Removing a child from the jurisdiction of the Court and from the access of your ex-spouse is not a good idea as it could involve you in expensive litigation.
The Child Care Act requires that the child’s mother or father, but not of a child’s guardian.
If a child is above the age of sixteen,he must sign the application form for a passport but if the applicant is younger it must be signed by his parents or guardian. If the child is in foster care, the provisions of the Child Care Act must be satisfied.
In the absence of a court order to the contrary, consent an application for a passport must be given by both parents or by the child’s “legal Guardian” but if the applicant is illegitimate only the mother need consent, unless a court “orders otherwise” and if by order of court the child has been placed under sole guardianship of one parent or if a non-parent, only the guardian need consent. The personal particulars of the parents or guardian,must be verified against the population register.
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Barbara phoned her divorce attorney on Saturday morning. Her husband had not come home on time on Saturday and she had gone to the office in her car as she was worried about him. She saw lights on in the office building and as she got near to the window of her husbands office she had no idea of what she was about to witness. Her husband was in an extremely compromising position with a lady who Barbara immediately recognized as his secretary.
“What do I do now” she asked her lawyer, the tears streaming down her face. How do I handle the situation.
Barbara had chosen not to confront her husband in the act and had quietly left the scene and returned home. But the evidence was quite conclusive and she had some important decisions she had to make.
Tomorrow we will look at the Divorce Law in regard to a situation like this and examine the advice which she was given.
If you are in a similar position want would like to discuss the matter contact Divorce Forms one of our panel of attorneys will contact you.
In addition to other countries, Divorce Forms has opened a branch in the United States of America. This site offers you divorce forms for all the different states and all you need to do is click on the state and you will be taken to the page that offers the forms. Visit us on http://www.free-divorce-forms.org
The dissolution of a marriage or its annulment is a very sad business. It is going to involve divorce papers and if you are lucky and can reach a settlement agreement it is possible to do an uncontested divorce. Uncontested divorce forms are available online.
The action for enticement protects the consortium existing between spouses against the intentional destruction by a third party and has been recognized as being part of our law in South Africa. The action is as available to the aggrieved wife as it is to the aggrieved husband. It would also be available to either of the partners to a civil union in view of the fact that such a union has the same consequences as a marriage. To succeed in this action the plaintiff spouse would need to allege that the third party knew of the existence of the marriage or civil union and that the object of the enticement was to deprive the innocent spouse of his consortium rights . The damages for enticement can be substantial because third parties “should realize that they cannot with impunity seduce married men [or married women] from their duty to their wives [or husband]” Family Law Service: Schaefer.
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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
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