by VDT Attorneys | Feb 7, 2018 | Child, Death, Estate Planning, Trust, Will
Our law determines that minor children (under the age of 18) cannot enter into contracts without the consent of their legal guardian (parent or court appointed guardian). By implication, this limitation also prohibits minors from inheriting assets while they are still...
by VDT Attorneys | Jun 9, 2017 | Child
Surrogacy is allowed in South Africa and is regulated by the Childrens Act. The Children’s Act contains strict prerequisites which parents must satisfy before entering into a surrogacy agreement. These prerequisites include (but are not limited to only these): • The...
by VDT Attorneys | May 8, 2017 | Arrest, Child, Family
The parental rights and responsibilities of parents and the interests of children are governed by the Children’s Act 38 of 2005 (“Children’s Act”) which dictates that the best interests of the child is always of paramount importance and must be the determining factor...
by VDT Attorneys | Jun 7, 2016 | Child, Damages, Litigation
When children are placed in the care of any person or institution, be it his parents, the parents of a friend or the school itself, it holds that a greater measure of care, protection and supervision must be applied to ensure that the child does not get hurt. The...
by VDT Attorneys | Jun 2, 2016 | Child, Family
Where both parents have guardianship of the children, as is usually the norm, notwithstanding whom the children reside with, it necessarily follows that consent will be needed from the other parent when one parent decides to relocate to another country with a minor....
by VDT Attorneys | Apr 14, 2015 | Child, Divorce, Family
The principle of ‘in the best interest of a child’ provides a framework for addressing a broad range of issues affecting children. This principle is regarded as of such importance that it was included in our Constitution. Section 28(2) of the Constitution provides...
