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Definition of guardianship Awarding of guardianship Guardianship to both parents Guardianship simpliciter 204 ACTIVITY Read your prescribed case, Van Vuuren v Van Vuuren, on pages 320±323 of your prescribed casebook and also the first two paragraphs on page 161 of your prescribed textbook, and list the circumstances in which a family advocate ought to apply for an order authorising an enquiry in terms of the Mediation in Certain Divorce Matters Act 24 of 1987. FEEDBACK The family advocate ought to apply for an order authorising an enquiry if it is envisaged that (1) custody of a young child will not be awarded to the child's mother (2) siblings will be separated (3) custody will be awarded to a person other than the child's parent (4) an arrangement regarding custody or access will be made which is prima facie (ie, on the face of it) not in the child's interests 3 THE ASPECTS REGARDING THE POSITION OF THE CHILDREN THE COURT MAY REGULATE 3.1 Guardianship Firstly, you must note the definition of guardianship on page 162 of your textbook. You will further see that the court may make any order it deems fit regarding guardianship. Because, in terms of section 1(1) of the Guardianship Act 192 of 1993, both parents have guardianship of their legitimate children during the subsistence of the marriage, guardianship should, as a general rule, be awarded to both of them upon divorce. If both parents are awarded guardianship upon divorce, both remain entitled to exercise any right or power, or carry out any duty arising from guardianship independently and without the other parent's consent. In your prescribed textbook on page 162 as well as on page 277 (where the contents of parental authority are set out) you are referred to the instances (exceptions) in which the consent of both parents is required and in which case they consequently cannot act independently. Where the circumstances warrant it the court may, however, award guardianship (ie, guardianship simpliciter or single guardianship) or sole guardianship to either parent. If sole guardianship is awarded to a parent upon divorce that parent becomes the child's only guardian, to the
Sole guardianship exclusion of the other parent. The consequences of such an award and an example of when sole guardianship is awarded are set out in the third and fourth paragraphs on page 162 of your textbook. Also note that sole guardianship is not readily awarded. Definition of custody Custody to one parent ACTIVITY Explain the implications of granting sole guardianship to a parent upon divorce. FEEDBACK If sole guardianship is awarded to a parent upon divorce that parent becomes the child's only guardian, to the exclusion of the other parent. Sole guardianship means that, apart from the child being adopted, the sole guardian is the only parent whose consent needs to be obtained for those acts in respect of which both parents' consent is normally required in terms or the Guardianship Act 192 of 1993. In other words, only the parent with sole guardianship has to consent to the relevant child's marriage (if he or she is a minor), removal of the child from South Africa, an application for a passport for the minor if he or she is below the age of 18 years, and the alienation or encumbrance or the minor's immovable property. The sole guardian also has the additional power to appoint his or her successor as sole guardian in a will. In terms of section 6(3) of the Divorce Act 70 of 1979, a court which awards sole guardianship to one of the parents upon divorce may also order that, on the predecease of that parent, someone other than the surviving parent will become the child's guardian Ð either jointly with, or to the exclusion of, the surviving parent. The differences between the consequences of an award for guardianship simpliciter and an award of sole guardianship is discussed in the first paragraph on page 163 in your textbook. Ensure that you understand these differences. 3.2 Custody First of all, you must note the definition of custody on page 163 of your textbook. You will also note that although the court may make any order regarding custody upon the parents' divorce it deems in the child's best interests custody is normally awarded to only one of the parents. 205
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iv 17 Forfeiture of patrimonial ben
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vi Ð analyse and critically evalua
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The content of this module can be g
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x Bibliography CronjeÂ DSP & Heato
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xii guide you are told what to read
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Glossary
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ad litem for the case or suit affid
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descendants your descendants are th
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legislation things like Acts, procl
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e in connection with or in the case
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void marriage a marriage which has
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2 SECTION I Introduction to family
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4 STUDY UNIT 1 In preparation MODUL
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Order in which authoritative source
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8 South Eastern Cape local division
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10 without qualification. Where a p
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12 2.4 The magistrates' courts and
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14 STUDY UNIT 2 Content of family l
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Wide and narrow meaning 16 branches
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18 STUDY UNIT 3 Historical overview
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20 HAVE YOU READ THE ``KEY TO THE S
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22 Engagement SECTION II Marriage l
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24 Engagement STUDY UNIT 4 The enga
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Distinction between engagement and
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28 in the missing words. The words
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ACTIVITY This activity tests your u
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Lawfulness and possibility Finalisa
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ACTIVITY On page 12 of your prescri
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36 engagement, the courts calculate
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Action on ground of seduction 38 FE
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40 fallen in love with another woma
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42 marriage itself. First of all yo
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Prodigal Insane person Person place
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had been so threatened and assaulte
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Adoptive parent and adopted child P
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Common ancestor prospective spouses
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Blood relatives in direct line Bloo
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54 (2) (a) T is related to Mr A wit
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56 QUESTIONS NB: Make sure that you
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Engagement STUDY UNIT 6 The civil m
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60 INSTANCES PERSON/PERSONS/AUTHORI
