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Professor Norrie's Commentaries on Family Law$
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Kenneth Norrie

Print publication date: 2011

Print ISBN-13: 9781845861193

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861193.001.0001

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April 2001

April 2001

Tales from Abroad

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

Kenneth McK Norrie

Edinburgh University Press

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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