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Bertus Preller Discusses a Court Case Which Marks a Victory for Unmarried Parents

Everyone's Guide to Divorce and SeparationBertus Preller, divorce attorney and author of Everyone’s Guide to Divorce and Separation, has written about a recent ruling by the Eastern Cape High Court, which granted unmarried parents who are in a life partnership equal rights to married parents.

Preller discussed the case and pointed out: “It is therefore possible for an unmarried mother to obtain urgent interim relief for maintenance of a child pending an investigation by the Family Advocate’s Office into the care and contact issues of a child.”

A ruling by the Eastern Cape High Court granting unmarried parents who have been in “a life partnership” equal rights to married parents was an “important victory” in child maintenance cases.

The Applicant (mother) approached the Eastern Cape High Court in East London by way of urgency for an order, inter alia, that the Family Advocate institute an enquiry and furnish a report regarding the parental rights and responsibilities of the mother and father and that pending such a report the mother remained the primary carer of the child. Pending the report by the Family Advocate the father was entitled to reasonable contact with the child at all reasonable times every alternate weekend from a Saturday morning at 09h00 until 17h00 and from 09h00 until 17h00 on the Sunday, reasonable telephonic contact, special occasions such as Mother’s Day, Father’s Day etc.

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