situations, disputes are inevitable. An example would be where both parents want to have custody over a minor child. Or the parents cannot agree on the child maintenance amount. Whatever the dispute, it is advisable that it gets resolved as soon as possible and out of court. This they can do via a settlement agreement. If they need to approach the court, it should only be to have the settlement agreement made an order of the court.
