Connecting Capetonians with legal experts
lawyer@capetownlawyer.co.za or WhatsApp
Lawyers: List Your Legal Services
Request Quote for family (Divorce) Lawyer
Child abuse | Register of those unsuited to work with children
Offences against children are one of the most serious offences. Children are very often too young to protect themselves against adults. Our law needs to protect children against abuse and neglect, and other forms of violence.
Part of our Children's Act 38 of 2005 has a register in part 2 of Chapter 7, known as The National Child Protection Register. Part A of the Register has the purpose of establishing a database recording the circumstances of each contravention of the Act or non-compliance with its provisions.
The aim of Part B of the Register is to record anyone found unsuited to work with children. The full names and address of the person are recorded, fingerprints, photograph, the reason why the finding was made, as well as particulars of the criminal trial if there was one.
Only certain courts can find a person unsuitable to work with children. The Children's Court is one such court. A criminal court is another. Any forum recognised by law in disciplinary proceedings can also find a person unsuitable to work with children.
Our law does however allow a person found unsuitable to work with children to apply to have his or her criminal record expunged. One can only do this after ten years have passed since he or she was convicted. In order to do this the name of such person must be removed from Part B of the Register in terms of Section 128 of the Act. He or she must also not have been convicted of an offence and sentenced to imprisonment without the option of a fine during the ten year period.
In terms of Section 128(4) a person convicted more than once of an offence with regard to a child may not be removed from Part B of the Register. This seems more than reasonable to me. The abuse of children is such a serious offence that an offender shouldn't be given more than one chance.
An offender can bring an application to be removed from Part B on the ground that he or she has been rehabilitated. Regulation 45(2)(a) lists certain requirements for a person to be removed on the basis of rehabilitation.
In order for a person to be removed on the basis of rehabilitation there must be a report by a psychologist, psychiatrist or social worker that the applicant has been rehabilitated. Another requirement is that there must be an outline of steps taken by the offender to rehabilitate himself or herself since his or her name was put on the Register.
At last our law seems to be progressing in regard to crimes against children. Once your name is on that Register it is not all that easy to get it off. This is clearly in the best interests of all children who have been or are being abused. It is very well thought out legislature.
Child-related divorce matters
Can a "band-aid baby" save a marriage?
Annexure A
If there are minor children involved, the divorce summons must have an Annexure A attached to it.
Custody of children upon divorce
Jurisdiction in child custody matter
Joint decisions with respect to minor children
Using Rule 43 to apply for interim custody entitlement
Child custody for the father
When a child won't see his/her father or mother
An unborn child when divorcing
Challenging the family advocate report
Child maintenance matters
Maintenance & custody of adopteed children
Maintenance for the unborn child
Children suing for maintenance
Abduction & kidnapping of children
Abduction of a minor - Latest case law
The kidnapping of minor children by a parent
The international abduction of children from South Africa.
International divorces, children & overseas issues
Divorce when the children & spouse are overseas
When your child and ex move overseas - keeping contact
Other child-divorce matters
Handicapped children & the divorce rate
National register of those unsuited to working with children
Affairs
Affairs and their impact on divorce settlements.
Assets/debt and divorce
The duty to disclose your financials when divorcing.
Insufficent disclosure from a spouse on their assets/liabilities; the section 7 notice remedy (in terms of the Matrimonial Property Act)
Division of the joint estate in the event of a divorce.
- Antenuptial contracts
- When parties cannot agree on the accrual calculation; the court may appointment a referee to assist with the accrual calculation
- When parties cannot decide how to divvy the assets : The court may nominate someone to collect, realise and divide the estate (called a liquidator, receiver or curator).
- How affairs impact the division of assets on divorce
Movable assets - what to take if you move out.
Protection of assets using a trust
Divorce & pension fund assets
Divorce and pension fund payouts
Get your info directly from spouse's pension fund, not indirectly from your spouse.
Undisclosed Pension Interest at divorce results in amendment to divorce order
Pension interest in the accrual calculation, and the related tax liability
State pension fund is unconstitutional
Navy pension payout post-divorce
Property and divorce
Be careful with how you word the clauses about selling the property upon divorce
Should you move out of the matrimonial house prior to divorce?
