Tales from Abroad
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
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