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"For the Sake of the Children": South African Family Relocation Disputes

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dc.contributor.author Domingo, W en_US
dc.date.accessioned 2011-09-06T10:39:32Z
dc.date.available 2011-09-06T10:39:32Z
dc.date.issued 2011 en_US
dc.identifier.issn 1727-3781 en_US
dc.identifier.uri http://hdl.handle.net/10394/4662
dc.description.abstract Decisions by primary caregiving parents to relocate after divorce, thereby disrupting the non–primary caregivers’ right of contact with children or, where both parents have joint care, the denial of the other’s parental rights and responsibilities to care, give rise to cases which deal with relocation disputes. My paper deals with the development of South African family jurisprudence in this area. Since the Children’s Act does not provide any criteria for cases dealing with relocation I examine the different jurisprudential approaches/trends taken by our courts in dealing with relocation. I pave the way forward by making the argument that we need a general consistency in approach by our courts when dealing with relocation disputes. As our society becomes increasingly mobile, our courts will be faced with more frequent applications for local and international family relocations. I conclude by making the recommendation that despite the Children’s Act, we still need “guidelines” or perhaps a “Relocation Act” which works in tandem with the Children’s Act. en_US
dc.subject Family relocation en_US
dc.subject care en_US
dc.subject contact en_US
dc.subject best interests of the child en_US
dc.subject Children?s Act en_US
dc.title "For the Sake of the Children": South African Family Relocation Disputes en_US
dc.type Article en_US


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