Lawyers discuss Children and Divorce

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When the parents of a child involved in the dissolution of marriage the position is altered and a reassignment of parental responsibilities and rights or at least some of their incidents, is inevitable.  In addition to the High Courts inherent powers as the upper guardian of all minors within its area of jurisdiction, statutory protection is given to minor and dependent children of the marriage in divorce proceeding by the Divorce Act and the Mediation in Certain Divorce Matters Act.  The Recognition of Customary Marriages Act has extended the whole of the latter Act and section 6 and 10 of the former to divorce proceedings involving customary marriages.

Before the decree of divorce may be granted the court must be satisfied that the provisions made or contemplated with regard to the welfare of any minor or dependent child of the marriage are satisfactory or are the best that can be effected in the circumstances

If you need any additional information about this subject please contact one of our panel of attorneys who will be glad to help.

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