CHOOSE 1 correct answer. Q1. A 13-year-old boy, who, upon visiting his father in South Africa, refused to return to his mother in Australia indicating that he was not happy at home and at school. In South Africa, he settled well, had a good relationship with his father and his new wife, had many friends and enjoyed school. In deciding whether to return the child, the court will hold that: (indicate the CORRECT statement): 1.The court must take into consideration the best interests of the child. 2.Consider the age, maturity and intelligence of the child. 3.Article 13(2) of the Hague Convention is a separate defence, which confers discretion on the court as to whether to order the return of the child. 4.All the above statements are applicable Q2. Franklin and Whitney divorced after 10 years of marriage. They have two children, a boy named Bradley who is 9 years old and a girl named Pauline aged 11 years. It was agreed that Whitney will have care of the children and that Franklin would see the children as often as he wanted. Franklin recently discovered that during their marriage, Whitney had been involved in an extra marital affair with Robyn. He is devastated and extremely upset knowing that Whitney had been unfaithful to him despite being divorced. He requests permission from Whitney to take the children with him to England on a business trip. Whitney reluctantly agrees. Franklin and the two children leave South Africa on 20 January 2021 never to return. Whitney is devastated and seeks to have her children returned. Article 13 of the Hague Convention outlines exceptions to the rule of peremptory return. Choose the CORRECT statement/s. 1.All of the statements. 2.That person either consented to the removal or retention or condoned it by their actions through words or deeds (they must have known of it and allowed the situation to continue). 3.The person or body who has care of the child was not exercising custody rights at the time of removal or retention. 4.Returning the child will place the child in an intolerable situation or expose him/her to grave risk (i.e. not just usual harm or stress) or to physical or psychological harm. Q3. After 15 years of marriage, Shireen and John decide to divorce. There are two children born out of the marriage. The parties are unable to reach agreement regarding the children. Joanne Sydney is appointed as the Family Advocate. The parties are uncertain as to her role. Choose the CORRECT statement/s which describes her role as a Family Advocate. 1.All of the statements. 2.To act as a mediator between the family and the court, to enable the court to exercise its discretion in reaching an appropriate decision. 3.To report on its recommendation to the court. 4.The Family Advocate's role is to mediate and negotiate a settlement between the parties. Clear my choice Q4 Mary and John have been married for 15 years. Mary is a high school teacher and John is an engineer. They are a Christian couple who attend Church regularly. They have tried various medical treatments over the duration of their marriage to conceive a baby. Sadly, all medical intervention has failed. Mary and John are desperate to have a family and decide to adopt a baby. At Bergs High School where Mary teachers, she came to know and make friends with S, a 16 years old girl studying at the school. One day, S tells Mary that she is pregnant after having been raped by her paternal uncle. S tells Mary that her religious convictions prevent her from terminating the pregnancy. S tells Mary that she believes that adoption is the best option for her baby, as neither she nor her family are in a position to take care of the child. Mary is elated and informs S that she does not have any biological children and would love to adopt the baby once the baby is born. Which factor will NOT be considered by a court when considering the application to adopt? 1.Financial stability of the adoptive parents. 2. All reasonable preferences expressed by a parent and stated in the consent. 3. A report contemplated in section 239(1)(b) (social worker report). 4. The religious and cultural background of the child; the child's parent; and the prospective adoptive parent. Q5. Which statement best describes cohabitants? 1. They have no legal bond towards each other so either party may terminate the relationship at any time and enter a relationship with a third party. 2. Cohabitants are people who initially choose to live together and decide to get married at a later stage. 3. They can marry either in terms of the Marriage Act, the Civil Union Act, or the Recognition of Customary Marriages Act. 4. They have concluded a civil partnership Q6 Which statement/s best describe the role of the family advocate? 1. The Family Advocate should make balanced recommendation and should not take sides against one party in favour of the other. 2. Institute an enquiry into the welfare and interests of the children of a divorced couple. 3. All of the statements. 4. The Family Advocate should be of assistance to the court by placing facts and considerations before the court. Q7. Fathima and Mohammad are two adult Muslims who seek to enter into a valid Muslim marriage. Advise them as to which of the below is a valid requirement/s for a Muslim marriage. 1. All of the requirements are valid. 2. The prospective spouses must both consent to marrying each other and must both be over 18 years of age. 3. The prospective spouses may not be related to one another within the prohibited degrees of relationship as determined by Islamic law. 4. If one of the parties is still a minor, then his/her parent/s or legal guardian must give their consent