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Showing posts from August, 2018

Who are guardians and what does guardianship entail?

Guardianship is a parental right and responsibility that a biological parent has with regards to his/her child.   It is, amongst others, set out in Section 18 of the Children’s Act, 38 of 2005 (“the Act”).   What is important to note here, is that a person can also be awarded guardianship over a child other than his/her own, by the high court of competent jurisdiction. In South Africa, a child becomes an adult when he/she turns 18.   Prior to that date, the person/s who have full parental responsibilities and rights in respect of that child, and in particular guardianship, must make legal decisions on the child’s behalf.   So, in other words, guardianship is the right and responsibility to make legal decisions for your child or for the child for which you have been appointed as guardian.     A biological mother, whether married or unmarried, automatically has full parental responsibilities and rights in respect of her child.   But , if the mother of a child is a minor herself (you
WHY PROFESSIONAL LEGAL ASSISTANCE IS ESSENTIAL  IN FAMILY DISPUTES Do you find yourself in a dilemma on whether or not to obtain professional legal assistance or try to personally ride out the wave of a dispute you may have? It may be that you want a divorce, that you want to acquire parental responsibilities and rights towards your biological child/children or a maintenance dispute you’re having with your ex-spouse. People often want to wait too long to consult a legal professional. The most common reason for that being that ‘lawyers are costly’ and that in some instances tend to worsen family relations. While the reasoning may hold some truth, here is why we think it is always best to consult a legal professional the moment a clear dispute arises. Reference will be made to family disputes to which our legal practice has a vast amount of experience and some of the most renowned lawyers in the field.  Where the other party has legal assistance It is advisable that when your sp