Veegh Attorneys

15/01/2022

The festive season hangover

Sadly the festive season is not a happy time for all families. It can be a stressful time for some families, bringing simmering marriage and extended-family conflict to the boil, reopening old wounds and creating new ones.

Family life has been made more challenging by the confinement under lockdowns and remote studying and working, juggling additional family responsibilities and living in close quarters these past two years under covid -19 pandemic. Many household incomes have reduced or halved over this time also.

There is an increase in substance abuse amd reckless behaviour over the festive season also.

These stressors contribute to domestic violence incidents and the number of divorces is typically higher in the first months of a new year.

Moving on can be difficult to navigate on your own. You may need to approach the courts but always consider mediation as a first option.

Reach out. Stay safe.

28/03/2020

Lockdown applies to contact orders

There has been a lot of confusion as to whether children who are the subject of contact orders are still required to move between parents during the Covid-19 lockdown. The regulations themselves appeared to be drafted in haste and created confusion.

This has now been clarified:

a) children are subject to the lockdown and must remain with their primary caregiver during the lockdown as a default provision; and

b) courts will consider applications of an urgent nature imcluding by parents in matters related to children during the lockdown. This is for exceptions.

What would justify an exception being made is no doubt for a court to determine in the best interest of the child in a specific situation. Presumably if the custodian parent is ill or in some way staying with him or her poses a greater risk (Covid-19 or otherwise) to the child.

The regulations must be read in light of their purposes - to keep society safe through general restrictions on movement.

The link to the article in the Citizen newspaper sets out the situation in South Africa.

Canadian courts have ruled however that it is in the best interests of children to enjoy the benefits of co-parenting during the Covid-19 measures. They have however gone a step further to prescribe the considerations and parameters that each parent to an application relating to contact must show if they are to approach the court on the issue which are:

a. The parent initiating an urgent motion on this topic will be required to provide specific evidence or examples of behavior or plans by the other parent which are inconsistent with COVID-19 protocols.

b. The parent responding to such an urgent motion will be required to provide specific and absolute reassurance that COVID-19 safety measures will be meticulously adhered to – including social distancing; use of disinfectants; compliance with public safety directives; etc.

c. Both parents will be required to provide very specific and realistic time-sharing proposals which fully address all COVID-19 considerations, in a child-focused manner.

d. Judges will likely take judicial notice of the fact that social distancing is now becoming both commonplace and accepted, given the number of public facilities which have now been closed.

https://lnkd.in/eiCTiK3

https://citizen.co.za/parenty/2261224/update-children-are-not-allowed-to-move-between-parents-during-the-lockdown/ Update: Children are NOT allowed to move between parents during the lockdown

05/03/2020

"Unemployable" Divorcing Spouse told to Pull in your belt and find work...

In divorce and family law one of the common issues is the support of a spouse and minor children after separation and divorce.

Our law deals with maintenance by balancing two two main principles:

a) a spouse or the children's need for maintenance (not their wants)
b) each spouses ability to contribute a share of the maintenance.

While the existing standard of living of the family is an important consideration, it is not guaranteed going forward. If you divorce there will be two household to support and the same funds must be stretched across these households. So everyone is expected to implement changes in their lives and their expectations.

The attached article from IOL covers a recent Pretoria high court decision for an interim maintenance application.

Of particular interest is that the wife claimed maintenance in excess of her husband's earnings (which was probably a poor strategy by her attorneys unless the husband had other sources of income or assets for support which it appears was not so in this case), whilst she was herself unemployed.

In fact she claimed to be unemployable on account of having no work experience in her field of qualification. She also claimed that as they were Greek orthodox her husband did not allow her to work and she cared for the couple's young children.

The court reportedly rejected these arguments on the basis, among other things, that many young graduates are in the same position and saying also "I accept there are challenges in restarting one’s life after having spent time at home as a home-maker. However, often women - some at advanced ages and impelled by financial difficulties - do find a way to make it work.”

The applicant was a woman of 27 years old so this may be an appropriate expectation and in keeping with principles of spousal rehabilitative maintenance (maintenance for a limited period to get you on your feet) and the clean break principle (settlements or orders should strive to cleanly separate parties' lives and affairs on divorce). The circumstances of the parties and the applicant must of course be considered in each case in their entirety.

https://www.iol.co.za/pretoria-news/astonished-judge-tells-unemployable-wife-to-find-a-job-44160173?utm_source=facebook&utm_medium=social&utm_campaign=baobab

22/01/2020

Can your Whatsapp messages bind you contractually?

The Supreme Court of Appeals have overturned a decision of the High Court that a whatsapp message gave rise to a contract. This does not mean that no Whatsapp message can result in a contract between parties. The court found that the particulars of the Whatsapp messages did not meet the principles of offer and acceptance for a valid contract in our law.

The appeal involved a father who sent a whatsapp message to the mother of one of his children saying that if "I get" R20m on the lottery, "I can give all my children (R)1m and remain with (R)13m..." The High Court said this was a contract and ordered the father to pay what was owed to the mother.

The appeal found that this was not an offer that was capable of acceptance by the receiving party and thereby it could not and did not lead to an enforceable contract. Rather it was a description of what the father could do for a hypothetical event. The court relied on the strong context that demonstrated that the father had no intention of parting with his money.

https://m.bizcommunity.com/Article/196/547/198799.html

06/01/2020

LEGAL UPDATE: NEGLIGENCE CLAIMS AGAINST STATE HOSPITALS

If you are unlucky enough to suffer injury due to the negligence of a State hospital, you could find yourself being compelled to receive future medical treatment at the same facility.

In a landmark judgement of the Pretoria High Court the State can now refuse payment of monetary compensation for injuries and undertake to provide the future treatment to you as and when the need arises.

This is a massive win and saving for the State as these claims tend to be multimillion rand claims based on the costs of private health care.

It is a blow to personal injury law as you will not be able to choose your medical provider and must face the limited resources of the public healthcare system. The stakes are high - in this landmark case the victim was a child who developed cerebral palsy as a result of injuries sustained at birth requiring a lifetime of treatment in a public institution.

https://www.iol.co.za/pretoria-news/cutting-edge-judgment-in-medical-case-39995412

11/12/2019

Constitutional Court Bans Corporeal Punishment of Children - what does it mean...

In a landmark decision the South African Constitutional Court has this year done away with the common law defence of reasonable chastisement that parents could in the past raise as a defence when charged with assault of children.

This means that children now enjoy equal protection under the law. They may not be assaulted in the name of discipline.

Parents must engage in positive parenting techniques that are driven through conversation and parent-child relationship.

Like other incidents of assault, this does not mean that all infringements will be prosecuted though. There is a discretion not to prosecute de minimus infringements. There are other divergence programmes that a prosecutor may elect to use in appropriate situations like parenting courses or mediation.

The Department of Social Development will be tasked with offering courses to parents to learn positive parenting. There are many good NGOs out there like Save the Children (https://www.savethechildren.org.za/) who are already providing these amazing services.

19/11/2019

Whilst kids are busy anticipating long summer holidays, 'Tis the season when sadly troubled spouses often call it quits. One piece of advice if you are contemplating divorce is to mediate a settlement and walk away as friends 🤝

Research shows many couples make decision to split before Christmas, but stay together to avoid ruining festivities

31/10/2019

More freedom, less free...

31/10/2019