How to find a divorce lawyer in Cape Town, South Africa

Contact with your child who is overseas

I recently acted on behalf of a client whose wife was to move overseas shortly after the divorce together with their minor child.

In determining the rights of the parent whose child lives in another country, the Children’s Act of 2005 states that the parent of that child also enjoys full parental rights and responsibilities in respect of that child, even though the child is residing in another country. The Children's Act takes into account various factors to ensure that the best interests of the child are protected. Examples of such factors are:

If after the divorce you believe that the best interests of the child are not being taken into account, you should immediately approach your attorney to refer the matter back to the family advocate or back to court to ensure that the best interests of the child are being taken into account.

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