key to the study guide - Name

202
LEARNING OUTCOMES
After studying this study unit you should be able to
(1) explain what the criterion of ``the best interests of the child'' entails
and how much value the courts attach to the criterion
(2) set out in which respects section 6 of the Divorce Act 70 of 1979
regulates the interests of children at divorce
(3) explain how the Mediation in Certain Divorce Matters Act 24 of 1987
protects the interests of the children in the event of a divorce
(4) explain what the different types of guardianship entail and to explain
to whom guardianship of the children should be awarded upon divorce
(5) explain what the different types of custody entail and to explain which
factors the court considers when deciding to whom custody of the
children must be awarded upon divorce
(6) explain the non-custodial parent's right of access and formulate the
various forms that structured or defined access may take
(7) mention that after their divorce, both parents remain obliged to
support their children in accordance with their respective means
PRESCRIBED MATTER
Read
. Prescribed textbook 170±180 ``14.5.4 Maintenance'', ``14.6 Enforcement
of guardianship, custody and access'' and ``14.7 Rescission,
suspension and variation of an order made upon divorce''
Study
. Prescribed textbook 157±169
. McCall v McCall in your prescribed casebook 317±319
. Van Vuuren v Van Vuuren in your prescribed casebook 320±322
. Krugel v Krugel in your prescribed casebook 343±346
CONTENT OF THIS STUDY UNIT
1 THE CRITERION OF ``THE BEST INTERESTS OF THE CHILD''
When considering the consequences of divorce in respect of the children,
the general principle applies, namely that the best interests of the children
should be the paramount concern. This principle is clearly embodied in the
Mediation in Certain Divorce Matters Act 24 of 1987 and section 6 of the
Divorce Act 70 of 1979, which are discussed below. Note that this