Examples of Mediation in Certain Divorce Matters Act in a sentence
Section 6 of the Divorce Act and section 4 of the Mediation in Certain Divorce Matters Act apply, with the necessary changes required by the context, in respect of such a child as if the proceedings in question were proceedings in a divorce action and the annulment of the marriage were the granting of a decree of divorce.
Paragraph (d) makes it clear that Family Advocates and Family Counsellors, appointed in terms of the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987), are also appointed in respect of proceedings in Regional Courts when exercising family jurisdiction.3.6 Clause 6 amends section 46 of the principal Act by deleting subsection (1).
The Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987) and section 6 of the Divorce Act, 1979 (Act 70 of 1979), apply to the dissolution of a customary marriage.
The provisions of subsections (1) and (2) shall mutatis mutandis apply with reference to proceedings relating to the enforcement or variation of any order made in terms of this Act as well as in relation to any enquiry instituted by a Family Advocate in terms of the Mediation in Certain Divorce Matters Act, 1987.
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At face value, it would seem that it does not.This view is supported by the text of the JRCAA, which fails to mention the Hague Convention and international child abduction, even though a reference is made to the applicability of the Mediation in Certain Divorce Matters Act and the role of the Family Advocate in Regional Court divorces.
The new subsection (d) provides that: “Any person who has been appointed as a Family Advocate or Family Counsellor under the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987), shall be deemed to have also been appointed in respect of any court for a regional division having jurisdiction in the area for which he or she has been so appointed”.is applied for”.20 What this relief may comprise is not spelt out.
Mediation in Certain Divorce Matters Act which is also incorporated into the Recognition of Marriages Act provides for the appointment of a family advocate to ensure that the interests of dependent and minor children are well protected.
The Report proposes the repeal of the Mediation in Certain Divorce Matters Act, 1987, and its replacement by a new statute to be called the 'Family Advocate and Family Counselling Service Act', grants the Family Advocate greater powers in all divorce matters, and gives the Family Advocate the power to inquire into and to report to the Family Court in connection with any child.
The word mediation is used in the Children’s Act, 38 of 2005, however, the Act contains no definition of mediation, and neither does the Mediation in Certain Divorce Matters Act 24 of 1987 (Paleker, 2008).