THE RIGHT TO LEGAL REPRESENTATION AT STATE EXPENSE FOR CHILDREN IN CARE AND CONTACT DISPUTES – A DISCUSSION OF THE SOUTH AFRICAN LEGAL POSITION WITH LESSONS FROM AUSTRALIA

Authors

  • Marita Carnelley

DOI:

https://doi.org/10.17159/obiter.v31i3.12329

Keywords:

right of children, legal representation at state expense

Abstract

The article discusses the right of children to legal representation at state expense in family disputes in South Africa as provided for in section 10 of the Children’s Act 38 of 2005 and section 28(2)(h) of the Constitution. Certain aspects are highlighted: the applicant applying for legal representation; the requirements for an appointee; the appointment criteria; duties and responsibilities of the appointee as well as the funding for such appointment. The South African legal principles are compared with the equivalent Australian provisions relating to the Independent Children’s Lawyer. The article concludes with some recommendations for lacunae identified in the South African system in light of the Australian experience.

Downloads

Download data is not yet available.

Downloads

Published

15-09-2021

Issue

Section

Articles

How to Cite

THE RIGHT TO LEGAL REPRESENTATION AT STATE EXPENSE FOR CHILDREN IN CARE AND CONTACT DISPUTES – A DISCUSSION OF THE SOUTH AFRICAN LEGAL POSITION WITH LESSONS FROM AUSTRALIA. (2021). Obiter, 31(3). https://doi.org/10.17159/obiter.v31i3.12329

Most read articles by the same author(s)

1 2 > >>