Property in your spouse's name
When parents have rights to stay at the property you want to sell on divorce.
Life insurance, death & divorce
Life insurance & divorce in South Africa
Death in the middle of divorce
Divorce & future expenses
Divorce & Future medical expenses
Marriage (COP vs ANC), cohabition and Universal partnerships
Marriage in community of property
Short definition of a marriage in community of property
Forfeiture of benefits of marriage in community of property - Wijker v Wijker 1993
Kooverjee v Kooverjee
Rights for those in Universal partnerships
- Universal partnership: Asset sharing
- The distribution of assets from the dissolution of universal partnerships
Treatise on the Contract of Partnership: By Pothier ; with the Civil Code and Code of Commerce ... (1854)
Null declaration of customary union
Divorce orders
Vary or rescind a divorce order
Change divorce order without court application
Non-compliance with a divorce order
Spangenberg & Another vs De Waal; Rule 43 order is set aside
Perjury & forgery
Divorce: Forging spouse's signature
Divorce courts
Divorce cases in the Cape High Court
Annulment instead of divorce
What is annulment of a marriage?
What are the grounds for annulment of a marriage?
Quote for Family Lawyer
Ask legal questions about divorce here. We would love to assist.
Expect errors and omissions. The information contained on www.capetownlawyer.co.za (the “Website”) is provided for general information purposes only and does not constitute legal advice. You should appoint an attorney if you require legal advise or information, and all information on this website, in our emails or otherwise transmitted should be cross-checked with your appointed lawyer before you make a decision. We do our best to avoid mistakes, but we are human and they do happen and should be expected. Also, articles sometimes get out of date and thus may not be accurate on the date the website is read. No warrantee and/or guarantee is made pertaining to the suitability, accuracy or correctness of any documents or information obtained from the Website. Different instances give rise to varying consequences, which may render the use of these documents and information inappropriate. As we have no prior knowledge of the User’s unique requirements or the User’s legal obligations, nor any control over the use or purpose to which these documents and information are put, we shall not be held responsible for incorrect application, the use of a document in the incorrect situation, or the use of an incorrect or incomplete document. It is therefore recommended that you consult with a specialist as to the applicability of these documents and information to your unique circumstances. Anybody can take part in this discussion forums on our webpages, and they may give poor advice, do not act on any advice given; without first consulting with a lawyer and checking whether it is sound advice. We will not be held liable for anybody acting on the information on our webpages and other communications. The documents, services and information on the Website relate specifically to the laws under the jurisdiction of the Republic of South Africa. This website is governed by the laws of the Republic of South Africa.
Use of this website and other materials is subject to not holding any of the parties who composed or published the material on this website or were involved (or associated websites) in any way liable for anything which results from the use of the material on this website. Some of what we write consists of opinions, and it's possible that others may arrive at different valid opinions. www.capetownlawyer.co.za and its associates hereby absolve themselves of any liability for potential loss, damage, injury, or expense incurred due to the use of or reliance upon the information provided through this service. Furthermore, they do not guarantee the truth, accuracy, or completeness of said information. By using this site you acknowledge that we may collect information (and you consent to us doing so) about your visitation, we may share it with our partners and we may associate it with other information we or our partners may have. and its members. Ourselves, our staff, legal advisers, partners and consultants, agents and any person associated therewith cannot be held liable for any loss or damage that is incurred or may be incurred by any person as a direct or indirect result of the use of the Website or any document or information contained on or obtained from the Website, nor as a result of anything that is contained in or left out of any document or information. We are not a law firm or a substitute for an attorney, advocate or law firm, and we do not offer legal representation. ,We reserves the right to alter, suspend or discontinue any aspect of the Website, including the content and/or services without notice. We cannot and do not guarantee that the Website will operate continuously or without interruptions or be error free and shall accept no liability for any such interruption or unavailability. Please be advised that the use of the Website and use of any information on the Website constitutes consent to these terms.
.
www.capetownlawyer.co.za © 2024 Email lawyer@capetownlawyer.co.za , Phone number +27824795197 (click to WhatsApp) Address (physical and postal): 17 Elizabeth Avenue, Pinelands, 7405, Cape Town, Western Cape Province, South Africa