The Children’s Act 38 of 2005 has influenced not only the rights of children and parents but also the way in which any disputes in this area are dealt with in practice. Our courts have also had to move away from certain traditional prejudices, and embrace the new approach to these legal proceedings set out by the Act.

How does a biological father of a child who was never married to the child?s mother ensure that these rights are afforded him? What does the mother of this child do if she wants to relocate? If the parents can reach an agreement, can they draw up an agreement and if so what should it contain? How can the agreement be enforced?

What happens where a child resides with a grandparent and not the father or mother? Who is the legal guardian of the child? We live in times where less parents of a child are married, but instead live together. What happens if this relationship ends, as the parents don?t need to get a divorce?

These are just some of the queries we can assist you with. You are welcome to contact us if you have any questions in this regard.