Protecting the Rights of the

Minor Child

Karen Olivier and her team believe in upholding the rights of all citizens, with the focus on the child in every dispute. As Karen specialises in Family Law, ensuring children’s rights, as well as parents’ rights, are protected is a passion of hers.

CHILDREN’S RIGHTS

What We Can Do For You

If you find yourself relating to any of the below scenarios, you may find yourself and your child benefit from the expertise of a professional family lawyer Durban.

Enforcing parental responsibilities and rights

When a person enters into parenthood they automatically gain new rights as well as responsibilities. These responsibilities need to be upheld for the benefit of the child and each parent is entitled to their respective rights.

Rights of unmarried fathers and disputed paternity

Unmarried fathers still have parental rights that need to be upheld and they cannot be denied visitation of the child without a solid case against them. In the case of disputed paternity, DNA tests need to be carried out.

National and international child abduction

Forcefully removing children from their home, by a relative or otherwise, to relocate to a new city or country is considered as child abduction. In most cases, if there is a court order, these abductions are illegal and should to be dealt with accordingly.

Custody and guardianship

Custody is always decided based on what outcome will most benefit the child. The same goes for guardianship. Appointed guardians need to be able to care for the child until he or she turns 18.

Relocation of the minor child

Relocating a minor child outside of South Africa requires the consent of both parents. The custodian parent has the right to relocate a minor within South Africa in most cases, with the knowledge and consent of the other parent.

Care of and contact with the minor child

In the case of a divorce, one parent needs to be the primary caregiver and provide a primary address, while the other parent provides the alternate home address for the child/ children. Each parent maintains the right to care for their child and maintain contact with them.

Surrogacy

If you are planning to make use of a surrogate or are a surrogate yourself, you may want to legally put in place a contract that protects and benefits all parties. A court order is required to protect all partie’s rights.

Parenting plans

A parenting plan contains all the details of a parenting situation and the agreements reached by both parents. A parenting plan should benefit the child as much as possible and should state where the child should live, maintenance payable as well as payment of the child’s schooling.

Providing a third party with co-parental responsibilities and rights in respect of a minor child

In certain situations, it is necessary to provide a third party with co-parental responsibilities and rights. In many cases it is a stepmother or stepfather who pays for some of the costs involved with raising a child.

Maintenance in respect of the minor child

The law states that it is the responsibility of both parents to pay the costs of supporting the child. Agreeign on a stable maintenance plan helps to ease tension and provide a stable flow of funds for the child’s expenses.

OUR SPECIALITY

How We Can Help You

The team at the Law Offices of Karen Olivier have built up experience with many such cases and it is our mission to uphold the rights and responsibilities of all parents and minor children.

ENTRUST YOUR DISPUTE TO US

YOU HAVE THE RIGHT TO BE HEARD. Set up a meeting now.

After filing for divorce and leaving my husband I was devastated when my ex-took my five-year-old daughter without my consent and ran away with her. I put my matter into the hands of Karen Oliver. She gave me excellent advice and her staff were sympathetic and persistent at drafting documents and following up with me. Eventually, I came out I the win I guide with my daughter in my primary care as the biggest prize of all. So grateful to Karen and her stellar team for getting me back my baby.

Drea Densham