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of commitment that the applicant has shown towards the child. Furthermore, in
determining the best interest of the child the court will have regard to the need
for the child to remain in the care of his or her parents or family and the child’s
need to maintain a connection with his or her family, extended family, culture or
tradition.
It is therefore important to note that an order granting a grandparent care or
contact does not take away the parental rights and responsibilities another
person has in respect of the child. For example, a mother does not lose her
parental rights and responsibilities when the court assigns contact or care to the
child’s grandparents, they will then merely be co-holders of parental rights and
responsibilities in respect of the child.
In a recent court case it was stated that “grandparents, more often than not, play
an important part in a child’s social and psychological development and usually
take a keen interest in the upbringing of their grandchildren. The relationship
with their grandchildren often assists and compliments parental care. There can
therefore be little doubt that it is usually in a child’s best interest to maintain a
close relationship with his or her grandparent.”

Should you feel strongly about being more involved with your grandchildren, it
would be our recommendation that you consult with a family specialist to discuss
your situation and how you could gain more access to your grandchildren.

What is your duty to enquire whether a couple
is married in community of property?

Ilze Strydom
May 2018

“My mother and father were married in community of property. They often
joked by saying that they could get out of any contract as long as only one
of them signed because the law required that both of them must always sign.
As a business owner, through the years I’ve always wondered whether this is
correct and how careful a business needs to be when dealing with couples
married in community of property?”

In a marriage in community of property, our South African law determines that
Family spouses to such a marriage has one joint estate and each party to the marriage
has the right to perform juristic acts with regard to the joint estate as they are equal
managers of the joint estate. This does not however mean that a spouse can do as
he or she pleases when it comes to transactions that involve the joint estate.

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