As far as family law is concerned, we in South Africa have it all. We have every kind of family; extended families, nuclear families, one-parent families, same-sex families, and in relation to each one of these there are controversy, difficulties and cases coming before the courts or due to come before the courts. This is the result of ancient history and recent history. Our families are suffused with history, as family law is suffused with history, culture, belief and personality. For researchers it’s a paradise, for judges a purgatory.
Like Humpty Dumpty a family once broken by divorce, cannot be put back together in precisely the same way.” A decision by a primary caregiving parent to relocate after a divorce, thereby disrupting the non-primary caregiver’s right of contact with the children in the marriage or, where both parents have joint care, the denial of the other’s parental rights to care, raise the possibility of litigation involving relocation disputes.
The reasons sometimes given for relocating include matters such as the availability of attractive employment opportunities for either the primary caregiver or his/her spouse in the new location, a loss of confidence in the country’s economy, the escalating crime rate, the availability of better education for the children, and the lack of a family support system wherever the family was initially situated. The parent who is going to be left behind often refuses to agree to the move. The primary caregiver then approaches the court to dispense with that guardian’s consent. Relocation disputes are amongst the most difficult cases that courts have to deal with in family law matters.
We can assist you in the following areas:
- Family Violence Interdicts
- Ante –Nuptial Contracts
- Parental rights and responsibilities
- Care and contact of minor children
- Rule 43 applications
- Parenting Plans
- Guardianship applications
- Adoption issues