Die Reg van die Kind op Kontak met Beide Ouers: Opmerkings na Aanleiding van Onlangse Ontwikkelinge in die Nederlandse Reg

THE RIGHT OF THE CHILD TO HAVE CONTACT WITH BOTH PARENTS:COMMENTS IN VIEW OF RECENT DEVELOPMENTS IN DUTCH LAWThis contribution discusses the amendment to section 1: 377a lid 1 BW of 1 March 2009, in Dutch law. According to this provision a child has the right to have contact with both parents as well as with those who have sufficient close personal links with the child. The parent who is not responsible for the physical care of the child has the right and obligation to have contact with the child. The question whether the South African law, through the provisions of section 28 of the Constitut... Mehr ...

Verfasser: A van der Linde
LN van der Linde
Dokumenttyp: Artikel
Erscheinungsdatum: 2011
Reihe/Periodikum: Potchefstroom Electronic Law Journal, Vol 14, Iss 1, Pp 67-103 (2011)
Verlag/Hrsg.: North-West University
Schlagwörter: Alternative care / enforcement of right to contact / family care / obligation to have contact / parental care / parental responsibilities and rights / Law in general. Comparative and uniform law. Jurisprudence / K1-7720
Sprache: Afrikaans
Deutsch
Englisch
Niederländisch
Permalink: https://search.fid-benelux.de/Record/base-26754399
Datenquelle: BASE; Originalkatalog
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Link(s) : https://doaj.org/article/fbefdb47053844098a2d3f9cffbb89f2

THE RIGHT OF THE CHILD TO HAVE CONTACT WITH BOTH PARENTS:COMMENTS IN VIEW OF RECENT DEVELOPMENTS IN DUTCH LAWThis contribution discusses the amendment to section 1: 377a lid 1 BW of 1 March 2009, in Dutch law. According to this provision a child has the right to have contact with both parents as well as with those who have sufficient close personal links with the child. The parent who is not responsible for the physical care of the child has the right and obligation to have contact with the child. The question whether the South African law, through the provisions of section 28 of the Constitution and the Children's Act, provides such a right and obligation, is investigated. Even though the conclusion is reached that the South African law indirectly provides such right and obligation, it is argued that the explicit recognition thereof in the Children's Act would provide a statutory legal duty on parents to have and maintain contact with their child. This would enhance legal certainty. Attention is also given to the enforcementof such right of the child.