n Tydskrif vir die Suid-Afrikaanse Reg - The best interests of the child : lessons from the first decade of the new millennium : aantekeninge

Volume 2011, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



The question of determining what exactly a child's best interests are is a question of fact that stands to be determined by the circumstances of each case. The judiciary has over the years attempted to lay down guidelines. Van (1966 4 SA 206 (R)) for example emphasised economic, social, moral and religious considerations. It also emphasised emotional needs and ties of affection. In (1971 4 SA 298 (W)) the court emphasised the child's sense of security; the suitability of the custodian parent; material considerations and the wishes of the child. The most comprehensive list of standards was proposed in (1994 3 SA 201 (C) 204J-205G).

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