The Family Advocate assists the parties to reach an agreement on disputed issues, namely custody, access and guardianship. If the parties are unable to reach an agreement, the Family Advocate evaluates the parties’ circumstances in light of the best interests of the child and makes a recommendation to the Court with regard to custody, access or guardianship...more
South Africa ratified the Convention in 1996 and the Act came into operation on 1 October 1997. The Convention's main object is to enforce rights of custody over a child(ren) who has been wrongfully removed to or kept in a foreign country in breach of those rights and to secure the prompt return of the child(ren) to South Africa...more
Maintenance is the obligation to provide another person, for example a minor, with housing, food, clothing, education and medical care, or with the means that are necessary for providing the person with these essentials. This legal duty to maintain is called ‘the duty to maintain’ or ‘the duty to support’...more
The Children’s Act is a piece of law which consists of 22 chapters and gives effect to certain rights of children as contained in the Constitution. It sets out principles relating to the care and protection of children. It also defines parental responsibilities and rights...more
What is a Children’s Court?
Various topics, including HIV and AIDS, Human Rights and Access to Justice, Frequently Asked Questions on LBGTI (Lesbians, Gays, Bisexuals, Transgender & Intersex)...more
The Guardian's Fund falls under the administration of the Master of the High Court. It is a fund created to hold and administer funds which are paid to the Master on behalf of various persons known or unknown, for example, minors, persons incapable of managing their own affairs, unborn heirs, missing or absent persons or persons having an interest in the moneys of a usufructuary, fiduciary or fideicommissary nature. Each Master has its own Guardian's Fund...more