Jump to ContentJump to Main Navigation
Professor Norrie's Commentaries on Family Law$
Users without a subscription are not able to see the full content.

Kenneth Norrie

Print publication date: 2011

Print ISBN-13: 9781845861193

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861193.001.0001

Show Summary Details
Page of

PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 20 September 2021

April 2001

April 2001

Tales from Abroad

Chapter:
(p.47) Commentary No 9: April 2001
Source:
Professor Norrie's Commentaries on Family Law
Author(s):

Kenneth McK Norrie

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861193.003.0009

Two matters are discussed, a case from South Africa and a report from Australia. In Jooste v Botha 2000 (2) SA 199 a claim for damages lack of parental love was rejected and the constitutional point discussed about whether a breach of the South African constitution can lead to damages in a claim between private individuals. The Australian report on the Family Law Reform Act 1995 (similar to the Children (Scotland) Act 1995) highlights a number of disappointments with its operation, in particular the fact that recognising joint rights in parenting after separation has led to an increase rather than a decrease in legal disputes over children between parents.

Keywords:   South Africa, Liability for breach of parental duty to love and cherish, Constitutional protection of parent-child relationship, Injuria, Australia, Equalisation of parents’ rights, Fathers’ rights

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.