Below are some resources that can help you gain a better understanding of your family member’s rights under the Children’s Act and the Divorce Act:

NO. 38 OF 2005: CHILDREN’S ACT, 2005.

  • To uphold specific children’s rights enshrined in the Constitution.
  • To establish guiding principles for the welfare and safeguarding of children.
  • To prevent the abduction of children and implement the Hague Convention on International Child Abduction.
  • To expand the scope of children’s courts and enable the issuance of contribution orders.
  • To introduce new regulations for the adoption of children, including inter-country adoption, while complying with the Hague Convention on Inter-country Adoption.
  • To outline parental responsibilities and rights.
  • To establish new offenses concerning children’s protection.
  • To regulate surrogate motherhood.


  • The Mediation in Certain Divorce Matters Act of 1987.
  • The Marriage and Matrimonial Property Law Amendment Act of 1988.
  • The Justice Laws Rationalisation Act of 1996.
  • The Domicile Act of 1992.
  • The Divorce Act of 1979 amended by the Matrimonial Property Act of 1984.
  • The Transfer of Powers and Duties of the State President Act of 1986.
  • The Divorce Amendment Act of 1992.
  • The Divorce Amendment Act of 1989.
  • The Divorce Amendment Act of 1996.
  • The Divorce Courts Amendment Act of 1997.
  • The Judicial Matters Second Amendment Act of 2003, also amended by the Magistrates’ Courts
  • Amendment Act of 1993.
  • The Jurisdiction of Regional Courts Amendment Act of 2008.