Gary Da Silva

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The Changing Landscape of Custody: Exploring Joint Custody (contact and care in South Africa) Arrangements

In a world where parenting dynamics have evolved, joint custody (contact and care in South Africa) emerges as a crucial option. We explore the various forms, arguments, and considerations surrounding joint custody, shedding light on its benefits and potential challenges. We investigate expert insights on what makes this arrangement successful and the need for further …

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Reforming South Africa’s Children’s Act for Equal Parental Rights

The well-being of children should be the paramount concern in family law. However, Sections 19–21 of the South African Children’s Act have been criticized as potentially unconstitutional by groups like the Commission for Gender Equality. The fact that married and biological mothers are separated out from married fathers in sections 19 and 20 and that …

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Overcoming Gender Bias in Child Custody Cases: A reflection on the Outdated Maternal preference or tender age rule

The maternal preference rule, also known as the tender years doctrine, was a legal presumption that mothers should have custody of young children after divorce or separation. This doctrine embodied the sexist belief that mothers were innately better caregivers than fathers by virtue of being female. The rule has now been widely abolished due to …

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Racist and Unconstitutional Children’s Act – Prejudicing Black Fathers in South Africa

Unpacking Section 21 of the Children’s Act: A Constitutional Analysis on Black Fathers’ Rights The issue at hand revolves around Section 21(d) of the Children’s Act, which imposes specific legal and financial requirements on black fathers, potentially leading to damages payments under customary law. This situation raises concerns regarding the potential violation of constitutional principles …

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Outrage South African fathers are still unconstitutionally prejudiced in the current legal system.

Fathers Demand Equal Rights: Why South Africa’s Children Deserve Automatic Equal Contact With Both Parents The Children’s Act and related legislation are unconstitutional and discriminatory against unmarried fathers and their children in several respects. Section 10 of the Births and Deaths Registration Act prevented unmarried fathers from registering their child’s birth or giving their surname …

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Unveiling the Unjust: Navigating False Protection Orders in the South African Justice System

In the tumultuous landscape of the South African justice system, a disconcerting reality emerges: a system seemingly skewed against fathers, with protection orders wielded as a potent weapon. It is the considered opinion of Fathers 4 Justice that false protection orders (allegedly between 52% and 90%) are used as a weapon or silver bullet to …

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parental rights, responsibilities, and legal advice for fathers. Understand how to navigate issues like false accusations and maintenance disputes.

(FAQ) – Fathers Parental Rights and Responsibilities

1. Are a biological father’s rights the same as a married woman’s, man’s or biological mother’s rights? Answer: If you comply with Section 21 of the Children’s Act, then yes, a biological father has the same rights as a married man, married woman, or biological mother. There have been numerous constitutional pronouncements in 2021, 22, …

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This article provides a detailed overview of the formalized early intervention strategies in parental alienation cases, with a focus on education in schools and the legal system. It discusses the effectiveness of programs like Early Diversion, highlights the need for education in various professional roles, and suggests enhancements to existing court tools.

Early Intervention in Parental Alienation Cases: A Comprehensive Approach

F4J SA investigates Enhancing Early Interventions for Parental Alienation: A Comprehensive Approach by, Chris Turner, MSW, JD, and Mary Alvarez, PhD, underscores the critical importance of consistent and effective early interventions in cases of parental alienation. Emphasizing a preventive approach, the authors propose a comprehensive strategy that begins with education. Educational Challenges: Acknowledging the challenges …

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Fathers 4 Justice South Africa Exposes Alarming Threats to Family Values and Children’s Rights by the ANC Government

PRESS RELEASE FOR IMMEDIATE RELEASE Johannesburg, November 15, 2023 – Fathers 4 Justice South Africa, the prominent advocacy group championing fathers’ rights, is sounding a clarion call to the citizens of South Africa and the international community regarding the perilous state of family values and children’s rights under the ANC government. As of November 29, …

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Streamlining South Africa’s Family Laws for Efficient and Fair Resolutions: A Proposal by Fathers 4 Justice South Africa

F4J SA explores the need for comprehensive reforms desperately required in South Africa’s family laws, specifically regarding marriage, divorce, and children. Fathers 4 Justice South Africa advocates for a streamlined and efficient legal framework that promotes equal rights, shared responsibility, and timely resolutions. The article delves into the challenges posed by the existing legal landscape …

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