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Can an unmarried father register a child under his surname?

15 November 2021

I’m the father of a newborn daughter. The mother, to whom I’m not married, disappeared immediately after birth leaving me... as sole parent of my daughter. Because I don’t know where the mother is I cannot get the mother’s consent. Without this consent Home Affairs does not want to register my daughter under my surname. I have no idea what to do now. Can you help?

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357
Article
Safeguarding children’s rights during divorce

17 April 2018

Divorce and the resulting challenges regarding child custody and the responsibilities of parents can be an ugly and difficult process.... This is especially true of the children whose emotional and physical wellbeing would have to be taken into account during the entire process. However, the office of the Family Advocate offers an efficient and free service with the wellbeing of the child in mind.

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501
Article
Is spanking your child unlawful?

08 March 2018

I saw it reported in the news recently that spanking your child has finally been criminalised. Is this true? Will... this not result in overloading our justice system even more than it already is?

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355
Article
Be extra careful with children in your care

07 July 2016

My son got hurt at school when a steel post holding a newly planted tree upright, punctured his leg while... he and his friends were playing on the school grounds. The school denies any negligence and feels that my son should have kept a sharper eye on possible dangers. Is the school liable, or is my son alone responsible for his damage and injuries?

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501
Article
Can my child become an Aussie without daddy’s consent?

02 June 2016

I am recently divorced. I want to permanently relocate to Australia with my two minor children as I have obtained... a wonderful work opportunity which will benefit myself and my children tremendously. However, my ex, the father of my two children, refuses to give his consent, despite the fact that the children reside with me. Do I need his consent to take them with me?

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376
Article
Contracting with minors in a digital context

28 August 2015

In this article, we examine whether contracts entered online by minors, using their parents’ credit cards, are legally binding in... the specific context of social media such as Facebook.

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368
Article
Does a child have a voice in its parents’ legal battle?

14 April 2015

It is often said “parents know best” - but when parents become embroiled in litigation against each other and children... are involved, it can become very difficult for them to set their own interests aside and allow the interests of the child to take preference over their own. This also raises the question of whether a child involved in such a situation, has a voice and a say in decisions being made.  

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476
Article
Muslim marriages officiated in terms of South African law

02 June 2014

For over 300 years Muslim spouses and children were discriminated against as their traditional religious marriages were not recognised in... terms of South African law. Accordingly, Muslim women were denied spousal benefits such as the right to inherit intestate and to claim maintenance in terms of the Maintenance of Surviving Spouses Act 27 of 1990. Children from such marriages were labelled illegitimate, with the attendant adverse consequences that this status entailed. Fortunately this situation has now been remedied in favour of Muslim spouses and children.

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263
Article

BEST LEGAL Q&A 2021, EDITION 6

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BEST LEGAL Q&A 2021, EDITION 6

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