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Child custody following Death of a parent

In custody matters the report of the clinical psychologist is extremely important in the court coming to a decision on what is in the best interests of the minor child; particularly following traumatic events like the death of a parent.

Children at a funeral

Agree on a clinical psychologist

Both parties must usually agree on who they want to appoint.  The psychologist has a much more difficult role when one of the parents has passed away and he/she must decide who that child must live with.

A very young child usually cannot begin to comprehend the death of a parent.  In one of my cases the psychologist found that the young child became very clingy and woke up a lot at night.  This was no doubt due to the loss of the parent.

Living with grandparents

Some believe that a young child should not be left in a home of mourning after the death of his or her parent.  This no doubt varies from case to case.  In some instances such a young child would be better off living with  grandparents.

In his or her methodology the psychologist must look at the development issues of the child.  This can be dealt with by looking at the expressive language of the child.

A child whose parent passes away will take a long time usually to feel the full effect of the loss.  The loss would usually affect him/her for all of his/her life.

Teachers' opinions

The clinical psychologist should look at what the teachers have to say.  The teachers should analyse the concentration of the child.  The child could also be referred to a paediatrician for a more in-depth examination.

Maintain stability

It is important that a child who loses a parent must be kept as stable as possible.  Changes to sleeping arrangements are not always advisable.  The clinical psychologist should observe how the child interacts with all concerned parties.

The clinical psychologist should also look at the mood of the child when adults talk to him/her about the parent who passed away.  The child would also display behavioural signs of attachment with certain adults.

It is indeed very sad when a young child loses a parent.  It is very important for the psychologist to give a thorough analysis and report on who the child should live with after the passing away of a parent.

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Other divorce-related issues

At the beginning

Should I advise my spouse of the impending divorce action?

Should you move out of the matrimonial house prior to divorce?

Remove your spouse as a beneficiary on your Life assurance.

Psychological issues

The stress of divorce

Marriage counselling to avoid divorce

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

Child custody in South Africa

Jurisdiction in child custody matter (e.g. if child moved to another province)

Joint decisions with respect to minor children

Using Rule 43 to apply for interim custody entitlement

Child custody for the father
Custody granted to unmarried father
When a child won't see his/her father or mother

Custody & drugs

An unborn child when divorcing

Grandparents & divorce
When Grandparents want custody ahead of parents

Challenging the family advocate report

Child custody post divorce

Application to terminate your ex's parental rights

Splitting up siblings post divorce

Which parent decides the school to attend?

Child custody on death of a parent

Child custody following the death of a parent.

Maintenance for children

Child maintenance

Child maintenance to what age?

Maintenance & proof of paternity

Maintenance & custody of adopted children

Maintenance for the unborn child

Token or minimal maintenance when parent doesn't work

Impact of inheritance on child maintenance obligations

Maintenance for children over 18
Children suing for maintenance

Arrest after failing to pay maintenance

Ex refuses to pay school fees

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

Child contact rights for an overseas parent

When your child and ex move overseas - keeping contact

Other child-divorce matters

Handicapped children & the divorce rate

Children and marital problems

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.

Movable assets - what to take if you move out.

Protection of assets using a trust

Debt Review and Divorce

Working together and divorce

Conveyancing books: (1) The Practitioners Guide to Conveyancing and Notarial Practice (2) Consolidated Chief Registrar of Deeds' Circulars and Conference Resolutions, (3) The Law and Practising of Conveyancing in South Africa

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

Unmarried couples & pensions

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 assurance actions you need to take when divorcing

Death in the middle of divorce

Inheritance & divorce

Divorce & future expenses

Divorce & Future medical expenses

Marriage (COP vs ANC), cohabition and Universal partnerships

Antenuptial contracts

The postnuptial contract

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


The co-habitation agreement

Rights for those in 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

Contempt of Consent Paper

Spangenberg & Another vs De Waal; Rule 43 order is set aside

Perjury & forgery

Perjury in the court papers

Divorce: Forging spouse's signature

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Divorce & the day in court

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?

Lady justice holding a sword and the scale of justice

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