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62 antenuptial contract, the questi
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64 (2) Whose consent is needed if a
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66 LEARNING OUTCOMES The purpose of
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(3) When only can a man apply for t
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70 ACTIVITY Place each of the follo
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Legitimacy of a child born of a put
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74 Engagement STUDY UNIT 8 The inva
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Variable versus invariableconsequen
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Maintenance = support Meaning of ``
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Requirements for capacity Terminati
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Revocation or limitation of the cap
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84 FEEDBACK This statement is false
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86 (16) Discuss the concept ``house
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Matrimonial property law Section II
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OVERVIEW In section III we look at
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Primary matrimonial property system
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3.1 Assets Joint assets In your pre
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Jacob also exchanges the tractor wh
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Attachment of separate assets FEEDB
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Debts incurred during the subsisten
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QUESTIONS NB: Make sure that you ca
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Marriage in community of property N
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Equal concurrent management Section
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lawfully since Mr Khumalo's written
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FEEDBACK CIRCUMSTANCES CONSEQUENCES
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Requirements: (a) The court should
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study unit (study unit 9) where the
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PLEASE NOTE: YOU SHOULD ALSO BE ABL
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found in such a contract. The next
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FEEDBACK The Deeds Registries Act 4
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not, as many people wrongly think,
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Aim of legislature in introducing a
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Accrual and accrual claim relate to
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ACTIVITY Provide a summary of the s
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The accrual in Mr X's estate is cal
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suffered and/or still suffers, and
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Relaxation of principle of immutabi
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Requirements Procedural requirement
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concluded before the marriage. Subs
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not change their matrimonial proper
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148 SECTION IV Dissolution of marri
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150 IV DISSOLUTION OF MARRIAGE Deat
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Extra-judicial separation Predeceas
Page 180 and 181: 154 (3) the standard of living of t
Page 182 and 183: 156 IV DISSOLUTION OF MARRIAGE Deat
Page 184 and 185: . Prescribed textbook 124±126 ``11
Page 186 and 187: 160 (2) Provide a short explanation
Page 188 and 189: Criteria contained in subsections 5
Page 190 and 191: Special rules You must also note th
Page 192 and 193: 166 (15) How do the provisions of s
Page 194 and 195: 168 Now that you know what the grou
Page 196 and 197: Scope of provisions Lastly, you sho
Page 198 and 199: 172 STUDY UNIT 17 Forfeiture of pat
Page 200 and 201: Undue benefit Justness and fairness
Page 202 and 203: 176 marriage out of community of pr
Page 204 and 205: 178 IV DISSOLUTION OF MARRIAGE Deat
Page 206 and 207: Prerequisites Prerequisite that spo
Page 208 and 209: 4 OTHER CONSIDERATIONS THE COURT TA
Page 210 and 211: Equal distribution between spouses
Page 212 and 213: 186 (1) the order's source of law (
Page 214 and 215: 188 . Form of a redistribution orde
Page 216 and 217: 190 LEARNING OUTCOMES The purpose o
Page 218 and 219: Factors Weight attached to factors
Page 220 and 221: 194 FEEDBACK (1) Mrs Kahn will prob
Page 222 and 223: Dum casta clause party in whose fav
Page 224 and 225: 198 PRINCIPLE CASE NAME (4) The app
Page 226 and 227: 200 . Waiver of the right to claim
Page 228 and 229: 202 LEARNING OUTCOMES After studyin
Page 232 and 233: Mother as custodial parent Your tex
Page 234 and 235: Custody to a third party In the sec
Page 236 and 237: 210 made a restrictive order simila
Page 238 and 239: 212 . Access (16) What does the con
Page 240 and 241: 214 LEARNING OUTCOMES The purpose o
Page 242 and 243: Limitation on publication Exception
Page 244 and 245: 218 SUMMARY In this study unit you
Page 246 and 247: Customary marriages concluded befor
Page 248 and 249: Customary marriages concluded befor
Page 250 and 251: Invalid ito common law Valid ito Ac
Page 252 and 253: Position before commencement of the
Page 254 and 255: Ground for divorce Patrimonial cons
Page 256 and 257: Customary law part of culture Custo
Page 258 and 259: 232 . Registration of the marriage
Page 260 and 261: 234 . how a customary marriage can
Page 262 and 263: 236 SECTION VI Muslim marriages MOD
Page 264 and 265: 238 (2) set out the legislative rec
Page 266 and 267: 240 surviving spouse in a monogamou
Page 268 and 269: 242 and Muslim marriages constitute
Page 271 and 272: Life partnerships Section VII
Page 273 and 274: STUDY UNIT 24 Life partnerships MOD
Page 275 and 276: 2 GENERAL The general rule of our l
Page 277 and 278: espectively, certain job-related be
Page 279: . Definition (1) What is a life par
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256 SECTION VIII Domestic violence
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(3) indicate that in terms of the D
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260 In the next section we deal wit
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262 SECTION IX Children's rights an
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264 STUDY UNIT 26 Children's rights
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Ways to obtain authority 266 regula
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Wide and narrow meaning Guardianshi
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Meaning of judicial interference it
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272 (2) Which special rights are gi
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274 . what parental power is . how
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In this study unit we shall look at
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In Petersen v Maintenance Officer t
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280 (7) Does a stepparent have a du
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282 SECTION X Guardianship and cura
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284 You will further note in this s
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Definitions 286 1.2 The requirement
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288 QUESTIONS NB: Make sure that yo
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