Miss

Topics: Marriage, Family law, Common law Pages: 7 (2225 words) Published: August 19, 2013
Law of persons

Name: Shandré van der Ross

Student number: 201308455

Topic: The tactless common law maxim, ‘’een moeder maakt geen bastaard’’, has been successfully challenged in terms of Namibian law.

Lecturer: Ms LPK Nuugwedha

Table of Content

1. Introduction…………………………………………………..3 2. Children’s Status Act………………………………………4 * Custody………………………………………………………….4 * Guardianship………………………………………………….4 * Inheritance…………………………………………………….5 3. Domestic Violence and Rape Act……………………5 4. Maintenance………………………………………………….6 5. Married Persons Equality Act…………………………6 6. Proof of Parentage…………………………………………7 7. Conclusion……………………………………………………..8 8. References……………………………………………………..9

Introduction

When a child is born they are categorised as legitimate or illegitimate children. A legitimate child the luxury of claiming from both their parents, weather their parents died intestate or not. “Parents who were married at the time of the child’s birth, or who have married since, and thus, pursuant to the Family law Reform Act 1987 have legitimate the child, will have joint parental responsibility”(Frances Burton, Family Law & Practice,1997,pg.149)Opposed to an illegitimate child which in the past was considered as children out of wedlock or extra-marital children. Which had no rights to claim their father’s property if he died intestate but had the right the right to claim from their mother’s property, if she dies intestate, unless she has other legitimate children. “ Fathers not married to the mother (unmarried father)do not automatically have parental responsibility.”(Frances Burton, Family Law & Practice,1997.pg.149). A father had to apply for parental responsibility from a court by: * Making an agreement with the mother of his/her unmarried child. * Applying to the court for parental responsibility.

* Applying for guardianship of the child.
* Asking the mother to appoint the “father” as the guardian. * And by marrying the mother of the child, which then makes the child legitimate. The law stated that no woman was allowed to have a child out of wedlock. With the world so modernised would that law have held up in court? With unmarried woman having children through artificial fertilisation, Surrogate mothers, methods used by same sex partners often, is the law denying good upstanding citizens the happiness of a child. According to the revised Children’s Status Bill, tabled in Parliament on November 8, 2005, unmarried parents now have equal rights to custody. Meaning if there is a disagreement about how to raise the child, one parent applied for sole custody it would be granted in the best interest of the child.

Children’s Status Act

The children’s status act of 2006, states that every child no matter born to married or unmarried parents should be treated the same, to provide for matters relating to custody, access, guardianship and inheritance of a child born outside of a marriage. Custody

Both parents have the right of custodian of a child born outside of the marriage. One of the parents has the right to primary custodianship, this must be an agreement between both parent, either done verbally or in writing. If no agreement is made, either of the parents can apply for primary custodianship from the court of law. Despite the law if for any reason the parents of the child cannot agree on who should have primary custody and this compromises the well-being of the child, the person having physical custody of the child may apply for an interim order of custody. It will be granted in terms of the best interest of the child and if the granted must be respected by the other parties. The case of Venter v Venter, the parents were separated and lived in Walvis Bay, the mother moved back to Windhoek and the father felt it would be best for the minor to remain in his custody. The court ruled that the minor should return to Windhoek and be...

References: (Douglas, 1996)
Bibliography
Burton, F. (1997). Family Law & Practice. London: Cavendish Publishing Limited.
Douglas, N. L. (1996). Families Acroos Frontiers. Netherlands: Kluwer Law International.
Heaton, J. (2012,fourth edition). The South African Law of Persons. Interpak Books Pietermaritzburg.
(Burton, 1997) (Centre) (Heaton, 2012,fourth edition)

[ 1 ]. The South African Law of Persons, Jacqueline Heaton, Fourth Edition, 2012.
[ 2 ]. Family Law & Practice, Frances Burton, 1997
[ 3 ]
[ 4 ]. Children’s Status Act,No.6, 2006.
[ 8 ]. Children’s Status Act, No.6, 2006.
[ 9 ]. Children’s Status Act, No.6, 2006.
[ 10 ]. No.9 of 2003: Maintenance Act, 2003
[ 11 ]
[ 14 ]. Married Persons Equality Act, 1996. ( Act 1 of 1996).
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Miss Brill Essay
  • Miss Brill Essay
  • Miss Brill Essay
  • Essay about Miss Julie
  • Essay about Miss Havisham
  • Essay about Literary Analysis Miss Brill
  • Essay about “Miss Brill”
  • Themes in Miss Brill by Katherine Mansfield Essay

Become a StudyMode Member

Sign Up - It's Free