Users' questions

Can a child be born outside of customary law?

Can a child be born outside of customary law?

As far as the children born outside of a customary union or a civil-la w marriage are concerned, customary law does nor concern itself with the problem of maintenance. Such obligations are imposed on a natural father only if he has acquired guardianship over the child.

How does the customary law Act affect children?

The recognition of customary marriages in section 2(1) of the Act as valid marriages ‘for all purposes’ has the effect that children born of such marriages are henceforth to be regarded as ‘legitimate’ children.10Section 9 of the Act further provides t hat ‘despite the rules of customary law’,

What are the by laws for child care?

(1) Every child care facility which provides meals to children from a kitchen on the premises must have a separate approved area set aside, with due regard for the safety of children, as a kitchen for the preparation of food and the washing up and rinsing of crockery, cutlery, pots, pans and other kitchen utensils.

What are the rules of customary law in New Zealand?

For a comparative view, see New Zealand Law Commission Study Paper 9: Maori Custom and Values in New Zealand Law(March 2001). 3It is also important to distinguish between cultural practices and the rules of customary law. See in this regard Hlophe v Mahlalela and another 1988 (1) SA 449 (TPD) at 457H – 458B.

Who is responsible when a child breaks the law?

Since a parent is not an actor in the crime and, therefore, lacked the intent for the crime to occur, they cannot be prosecuted for the crime. In a few instances, however, if the crime only occurred because of the parent’s lack of care for the child, the parent could face some sort of charges, albeit, for a different crime like child neglect.

When is an equitable parent required to pay child support?

Some courts will apply the equitable parent concept when a spouse and child have a close relationship, consider themselves parent and child, and the parent has encouraged the relationship. The court may also require an equitable parent to pay child support under the same premise.

Who is required to pay child support if you are not the biological father?

Failure to file a timely legal request could result in the court requiring you to pay child support for a child that isn’t biologically yours. An alleged father is any unwed man who the court believes to be the biological parent of a child.

Can a noncustodial parent catch up on child support?

Payments can be reduced to allow a noncustodial parent to catch up on retroactive and current child support orders. Judges have tremendous leeway when it comes to ordering retroactive child support. But the longer a parent waits, the less likely a court is to award support for the entire period.