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HOW TO DEAL WITH PATERNITY DISPUTES (DNA) IN MAINTENANCE RELATED MATTERS? • Discussion of the position of paternity (DNA) tests • Case law and provisions of the Children’s Act that deals with paternity • Understanding how blood tests (DNA tests) work • Costs involved in...
WHAT TYPES OF ORDERS CAN THE COURT MAKE AND HOW AND WHAT ORDERS CAN BE APPEALED? • Discussion of section 16 of the different types of orders that a presiding officer may make • Contemplating the question if a court make an order pertaining to...
HOW DOES CRIMINAL PROSECUTIONS WORK IN MAINTENANCE CASES? • A criminal offence if a person fails to comply with a maintenance order? Discussion of section 31 • Case law on sentencing of maintenance defaulters • Is there any defense against a criminal charge for non-compliance...
HOW TO CONDUCT A MEDIATION IN MAINTENANCE ENQUIRIES? • Discussion of current legislation and the recommendations of the SA Law Reform Commission regarding mediation • What gets mediated in a maintenance matter? • Discussion of a typical mediation process and that to expect • Explanation...
How to deal with parental alienation: • Exploring the possible definitions of parental alienation • Understanding the types, stages and intensity of parental alienation • Discussion of case law on parental alienation • Misconceptions about parental alienation • Understanding behaviours of the alienated child, alienating...
Subsistence & travel allowances by Courts, jurisdictions of Courts and inter-province applications: • Subsistence & travel allowance for applicants travelling to Court and having to take of work (discussion of section 11(1)) • Will the Court pay the travel fees of the respondent or myself ...
Remedies when employers refuse "garnishee" orders and issues relating to POPI: • Explanation of how the emoluments attachment order ("garnishee") process works • Service of the emoluments attachment order on employee and the effect thereof • Usual time periods for deductions (payment runs) • Non-compliance...
Referral of a criminal matter back to Maintenance Court: • Discussion of section 41 • Explanation on when the Courts convert a criminal maintenance matter for an enquiry in the Maintenance Court • Evaluation of case law on conversions • What happens to the arrears...
Your rights and recourse when it comes to maintenance matters: Your rights as the complainant or respondent in maintenance matters What can your expect from the court personnel What are the complaints procedure? Specific rights / recourses explained DOJ Code 26 /2015 Service Delivery Charter...
How maintenance defaulters are blacklisted: • Circumstances under which defaulters are blacklisted • Discussion of the controversy of blacklisting • Discussion on the National Credit Act legislation that deals with blacklisting of maintenance orders • Form W that needs to be completed and forwarded to...
