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Family Law

Do you need advice regarding your maintenance, child support, access to your child or anything else within the broad category of Family Law? If so, ask a qualified Lawyer to assist you with your question today?

Child Maintenance in Arrears? The Contempt of Court Enforcement Option

By Ashersons Attorneys Published on Wednesday, 09 May 2018
Family Law Litigation
Our law, in protecting the interests of children in particular, provides you with an array of options when it comes to enforcing payment of maintenance orders.  One of them is to ask the court to jail the defaulter for “contempt of court”.

Delinquent dad faces jail in maintenance case

By Juta and Company (Pty) Ltd Published on Monday, 07 May 2018
Criminal Law Family Law Litigation
In a landmark case, a businessman has been convicted of failing to pay more than R1m in spousal and child maintenance from August 2012 – when the couple divorced – to May 2016 when his ex-wife laid charges against him, notes a Sunday Times report.

Couple stymied by ruling on SA 'acceptance'

By Juta and Company (Pty) Ltd Published on Monday, 30 April 2018
Family Law Immigration Law Litigation
Briton James Tomlinson, a permanent resident in SA, and his wife, Sarah Nandutu, a Ugandan citizen, have won – and lost – in their Western Cape High Court Home battle with Home Affairs Minister Malusi Gigaba. While their son, Joshua, will finally have the birth certificate they needed, they failed to convince the court to amend immigration regulations that have prevented them from living as a family.

Customary law failing costs man right to bury partner

Failure to follow customs to the letter when marrying his partner has cost a Soweto man the right to bury her. The Mercury reports Leonard Khosa was interdicted by the Gauteng High Court (Johannesburg) yesterday from burying Ayanda Zulu, for whom he completed paying lobolo in 2014.

'Nine lawyers, one argument' on Muslim marriages

The Women's Legal Centre on Friday upset lawyers in the Western Cape High Court when it pointed out that nine counsel had been appointed by the state to argue the organisation's application for the recognition of Muslim marriages, and all nine had advanced the same argument.

Muslim marriage legality ‘a matter for Parliament’

By Juta and Company (Pty) Ltd Published on Thursday, 19 April 2018
Family Law Litigation
Western Cape High Court Judge Siraj Desai has noted the Muslim Judicial Council’s backing of an application by the Women’s Legal Centre for the recognition of Muslim marriages infers that it realises there is an issue, says a report in The Witness.

Father loses house over maintenance payment defaults

By Juta and Company (Pty) Ltd Published on Friday, 02 March 2018
Constitutional Law Family Law Litigation
A divorced father who failed to honour his child maintenance obligations and ignored court rulings is set to have his house sold in execution of his debt towards the child. A TimesLIVE report notes the Constitutional Court did not hear the merits of the man’s appeal‚ despite sitting on two occasions‚ because the man did not fully comply with its order made in August that he make payments towards the maintenance of the child.

Lawyers note need for in vitro custody contracts

By Juta and Company (Pty) Ltd Published on Friday, 02 March 2018
Family Law
As courts internationally are increasingly confronted with the issue of custody in fertility, SA couples using in vitro fertilisation to conceive are being advised to draw up legal documents akin to antenuptial contracts, reports Times Select.

Asylum-seekers marriage ban ruled unconstitutional

By Juta and Company (Pty) Ltd Published on Monday, 05 February 2018
Family Law Litigation
A Nigerian pastor who fled religious persecution will finally be able to officially marry his SA partner after the Eastern Cape High Court (Port Elizabeth) declared a Department of Home Affairs ban on asylum-seeker marriages unconstitutional. A Weekend Post report says Pastor Emmanuel Paulking Oche Ochogwu (35) tried unsuccessfully to marry last year.

Man wants adoption set aside to claim from estate

A fund manager and professor in applied mathematics who was adopted 51 years ago as a baby has approached the Gauteng High Court (Pretoria) to set aside his adoption in order to claim a share of his wealthy biological father's estate, notes Rapport.

Widow wins ‘posthumous conception’ ruling

By Juta and Company (Pty) Ltd Published on Monday, 29 January 2018
Family Law
The dream of starting a family despite tragic circumstances came a step closer for a widow (36) when Judge Judith Cloete ruled in the Western Cape High Court that she could use her late husband’s frozen sperm for a ‘posthumous conception’.

Marriage discrimination case before ConCourt

By Juta and Company (Pty) Ltd Published on Monday, 29 January 2018
Divorce Law Family Law Litigation
Heads of argument filed with the Constitutional Court by Legal Aid SA Advocates Lilla Crouse and Chris Schuring, representing an unemployed mother (47) of two adult children, who is also the ex-wife of a Deputy Minister, say her case highlights the discrimination against women who live in a patriarchal community in the former Transkei.

Maintenance defaulters facing credit blacklisting

By Juta and Company (Pty) Ltd Published on Monday, 08 January 2018
Family Law
Delinquent fathers dodging maintenance payments are to be blacklisted from accessing credit. Key sections of the Maintenance Amendment Act came into effect on 5 January after President Jacob Zuma and Justice Minister Michael Masutha approved the relevant regulations. A report in The Mercury says the new law will give maintenance officers powers to track child maintenance defaulters through information obtained from cellphone service providers.

Child Support is an obligation not a choice!

By Esmeraldo and Associates Published on Thursday, 21 December 2017
Divorce Law Family Law
Children are a blessing and before they are even born, your primal apprehension is to safeguard your child and provide them the very paramount of what life can offer. As soon as it comes to our children love is transparent and imminent.

DOMESTIC VIOLENCE: DO NOT PLAY THE ABUSERS GAME. PLAY YOURS

By Esmeraldo and Associates Published on Thursday, 21 December 2017
Criminal Law Divorce Law Family Law
The Domestic Violence Act, 1998 places a robust prominence on the extermination of violence. Domestic violence effects destructively on the day-to-day lives of the sufferers. Families that are beleaguered by Domestic Violence are prohibited from realising their bursting potential. Every person has the right to grow as a human being and be treated with respect. Domestic violence is frequently assumed to only comprise corporeal viciousness, but the actions and results that make up domestic violence differ in nature and regularity. This Act applies to violence that takes place in a domestic relationship.

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